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Council Packet - 9/15/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, September 15, 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 340 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, Kelley Felchle, City Clerk. Approval of Agenda as proposed or amended. Approval of Minutes of September 2, 2025, Regular Council Session as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA Page 2 of 340 The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 2, 2025, and date of public hearing as October 6, 2025, in conjunction with the FY 2026 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131, and instruct the City Clerk to publish notice. 3. Resolution setting the date of public hearing as October 6, 2025, for the sale and conveyance of approximately 24.3 acres of city -owned property, located at the southwest corner of Kimball Avenue and West Orange Road, in the amount of $1.00, to Midwest Development Company, with a Development Agreement for the construction of seventy single-family homes, and instruct the City Clerk to publish public notice. 4. Resolution setting date of public hearing as October 6, 2025, to authorize the sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, including a Development Agreement, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as October 6, 2025, to approve a rezone request by Midwest Development Company on behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct seventy homes located south of Orange Road and west of Kimball Avenue, and instruct the City Clerk to publish notice. 6. Resolution approving a Title VI Non -Discrimination Agreement with the Iowa Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. 7. Resolution approving a Standard Title VI/Non-Discrimination Assurances agreement with the United States Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. 8. Resolution approving cancellation of sidewalk assessments for properties located at 1029 Grant Avenue, in the amount of $316.73, 1412 Commercial Street, in the amount of $1,024.72, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 9. Resolution approving the award of the bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $24,750.00, approving the contract and certificate of insurance, in conjunction with the FY 2025 Furgerson Fields Basktetball Court Overlay Project, and authorizing the Mayor to execute said document. Page 3 of 340 10. Resolution approving award of hotel/motel tax council discretionary funds to the Friends of NCC in the amount of $12,000.00. 11. Resolution approving Hotel/Motel Grant award in the amount of $3,000.00 to Main Street Waterloo for funding for the Main Street Iowa Fall meeting and $15,000.00 to Experience Waterloo for event barriers. 12. Motion approving Change Order No.2 with Baker Enterprises, Inc., of Waverly, Iowa, for a net increase of $79,800.00, in conjunction with FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and authorizing the Mayor and City Clerk to execute said document. 13. Hector Salamanca Arroyo, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [Renewal]. 14. Ivan Valtchev, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [Renewal]. 15. Nicholas Hedrick, Board/Commission: Historic Preservation, Expiration Date:April 15, 2028, [Renewal]. 16. Liquor Licenses Casey's #2880, 1604 La Porte Road, Class C w/Sunday Sales (Renewal) Exp: 09/30/2026. Chilitos Mexican Bar & Grill, 441 E. Tower Park Drive, Class C w/Sunday Sales (Ownership Update) Exp: 08/07/2026. Dollar General #4698, 2935 Logan Avenue, Class B w/Sunday Sales (New) Exp: 07/14/2026. Dollar General #20584, 1650 Idaho Street, Class B w/Sunday Sales (Ownership Update) Exp: 11/06/2026. Friendship Village, 600 Park Lane, Class F w/Outdoor Service and Sunday Sales Renewal) Exp:10/18/2025. Kwik Star #1004, 111 E. Donald Street, Class B w-Sunday Sales (Renewal) Exp: 10/21/2026. Lounge Bar, LLC, 32 lafayette Street, Class C w/Sunday Sales (Ownership update) Exp: 07/09/2026. Maui Wowi Iowa, 257 Ansborough Avenue, Class C w/Outdoor Service and Sunday Sales (New) (5-Day) Exp: 09/21/2025. Narey's 19th Hole, 2073 Logan Avenue, Class C w/Sunday Sales (Renewal) Exp: 08/22/2026. National Dairy Cattle Congress, 250 Ansborough Avenue, Class C w/Sunday Sales (Unlicense Location) Exp: 02/28/2026. Queen of Peace Church, 320 Mulberry Street, Class C w/Outdoor Service and Sunday Sales (New) (5-Day) Exp: 09/18/2025. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Renewal) Exp: 10/14/2026. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Premises Update) Exp: 10/14/2026. 17. Bonds. PUBLIC HEARINGS Page 4 of 340 1. FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix the value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted by: Oumie Ceesay, Associate Engineer 2. FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. 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 Brock Even Construction, of Jesup, Iowa , in the amount of $76,843.42, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Oumie Ceesay, Associate Engineer 3. Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, Contract No.07-8155-784. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Resolution approving award of bid to K&W Electric of Cedar Falls in the amount of $524,947.50, approving the contract, bonds, and certificate of insurance, in conjunction with the Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, Contract No.07-8155-784, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager 4. Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US 218, Contract No.07-8155-785. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Resolution approving award of bid to K&W Electric of Cedar Falls in the amount of $774,627.00 approving the contract, bonds, and certificate of insurance, in conjunction with the Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US Page 5 of 340 63 north 4.2 miles to US 218, Contract No.07-8155-785, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager 5. Demolition and Site Clearance Services, Contract No. D-2025-08-01 P. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids and refer to the Community Planning and Development Director for further review. Submitted by: Noel Anderson, Community Planning and Development Director 6. Demolition and Site Clearance Services, Contract No. RD-2025-08-02P. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids andand refer to the Community Planning and Development Director for further review. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Request by E & A Properties, LLC, for an appeal of the City Engineer to allow for automobiles to be parked in the city -owned right-of-way of West 16th Street northeast of Jefferson Street, in the "M-1" Light Industrial District. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the rehabilitation of 627 W. 3rd Street, including an acquisition grant of $33,500.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution to approve an American Rescue Plan Act Subrecipient Agreement in the amount of $500,000.00, with Iowa Heartland Habitat for Humanity, and authorizing the Community Planning and Development Director to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a request by Brent Bohlen for an Encroachment Agreement to allow a patio, pergola, and fence in the city -owned alley right-of-way in the "R-1" One and Two Family Residence District, located at 130 Columbia Circle. Submitted by: Noel Anderson, Community Planning and Development Director Page 6 of 340 5. Resolution approving an addendum to the current contract with Per Mar Security for the Waste Management Services Plant, extending the contract for three (3) years and outlining rate increases each year, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 6. Resolution awarding bid to Iowa Wall Systems, Inc. of Waterloo, Iowa, in the amount of $12,100.00, in conjunction with the Veterans Memorial painting and Hall Repair, and authorizing the Mayor to execute said document. Submitted by: Greg Ahlhelm, Building Offical 7. Resolution to award bid to Don Gardner Construction of Waterloo, Iowa, in the amount of $24,785.00, in conjunction with the remodel of the Waterloo Convention Center Skywalk between the Hotel and Convention Center, and authorizing the Mayor to execute said document. Submitted by: Greg Ahlhelm, Building Offical ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 340 September 2, 2025 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Tuesday, September 2, 2025. Roll CaII. Mayor Quentin Hart in the Chair. Roll CaII: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon (via Zoom), Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Mayor Quentin Hart. Approval of Agenda as proposed or amended. Feuss/Nichols that the agenda as amended, by removing item #3 to be discussed in a Work Session, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the August 18, 2025, regular council meeting, as proposed or amended. Feuss/Nichols that the minutes of the August 18, 2025, Regular Session meeting as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Samantha Price, Main Street Waterloo Board of Directors L.C. Smith, 416 Oliver 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 August 25, 2025, in the amount of $5,618,978.70, and September 2, 2025, in the amount of $3,026,386.30, be received and placed one 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. Resolution adopted and upon approval by Mayor assigned No. 2025-479. Resolution approving the request of Kristen Barfels for a waiver for a concrete driveway, Page 1 of 11 Page 8 of 340 located at 48 Martin Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2025-480. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 18, 2025, and date of public hearing as October 6, 2025, in conjunction with the FY 2026 Winn Street Sanitary Sewer, Contract No. 1134, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-481. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 11, 2025, and date of public hearing as September 15, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-08-01 P, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-482. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 11, 2025, and date of public hearing as September 15, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. RD-2025-08-02P, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-483. Resolution setting date of public hearing as September 15, 2025, to approve plans and specifications in conjunction with the Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive to US 218, Iowa DOT Grant Project Number 07-8155-784, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-484. Resolution setting date of public hearing as September 15, 2025, approving plans and specifications in conjunction with the Broadway Street CMAQ, Traffic Signal Fiber Optic Installation, Broadway Street from US 63 north 4.2 miles to US 218, Iowa DOT Grant Project Number 07-8155-785, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-485. Resolution to approve contract, bonds, and certificate of insurance, in conjunction with the previously -awarded bid to GEMS Technical Services, Inc, FAA AIP Project No. 3-19-0094-057- 2025, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2025-486. Resolution accepting Iowa DOT FY-2026 Commercial Service Vertical Infrastructure grant, in the amount of $123,103.00, for Terminal Renovations (paint and carpet). Resolution adopted and upon approval by Mayor assigned No. 2025-487. Resolution approving the sale of used equipment/vehicles from the Public Works Department via the Purple Wave website. Page 2 of 11 Page 9 of 340 Resolution adopted and upon approval by Mayor assigned No. 2025-488. Motion to approve Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $2,213.80, in conjunction with the FY 2024 Sulentic Park Shelter, Contract No. 1105, and authorizing the Mayor to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $120,191.70, in conjunction with the FY 2024 Sulentic Park Shelter, Contract No. 1105, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2025-489 Motion to approve Change Order No. 06 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $181,665.00, in conjunction with FY 2024 La Porte Road Improvements, Phase I Project, Contract No. 1016, DOT Contract No. STBG-SWAP-8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. Motion approving Change Order No. 1 with Matt Construction, Inc. of Sumner, Iowa, for a total increase of $2,576.52 in conjunction with the FY 2025 South Hills Golf Course Maintenance Building Contract No. 1130, and authorizing the Mayor and City Clerk to execute said document. Motion to accept and place on file the arbitrage results reflecting that a rebate earnings payment of $101,764.86 is due to the Internal Revenue Service for the General Obligation Bonds Series 2022B. Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE 2025. Motion to approve Exception to Burning Yard Waste Application by George Wyth State Park to burn location within the park, generally located at 3659 Wyth Road, from September 2025 - April 2026. Motion to approve the appointment of Nathan Beuseling from the current Civil Service List to the position of Property Safety Inspector in the Building Inspections Department, effective September 4, 2025. Motion to approve the appointment of Ann Baker from the current Civil Service List to the position of Bookkeeper in the Housing Authority department, effective September 8, 2025. Page 3 of 11 Page 10 of 340 Sarah Rieken, Board/Commission: Human Rights Commission, Expiration Date: September 2, 2028, [New]. Claudia Rivera, Board/Commission: Human Rights Commission, Expiration Date: 8/19/2028 fNew-full]. Communication from the Police Department on the notice of the conclusion of employment of Thomas Flaherty, Police Officer, effective July 22, 2025, with recommendation of approval of payout of $3,734.94 for unused benefits. Communication from the Traffic Department on the notice of the conclusion of employment of Mohammad Elahi, Traffic Operations Director, effective July 31, 2025 with recommendation of approval of payout of $10,501.62 for unused benefits. Motion to receive and file Leisure Services Commission Board minutes of July 8, 2025. Motion to receive and file Airport Board minutes of July 16, 2025. Liquor Licenses Bamboo Ridge Campground, 4550 La Porte Road, Class B w/Sunday Sales (Renewal) Exp: 09/18/2026. Black Hawk Tennis Club, 1005 Black Hawk Road, Class C w/Sunday Sales (Renewal) Exp: 06/25/2026. CVS/Pharmacy, #8544, 1825 E. San Marnan Drive, Class E w/Sunday Sales (Ownership Updates) Exp: 05/31/2025. Hy-Vee Fast & Fresh #3, 1512 Flammang Drive, Class B w/Sunday Sales (Renewal) Exp: 08/26/2026. Kwik Stop 3, 1104 Washington Street, Class E w/Sunday Sales (Renewal) Exp: 07/26/2026. Landmark Commons, 1400 Maxhelen Boulevard, Class F w/Outdoor Services/Living Quarters/Sunday Sales (Renewal) Exp: 08/31/2026. Longhorn Steakhouse #5374, 1425 E. San Marnan Drive, Class C w/Sunday Sales (Renewal) Exp: 08/31/2026. Lounge Bar, LLC, 32 Lafayette Street, Class C w/Sunday Sales (New) Exp: 07/09/2026. M & J Caribbean Restaurant, LLC, 926 La Porte Road, Class C w/Sunday Sales (New) Exp: 07/06/2026. Mama Nick's Circle Pizzeria, Inc., 1934 Washington Street, Class C w/Sunday Sales (Renewal) Exp: 09/02/2026. Prime Mart 5, 508 Broadway Street, Class E w/Sunday Sales (Renewal) Exp: 09/15/2026. Prime Mart 7, 1309 Lafayette Street, Class E w/Sunday Sales (Ownership Updates) Exp: Page 4 of 11 Page 11 of 340 04/30/2026. Rome"s Place, 201 Rath Street, Class C Living Quarters w/Sundav Sales (New) Exp: 08/31/2026. Bonds. PUBLIC HEARINGS Asbestos Abatement Services, Contract AB-2025-08-01 P. Chiles/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented that this seems like an expensive abatement for what the city has been spending lately. Chiles/Creigton-Smith to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Chiles/Creighton-Smith Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-490. Mr. Chiles questioned why the asbestos abatement was not bid at the same time as the demolition. Aric Schroeder, City Planner, provided an overview of the project. Mr. Boesen commented that he was more concerned about not being able to get into parts of the building and ended up with an open contract and questioned how could we judge what asbestos might be in those tunnels. Aric Schroeder shared that it is his understanding that Advanced Environmental did testing in those tunnels and no asbestos was found in the tunnels. He further shared that he would have to follow up with the contractor. Chiles/Creighton-Smith to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $170,000.00 Page 5 of 11 Page 12 of 340 Site Services, Inc., Algona, IA - 5% - $126,500.00 All Star Environmental, LLC, Dubuque, IA - 5% - $163,800.00 REW Services Corporation, Des Moines, IA - 5% - $159,639.00 Advanced Environmental, Waterloo, IA - 5°/0 - $115,000.00 Chiles/Creighton-Smith Resolution approving award of bid to Advanced Environmental of Waterloo, Iowa, in the amount of $115,000.00, in conjunction with Asbestos Abatement Services, Contract AB-2025-08-01 P, for property located at 310 Upland Drive, 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. 2025-491. RESOLUTIONS Resolution approving and authorizing a Loan and Disbursement Agreement by and between the City of Waterloo and the Iowa Finance Authority, and authorizing and providing for the issuance of Sewer Revenue Capital Loan Note, Series 2025G (Reissuance of Sewer Revenue Capital Loan Notes, Series 2023B (2025 Loan Forgiveness) of the City. Nichols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-492. David Dryer, 3145 W. 4th Street, requested further information about the purpose of the agenda item. Bridgett Wood, Finance Director, provided an overview of the item. Resolution approving request by the Waterloo Regional Airport to release 13.0 acres of Airport property known as Parcel G and Parcel H, for the amount of $577,800.00, to the City of Waterloo, Iowa for continued development, and authorizing the Mayor and City Clerk to execute all formal land release documents as required and submit said documents to the Federal Aviation Administration. Nichols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-493. David Dryer, 3145 W. 4th Street, questioned if there was already vacant property in that area for economic development. Noel Anderson, Community Planning and Development Director, provided an overview of the purpose of the agenda item. Mr. Boesen questioned why the city is releasing this land. Noel Anderson explained that the tract of land is for infrastructure. Mr. Chiles questioned if the funds would be directed to the airport. Page 6 of 11 Page 13 of 340 Noel Anderson explained that the funds would go into an account that the airport can use for FAA -approved projects. Resolution approving an agreement with Invision Architecture, not to exceed $8,500.00, for planning and design services related to new fuel site locations and Public Works facility updates, and authorizing the Mayor and City Clerk to execute said document. This item was removed to be discussed during a council work session scheduled for September 15, 2025. Resolution approving an agreement with Routeware, Inc. of Portland, Oregon, in the amount of $6,995.42 with a subscription fee increase of not more than four -percent during years two and three of a thirty -six-month contract, in conjunction with Sanitation collection, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-494. Resolution approving Primary Highway Detour Agreements with the Iowa Department of Transportation to allow traffic to be detoured to various portions of Ridgeway Avenue, in conjunction with the Highway 20 Pavement Replacement Project, NHSX-020-6(73)--3H-07, and authorizing the Mayor to execute said document. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-495. Mr. Boesen questioned if part of the contract would include repairs. Jamie Knutson, City Engineer, confirmed, and explained that this is just when the ramps are closed and would only affect traffic exiting at a particular interchange that would be re-routed. Resolution approving a Professional Services Agreement with Tallgrass Archaeology, of Iowa City, Iowa, in the amount of $15,678.68, in conjunction with the EDA Grant for storm and sanitary sewer for the WARP Business Park, and authorizing the Mayor and City Clerk to execute said document. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-496. Resolution approving an Early Access Agreement with International Paper Company, to allow for the transportation of excess fill located at 3230 Leversee Road to 4050 Leversee Road, and authorizing the Mayor and City Clerk to execute said document. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-497. Resolution approving a Permanent Utility Easement Agreement with SKH Properties, LLC, Page 7 of 11 Page 14 of 340 located at 330 Tower Park Drive, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-498. Resolution to approve the first amendment to the development agreement between the City of Waterloo and Waterloo Crossroads Development, LLC, to increase the maximum amount payable to the developer by $4,000,000.00, and authorizing the Mayor and City Clerk to execute said amendment. Feuss/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-499. David Dryer, 3145 W. 4th Street, questioned why additional monies are being paid to the developer. Noel Anderson, Community Planning and Development Director, provided an overview of the increase. Mayor Hart provided additional comments relating to the various individual agreements between the entities. BJ Stokesberry, ATI Group, a wholly owned subsidiary of McClure Engineering, explained that, unfortunately, shortly before closing, they became aware that there were some off -site agreements that they were not told about, nor were they identified in a title search. The project was halted, and they have been working relentlessly since February to get it back on track. He shared that these issues are what lead to the need for the increase. He further provided additional information about the timing of the demolition portion of the project and what the first phase will include. Mayor Hart questioned if they are working with local entrepreneurs interested in the project. BJ Stokesberry confirmed that have been talking with franchises and local businesses that have expressed interest in exploring what it would look like to be there. Mr. Boesen commented that he believes it's important to remember that McClure may not spend the entire amount of money. He added that Namdar, the mall owner, is buying property all over the country and letting it deteriorate. Mr. Nichols questioned if there is a timeline for a master plan to come before council and the public. BJ Stokesberry commented that a plan is put together and can be circulated. Resolution approving a Collateral Assignment of the Development Agreement between Waterloo Crossroads Development, LLC, City of Waterloo, Iowa and Home State Bank, and authorizing the Mayor to sign said document. Page 8 of 11 Page 15 of 340 Feuss/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-500. David Dryer, 3145 W. 4th Street, requested additional information and if we are guaranteeing a loan for them. Noel Anderson, Community Planning and Development Director, explained that the Collateral Assignment is part of the financing for the bank for them to be able to work with McClure and move forward with the project. BJ Stokesberry, ATI Group, provided additional clarification of the Collateral Assignment. He clarified that the city would not be providing a guarantee. Rather, it is essentially the city allowing them to use the Development Agreement as collateral for their bank financing. Resolution approving an Amendment to the Development Agreement between EIC Enterprises, LLC, Northeast Iowa Food Bank, and the City of Waterloo, for the relocation of two homes located at 1633 and 1637 Lafayette Street, and possible reuse of 1617 Lafayette Street, and authorize the Mayor and City Clerk to execute said amendment. Chiles/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-501. Barb Prather, Northeast Iowa Food Bank, thanked the council for their consideration of this resolution and said that it would help them move their project along that will not only help Waterloo and Black Hawk County residents but throughout Northeast Iowa as well. Forest Dillavou, 1725 Huntington Road, expressed that he did not support the item. Resolution approving a permanent easement agreement in the amount of $20,418.00, and a temporary easement agreement in the amount of $1,827.00, with Farmers State Bank, located west of 301 Tower Park Drive, in conjunction with the Winn Street sanitary sewer extension project, 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. 2025-502. David Dryer, 3145 W. 4th Street, questioned if the property was given away for $1.00. Noel Anderson, Community Planning and Development Director, stated that the city did not sell the property for $1.00. Jamie Knutson, City Engineer, shared what the options were and explained that this was the least disruptive to the neighboring business and the least expensive choice. Resolution approving a Temporary Easement Agreement with Veridan Credit Union, located at 233 Fisher Drive, in conjunction with the Winn Street Sanitary Sewer Extension Project, and authorizing the Mayor and City Clerk to execute said documents. Wilder/Creighton-Smith Page 9 of 11 Page 16 of 340 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-503. Resolution approving a Release of a Mortgage between the City of Waterloo and Central Property Holdings, LLC for property located at 221 Franklin Street, and authorize Mayor and City Clerk to execute said document. Wilder/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-504. David Dryer, 3145 W. 4th Street questioned if the mortgage has been paid back and expressed that it seems like the city keeps giving away money. Noel Anderson, Community Planning and Development Director, explained that as part of the original Development Agreement, the city did provide a $400,000.00 grant to acquire land for the development of All -In Grocers, the total lot cost was $750,000.00, and the developer paid the other $350,000.00. He explained that as part of the grant in the Development Agreement, the developer did meet the terms, so the mortgage should be released. Ms. Creighton -Smith shared information that she received from Kerry Sutherland about his plans to revitalize the store and why the process has been delayed. Ms. Wilder commented that Mr. Sutherland is doing his best to make sure this happens despite challenges with his health. Mr. Nichols shared that Mr. Sutherland has the best healthcare available to him, and he is confident he will move forward with this project. Mr. Chiles questioned if we are compelled to approve this action due to the legal requirements set forth in the contract. Noel Anderson shared that as long as sections 2 and 3 of the agreement have been met, which they have, we should legally move ahead with this. Mr. Boesen questioned if the resolution could be amended to release the mortgage contingent on the closing. Noel Anderson commented that it would be best to consult with an attorney on that. Ms. Creighton -Smith commented that this would not be the first development that has not met the timeline, yet we have continued to allow those projects to move forward until completed. She said she would like to see the council be equitable. Mr. Nichols commented that there is no need to delay this decision. ADJOURNMENT Feus/Chiles that the council adjourn at 6:26 p.m. Voice vote -Ayes: Six. Motion carried. Page 10 of 11 Page 17 of 340 Kelley Felchle City Clerk Page 11 of 11 Page 18 of 340 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 2, 2025, and date of public hearing as October 6, 2025, in conjunction with the FY 2026 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Sergeant Road (US Hwy 63) - W. Ridgeway Avenue - Kimball Avenue - South City Limits - Sergeant Road (US Hwy 63) NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Homeowner assessments ALTERNATIVE ACTION LEGAL DESCRIPTION Page 19 of 340 ATTACHMENTS None Page 20 of 340 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 September 15, 2025 AGENDA ITEM TITLE Resolution setting the date of public hearing as October 6, 2025, for the sale and conveyance of approximately 24.3 acres of city -owned property, located at the southwest corner of Kimball Avenue and West Orange Road, in the amount of $1.00, to Midwest Development Company, with a Development Agreement for the construction of seventy single-family homes, and instruct the City Clerk to publish public notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution setting the date of public hearing as October 6, 2025, to enter into a development agreement with Midwest Development Company to authorize the sale and conveyance of approximately 24.3 acres of land for $1.00, and an infill incentive grant of $350,000.00, located at the southwest corner of Kimball Avenue and West Orange Road, for the construction of 70 single-family homes, and authorize City Clerk to publish public notice. The location is the site of the former Orange Elementary School and Waterloo Community School District's bus barn. The school was relocated to the northeast, and the bus barn was relocated to a more centrally located location at 1601 Black Hawk Street. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact upon the surrounding area, and this project aligns with the Elev8 housing policy approved by the city council to create more housing development and opportunities in Waterloo. DATA, ANALYSIS, AND STRATEGIES Economic development, land use, housing. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 21 of 340 Nuisance Bonds or TIF ALTERNATIVE ACTION LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 Y2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38'/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North Page 22 of 340 line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. ATTACHMENTS 1. Preliminary Plat 2. Aerial Map - Old Orange School 3. 8171-22-7 Rezoning Exhibit 4. 8171-22-7 Highland Meadows Site Plan Page 23 of 340 UTILITY LEGEND -EXISTING (SS8) (ST15) (FM6) (W8) - - -(G)- - - -(G) - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F)- - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - _ 800- ler ®GV 0 BM V SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT PRELIMINARY PLAT FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR 1I 011 lor /aL4JL_ 0 OR (D 460 SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. PERMANENT 20' DRAINAGE EASEMENT VARIES FROM 3%-5% r SHLDR 4.00% CCw a-J O:1 CC d 1' 1.5% 12.5' O 6" INTEGRAL CURB 1.5% 411 2' BERM TOP WIDTH PROPOSED STORM SEWER TO DIRECT LOW FLOWS FROM DETENTION BASIN TO KIMBALL AVE 6" PCC / 6" GRANULAR SUBBASE 12.5' WIDE PAVED CEMETERY ACCESS TYPICAL CROSS SECTION (OVERFLOW SWALE #1) w wz a O-J 3:j FRo TM O4.z 6" SUBDRAIN POROUS BACKFILL 2.0% ROW - 4' 1.5% 11' 4.0% 1 1 111 l 11 l 11 l 11 l 11 l 11 l 11 l 11 l if PROPOSED - " DIP WATERMAIN SUBDRAIN AS PER PLANS 6" INTEGRAL CURB 14' 2.0% 11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 E111E111E111E111E111E111E111E111E111=111 111E111E111E111E111E111E111E111E111E11 7" PCC PAVEMENT 60' ROW 14' 2.0% 111,11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 IEI 11 111=1 1=1 IE111E111E111E111E111=111EI I I-1 II II 11 EI11-111E111E111E111E111E111=111EI T IEI I I- 6" GRANULAR SUBBASE - PROPOSED 8" SANITARY �0 SEWER MAIN UNDISTURBED OR COMPACTED FILL STORM SEWER AS PER PLANS 11' 4.0% 111111111111111111111111111 ROW 4' 1.5% PCC SIDEWALK, 4" COMPACTED FILL 2.0% LOCATION MAP (1„=700') J m m w a J 4 S W SIDEHILL DR LICHTY BLVD PROJECT LOCATION BLAINE RD E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the NortheastQuarter of the NortheastQuarter of Section 21, Township88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk Count Iowa, 9 p Y� except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencingat apoint 29 17 27 rods West of the East line of said Section and 46 517 1337 rods or 765.38 feet South of the North line of said Section, whichpoint is thepoint of beginning, / /9 9, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. SHEET INDEX 1. COVER 2. PRELIMINARY PLAT TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT PROPOSED: R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: TRACTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING TRACTS): DENSITY: 70 LOTS (LOTS 1-70) 70 LOTS 5 TRACTS 70 UNITS 24.27 ACRES 17.66 ACRES 2.88 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS INTERIOR LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED INTERIOR LOTS FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 CORNER LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 INTERIOR SIDE 5 CORNER SIDE 15 REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK WAY LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL WAY LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 08/04/2025 Date Revised 08/11/2025 `1�rFRioo IOWA CoVtrSMKIfty of Opplortimi Cy Revision Description Revision Number & Date Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/11/2025 Field Book No: Scale: Sheet: 1 of 2 w z 0 Ln 10:49am Plotted By Aug 11, 2025 I:\projects\8100\8171-22-Skogman\8171-22-7 Orange Road, Waterloo\DWG\Plats\8171-22-7 PP03.dwg Date Plotted 28' B-B TYPICAL ROADWAY CROSS SECTION HALL AND HALL PROJECT NUMBER: 8171-22-7 Project Number: 8171-22-7 iL 0 0 Page 24 of 340 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 GRACE DR W.ORANGE RD Area to be rezoned SCHOOL') Sourges: Esri, TomTom, Garmin, FAC con rrii u — BLAINE RD E ORANGE RD NOAA, USGS, © OpenStreetMap �r the GIS User Community West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development Co Pnnr- 7G: of ZA w _ t 'J s i 881321226002 EDIN SAHINOVIC 161 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 881321201013 DANA L. AND DEBBIE S. MESSERLY REV. TRUST ZONE R-1 CLASS: AGRICULTURE zo a MOa (n OOZ(0 (a 1 Q z -aQ () La N Q Z M LI O coz�NN cozy < 881321226026 ROBERT L. FRIEDLY 145 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 1 a F 881321226028 MARVIN C. DE WAARD 139 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXHIBIT REZONING PART OF THE N.E.1/4-N.E.1/4, SECTION 21, T88N, R13W WATERLOO, BLACK HAWK COUNTY, IOWA ORANGE ROAD • \D( I 881321226027 DANIELLE J. DROSTE 129 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXISTING ZONE (R-1) ONE AND TWO FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY 1.\,QPO�i e6,OhP`IO�� Q\/ r00 881321251007 JULIA K. AND JOHN W. MILLER TRUST 145 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276001 SADLER Sc SONS LLC 150, 152 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276002 KEVIN D. AND DIANE E. SITTIG 140 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 881321226017 JOHN M. KOCH —11 6114 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL — —. • 881321226018 JUDY L. AND GARY J. SADLER 6122 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL TIMOTHY 19 881321ANNOESLEY SVR��� 6132 KIMBALL AVE, (OF 0011: ZONE R-1 P\-P CLASS: RESIDENTIAL `LO 881321226020 MARGARET A. ROUSSELOW 6142 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226021 JOSEPH P. MC GOVERN P 0��g 6150 KIMBALL AVE. 00� I tk2 ZONE R-1 OQPGE CLASS: RESIDENTIAL 881321226022 TIMOTHY R. EVERETT 6204 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226023 LUCAS J. AND STEPHANIE N. SCARBROUGH 6220 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL OF o$c�tk2� P- Z00� 0 8813221276003 JARED S. AND SCOTT M. HOTTLE 124, 126 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276004 BLAIR E. BOYNTON 6236 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL KIMBALL AVENUE 881321226025 CITY OF WATERLOO W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 000 0 50 100 150 200 GRAPHIC SCALE IN FEET SCALE: 1"=100' REQUESTER: MIDWEST DEVELOPMENT, LLC OWNER: CITY OF WATERLOO, IOWA COMPANY: HALL & HALL ENGINEERS, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 EXISTING ZONING AND REQUIREMENTS: (R-1) RESIDENTIAL DISTRICT FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: 9,000 SQ.FT. MINIMUM LOT WIDTH: 75' MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: 35% SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING AND REQUIREMENTS: (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: REDUCED FROM R-1 MINIMUM MINIMUM LOT WIDTH: REDUCED FROM R-1 MINIMUM MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: INCRESSED FROM R-1 MINIMUM SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT. LEGAL DESCRIPTION PART OF I CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, Iowa, except Parcel 'B" of Plot of Survey Doc. #2006-17037, and olso except the Eost 16 rods of the South 38 1/6 rods thereof, and also except that port described as: Commencing at a point on the East line of said Section that is 38 'fi rods North of the Southeast corner of the Northeast Quarter of the Northeast Quorter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at o point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those ports of the North One —Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quorter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line porollel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section o distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. CITY OF JTERLO 0 ovm Cornet nfCy of Opportuthrty Revision Descrip ion Revision Number & Dote HALL & HALL ENGINEERS, INC. ww.halleng.com wZ Z I-Z U< M I d Nrn UZ LO < < N d pri �O J <- U> (nw Q . �a LL QZ Q JZ _00 •J 0 • a▪ °' z� M w Z wuj o� Z> cn M Oct }v ZL OLLj wu") mZ JD 00a � 0 Sheet Title: Designed by DLK Drown by: DLK Checked by Date: 6/18/2024 Field Book No: SKO 21 Scale: 1"=100' Sheet: 1 of 1 Project Number: 8171-22-7 0 Jun 18, 2024 — 11:54om Plotted By : CAD File: I:\projects\8100\8171-22—Skogmon\8171-22-7 Oronge Rood, Woterloo\DWG\Plats\8171-22-7 REZONE EXHIBIT 3D2024.dwg Date Plotted Page 27 of 340 UTILITY LEGEND -EXISTING (SS8) ( S T 1 5 ) (FM6) (W8) - - -(G)- - - -(G) - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F)- - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - - _ 800 - m ® OR p 0l 171 ®GV SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT SITE PLAN FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR 1I ol1 lor /aL4JL_ 0 OR ® 460 SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. LOCATION MAP (1„=700') J to to w a J a S W SIDEHILL DR LICHTY BLVD PROJECT LOCATION E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 20077008542 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. SHEET INDEX 1. COVER 2. SITE PLAN TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: PROPOSED: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: TRACTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING TRACTS): DENSITY: 70 LOTS (LOTS 1-70) 70 LOTS 5 TRACTS 70 UNITS 24.27 ACRES 17.66 ACRES 2.88 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS INTERIOR LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED INTERIOR LOTS FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 CORNER LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 INTERIOR SIDE 5 CORNER SIDE 15 REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK WAY LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL WAY LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 08/04/2025 Date Revised `1�°�rFRioo IOWA Contrnaffifly of Opprortimi Cy Revision Description Revision Number & Date w z 0 1- Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: HALL AND HALL PROJECT NUMBER: 8171-22-7 1 of 2 Project Number: 8171-22-7 Page 28 of 340 \ OVERFLOW ELEVATION EXISTING 12" CULVERT TO REMAIN / EXISTING CEMETERY ACCESS TO REMAIN .-H 0, zw0�o zQ Y�E IE-NLU w BASIN SPILLWAY, 35' WIDTH ELEVATION = 954.00 EXISTING 24" CULVERT TO BE REMOVED SWALE #2 GRADE SWALE AT MIN 1.5% 6' BOTTOM WIDTH, 0.5' DEPTH \ t 1 \ \ I a a TTED TpOR NT IRO UNNE1/1a13 ISECTION/ 2' MESSERLY DANA L REV TRUST MESSERLY, DEBBIE S REV TRUST, 2135 W GRACE ST OLATHE, KS 66061 1 / 975� -7.- -7- 7 =7 1 I I / u1/// -7/ �I\° °`//// -- = , ) ,o/// (14 1 fI�0c, ,&'LOT 38 / 0) (p A/ 18,425 SF 1 I�LI � 0.42 AC . �\,z:V/ ;4 I a, / / Iol,/i*�� 11I/1 /1/ 11 LOT 39 III 114,487 SF rn / I 0.33 AC 1/ I II I TOP OF BERM TOa DIRECT DRAINAGE TOWARDS KIMBALL AVE 2' WIDTH (TYP.) TO BE RELOCATED 7 T T)- �- -(°Hn- Bonn- - - -(�--- 4 c tn cn >- cc U W W W U LOT 37 11,942 SF ( 0.227 AC LOT 41 16,718 SF SWALE CREST 962 0.38 AC Ir - \ �\ -.9,---�-- �----J \ PORTION OF ACCESS ON z LOT 50 TO BE REMOVED - _ ''S./ -Lc, 62' 62 - - LOT 49 01 9,299 SF 0.21 AC TURNAROUND \ PER FIRE CODE 1.50AC PROPOSED DRY BOTTOM DETENTION BASIN 2 PORTION OF ACCESS ON TRACT C TO BE REMOVED LOT 36 9,408 SF 0.22 AC • \ \Jn l - 966- // �4 _ 967 - -, / SWALE #3 �� GRADE SWALE AT MIN 2.0% 12/ 7.- 6' BOTTOM WIDTH, 0.75' DEPTH S / // // -// - // 51' 1 �' 00 LOT 51 7,658 SF 1~ 4- 0.18 AC \ � 955��955 _ 0.22 AC 963.73 965.95 TURNAROUND PER FIRE CODE CENTERED ON LOT LINE 12,562 0.29 LOT 32 \\ 68 14,053 SF \ 0.32 AC OVERFLOW 62> ELEVATION 9 1" \ \ s LOT 30 \ �/ 9,304 SF'96t //r/, - 0.21 AC OS) Ihi 111 I LOT 29 - a / 9,135 SF / / 0.21AC.19 \ _7/ Imo = III 1�1 4 / �4� 1 , I 11 E 1�4 N•E•1/R13w L / 1 T88N, - III SECTION . 2 ' I ( _\ 1 s� II 1 \ I I I I ) 1 I LOT 28 I LOT 27 MI LOT 26 I MI /LOT 25 i / ?�'I 11,427 SF 8,160 SF 8,084 SF I 7,759 SF 1 7 I 0.26 AC I 0.19 AC I 0.19`AC I k 0.18 AC I N I c• / / t1 . 1I ; u � p 0 I � I LOT 24 / - _ �. ,I I I�IIF_71i L/ - -- -/ / 1 12,64 AC F .1a<i1• l, I I 1 III / / / / I Li 58' i u, ` I • �' . 6 �' 0 71' I�� A�r,�wrlwi�o.uraw.w�s�11uWnw �r•�w_naW�.�%.7AT� 1111'�� 'ram. ' .Thili,� �� _ mWWiliai b a �E1 I OAK HILL, WAYarlifiiireMEMPED�dt i�wwrwuo�ra+w�u�wu���rai������� 1111 I� -AN-1, ,.;, 0 �� / / , • - 011 Iin >k`\ �\ t I 1,0, 1 ' / �rn� ����� I� •� 1 1LOT 58 •�/ \\rn\IR333 I /I 11 11 I ':-`I% 4� 8,712 SF \ \ LOT 54 �����'�� 1 I I I r • u I� (\ I o.2o AC `\ / 8,639 SF M I 1 � I' I k), 917 , 0.20 AC - I 1 I I 1 1 I III 1 r.' I / 1 .:�� �i \\ I LOT 55 I� I LOT 56� I • 1.11 ,LOT 57 / / / 11,925 SF I� I 10,557 SF (r 10,559 SF • / _ I 0.27AC I/0.24AC V 0.24AC I / I / 1 X1 1 1 , I,_ \-1,,,, I 1 I I I /��`9� 1 / 1 � I� -rn �o'I rnlW �°u, rn �I�d' &'9 I° it '- S o/o o �'' 1 4- LOT 15 \ 10,960 SF \ 0.25 AC R250' • 9 - f 1 ,' � � U U `lTpm�ny/� li, I � 1,Y.: Y�J,I'/1 ' rJ. \I ,r. a . e �y �= � 7 I '1_A �ily, 91 F,y 4 'tit �A� 410 /41 �'hl" / °per 1 TOP OF BERM 6' WIDTH, L s./dR - ELEVATION = 955.00 ' 24 1 II C Cr 0) p) ' w /- 1 1 \ \ I I I I I I \\ \\ \ \ Q \ 0. \ a d \ \ wwoI \ \ W = / \ \ \ QQo1 �i I asW / to_1a I I o_,a' I anal I ( 9 2�i< \ 1 1 �o2Q \ --972.� -�ao I (nQWo / zm- t r,�, \ Zm- / I ( F->=m... Q^Q" \ \ ��o\';:1L /W YceZNW// // (1) H Q /7Q�Q \ uQi`n oQ m I< / I I Imo/ J-v/ 1/ I 1 °` I Igk1011`Z ` \I / 970��/'--�� =v�Q / �_ UO� I\ \ III ( I /� E� YO1�� 3y'1 1 1 1 '� ,\ --I oY A \ 1 1co I 1 h �'`i �` g1 1 co o) cn / ,- 9 8 / TRACT E \ \ t \ �, ti / �g 11 2, ZBa'1 1\ \ \ _ _�� 967 \\ ( 0.08 AC LOT 33 / 19,186 SF 0.44 AC EXISTING GRAVEL ACCESS TO BE RELOCATED WITHIN 24' STRIP \ AND PAVED AT 12.5' WIDTH. PAVED ACCESS TO SERVE AS OVERFLOW \ -ROUTE FROM DETENTION BASIN 2 MIN 1.0°/O AND 1.25' DEPTH -(G) �� (G)(OHE)t ) )- - -3 (G)- ac(G) - (F)_--(Q____(F)_ - -OHO) - - - -(3H0) (3H0).- --(3H0}-. (0)___-0)_ - '_(G)_\_ _(0)__ _(0)__ (F)____l _ (0__ _(0________ n) { w,) . (zoo) MA) (zun / +) (zun) --(1H0)- - --(iH0)- - -�7 - - -(14 - - -(OHl- - - -(OHT)\ CY �� gq8' �0,0 ,9h I g i SOUTH WATERLOO - / 1 I ( 1 I I / / CHURCH OF BRETHREN CAVANAUGH, LYNNE A / / 6227 KIMBALL AVE / I / 6205 KIMBALL AVE / / / WATERLOO, IA 50701 / / WATERLOO, IA 50701 I I 1 1 / 1 l \\ / / wd- (z (aHT)- - Z (OHT) 1 � oO) / 0) 00 co I /HARBAUGH, IS RI/ 6145 KIM E , WATERLOO 701 \ 1 1/ IA 50 zw,) / DENN BALL AV I 1 I. \ \ I / I ` }zwo oZ$ wo 9 1 1 I 1 1 }<0 �I07 KIMBALL AVENUE _ca_,si- ce -.'-' co 7.0 l0 w w Y OJT GREIMAN, AMBER M � 70 E ORANGE ROAD C,\ H , w �+ 6101 OO, IA AVE z z .� - WATERLOO, IA 50701 5 \ 1 I WATERLOO, IA 50701 -� p�Q- W w(OQ /---_- \-m°3 IN (-7 \1 1 1 1 I TRACT A 4.24 AC 60' ROW (ziM) (z10) - - 1 REMOVE EXISTING SANITARY \ MANHOLE AND 6" PIPE n) un� / (zun�)/ zr) I (zun> (zw) PLUG END OF PIPE �YHc- - -( HO)- - - f (1H0)- - --H0)- - --(1H0)- - - -(1 0)- - - - 0,) it---((OHT)- - - -(O HF)� = (OHT)- - - ,.,. ,. \ •... •., / - (OHT) � -((OHT)--(OHT)-- oiw / \_--- \ Qwo ---- \� ``3.1° \\ \ \ \ zCenQ �' L>'�TTg��`�111 rtSS 0 o CO m -GREIMAN,-T � VZ LI 2„NA. ��8 ��GREIMAN, DUSTIN L& \ \ 1.0� 2 \� \ I GREIMAN, AMBER M 1 I I I \\ 1 / / / 1 / / SAHINOVIC, EDIN/ - / / / % SAHINOVIC, SACA / / / / \ / / 161 W ORANGE ROAD / / / / WATERLOO, IA 50701 / / / / / 2 / / /r // 78, / / /� -/ J / / / / / / / / / 9 9�0 / / / / // 1 "// ' 9(\ / / / / /- / / JOHNSON, JENNIFER A / / / / 155 W ORANGE ROAD / / (/ 1 i40' / WATERLOO, IA 50701 / ///' 9�'5/ // /I I I TRACT D// // / // /2 / 0.02 AC 984 v / / / /J 85�/ / / // // ,9 / / /-\ i / z / -986, / /_/ g81 / / / ,,988 // /�/7- I k I I LOT 10 l 15,614 SF 1/0 I 0.36AC 1I � �� • O1 �� I I LOT 9, O1 11,957 SF <I7 I I O1 0.27 AC \ \ 1 I \I VI --- LOT 63 10,979 SF N 0.25 AC 11,274 SF\ _ _ �Jn) (Z LM S' EXISTING UTILITY POLE TO BE RELOCATED - LOT 6 \ 11,019 SF 0.25 AC ,- LOT 5-984 11,445 SF/ 0.26 AC 9 �S \ EXISTING 48" TREES TO REMAIN (3 TOTAL) LOT 70/ �o (13,951 SF J rn 0.32 AC / / FRIEDLY ROBERT L / ggg, 145FRIW ORANGE ROAD I I J / WATERLOO, IA 50701 /_990'L I I Ii\ / Yog11 T1ON II / YL�'TT��g� 11�g13w I / ���E121, 16 \ 1 \ I \� / / ECT1.9�- - - \ ` 1 \ \ `, I I,1/ / //\ // / \� 1 I II 1 1 r / r `� 2 /J/ / / / I / / 139 W ORANGE ROAD - / / / 1 \ WATERLOO, IA 50701 1 1 / / I 1\ //�/ 0�� /// // // \ / _ 990/ // / \ � / //.989 / /I1 \// /J / / /- // / / cr -J/ �� - ' / i' / „�7'-J��i-/ / / / ,Q� ••••• '4 -- / / \ I•• // //5/ / C�6(or J l l / / / \-� �°.98q' \ /// / / DROSTE, DANIELLE 3 // / / / 129 W ORANGE ROAD- /// / / /'WATERLOO, IA 50701 / / / / /J l/ /- /,81 '// // / / / /g80 /1 I / / / 1 9�9 I /. .. / / / / 7 / / / / g 78 I 1 1 I 11 1 1 1 // / l 1 I --994 // \ / ) I \ DE WAARD, MARVIN C / / DE WAARD, CHERYL K / J// / 2 ( LOT 2 / 7,310 SF 0.17 AC �I I TRACT B 1.03 AC PROPOSED , DRY BOTTOM IL DETENTION 11 /BA�IN 1 l I1 / r rrr:irr • :.. I J VARIES, 55' MIN __ _ , I I I I I I 10% WIDTH OR 10' MAX SIDE YARD--1 SETBACK (5' MIN) I I I I I RIGHT-OF-WAY LINE ceQ Qm w ce o M i I I 1 APPROXIMATELY 1 70% 1 (MIN 1 U I- w In p , >- OPEN SPACE 60%) I I I o,l ® X' I I SINGLE E! FAMILY I DWELLING 1 1 I r 30' FRONT YARD SETBACK 4' PCC SIDEWALK ■ m Lu Lu LLJ 307+00 o Co ul U Ia 4' PCC SIDEWALK I. TYPICAL R-1, R-P LOT WITH SINGLE FAMILY DWELLING SCALE: 1" = 20' ( 1° ( SMITH, JUSTIN & / '�6 SMITH, JAMES & SMITH, ELIZABETH 9� 116 W ORANGE ROAD, / \ ` - / / -WATERLOO, 50701 7 i 2 C1 1O,' / PO / / 12 '---96 BUCHANAN ANDERS, AMY 110 W ORANGE ROAD WATERLOO, IA 50701 // / l l 1 96 ( / 1 - GRADE SWALE AT MIN 2.6°/o / / ko OPEN CUT KIMBALL AVE ill 1 ' -- - EASEMENT LEGEND @ UTILITY EASEMENT (10' UNLESS OTHERWISE LABELED) 0 STORM SEWER EASEMENT (20' UNLESS OTHERWISE LABELED) 0 DRAINAGE EASEMENT (20' UNLESS OTHERWISE LABELED) e DRAINAGE, STORM SEWER, AND SANITARY SEWER EASEMENT (25' UNLESS OTHERWISE LABELED) 0 PUBLIC DRAINAGE AND PRIVATE STORM SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC SANITARY SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN AND ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) PUBLIC ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) 30 60 90 120 GRAPHIC SCALE IN FEET BORE SANITARY / OPEN CUT KIMBALL AVE Revision Description Revision Number & Date oes EN co 445 I co 02, coco co co www.halleng.com ceLLIK w zo cez ww o 8 cA z u 0 4t 0- . w z Sheet Title: Designed by: JGS Drawn by: Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: 2 of 2 Project Number: 8171-22-7 cri PP03.dwg Date cNi cNi 00 0 0 4-1 cu Skogman\8171 co co 0 0 Page 29 of 340 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 September 15, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as October 6, 2025, to authorize the sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, including a Development Agreement, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Xcel Electric will build an 80' x 50' (4,000 square foot) commercial building on the northern 95' of Lot 4, Greenbelt Centre Plat No. 7. The City will convey the property for $1.00 to the company for the construction of the new building. The business will employ 6 employees and will plan to add more in the future. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the area as the Development Agreement would add an additional business to a developing business park in Waterloo and add more tax base to the City. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 30 of 340 LEGAL DESCRIPTION The northeasterly 110 feet, in even width, of Lot 4, Greenbelt Centre Plat No.7, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. D.A. - Mumic Xcel Electric 2. Titan Trail Dev - Haris Site Plan Page 31 of 340 Prepared By: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (319) 334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of this day of , 2025, by and between ("Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct structures and related improvements on real property located in the Urban Renewal Area and legally described in Exhibit A. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. Page 32 of 340 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 ("Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements sending the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct or develop a 80' by 50' (4,000 sq. ft.) commercial building as well as related landscaping, storm water control, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City's review and reasonable approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed, including but not limited to final permit inspections. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Improvements" or "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City Page 33 of 340 shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide construction to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City, provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to Commence and Complete. Company must obtain a building permit and begin construction of the Improvements within six (6) months after the date of conveyance (the "Start Date") and Substantially Complete construction within fourteen (14) months after the date of conveyance (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required Page 34 of 340 to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require consent of the City Council. B. Events Triggering Termination and/or Reverter of Title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of extreme weather such as ice, ground freezing, and other conditions that restrict construction, as well as an Act of God, war, civil disturbance, court order, labor dispute, fire, pandemic, governmental mandates (local, state or federal), delays in City approvals, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement, 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 reimbursement of any sums paid to or for the benefit of Company in connection with the Project, in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, or in the event that City terminates this Agreement due to a default of Company, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. In connection with any reverter of title, Company shall not be entitled to, or otherwise recover any amounts paid to City to acquire the Property or other amounts it expended for the Improvements or Project. 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, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. The Page 35 of 340 foregoing indemnity shall include the cost of removing any Improvements constructed by Company and restoring the Property to substantially the same condition as of the date of conveyance, but shall not include any consequential damages or perceived damages such as lost opportunities for another user. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to, reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the 1"MAA"') attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable value for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $260,000.00 (the "Minimum Actual Value"), through: (a) Willful destruction of the Property, the Improvements, or any part of either; (b) a request to the Assessor of Black Hawk County; or (c) any proceedings, whether legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 9. Additional Covenants of Company. In to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities Page 36 of 340 of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. However, in no event shall Company be required to submit a report more frequently than once every thirty (30) day period. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Until the MAA termination date, Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or Page 37 of 340 to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 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 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 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 Page 38 of 340 questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any Willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and conditions of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or Project area, all of which must be completed within 90 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 90-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such Page 39 of 340 restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Transfer; No Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer this Agreement or its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without written approval and consent by City Council. Notwithstanding the foregoing, the Community Planning and Development Director may provide written approval and consent to an Assignment of this Agreement without written approval and consent by City Council provided that (i) the assignee is an affiliate of Company or an entity with substantially similar ownership or management of Company; (ii) the assignee executes a written instrument approved by the Community Planning and Development Director in which the assignee agrees to assume the obligations of Company under this Agreement and agrees to be bound by each and every term of this Agreement in its entirety as though it was an original party to this Agreement. 15. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City except as security for financing of Improvements or the Project; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. Page 40 of 340 F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 16. 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. 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. 17. 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. 18. 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 Page 41 of 340 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. 19. 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. 20. Notices. Notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, and addressed: (a) If to City, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) If to Company, Haris Mumic, 1142 Columbus Drive, Waterloo Iowa 50701 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. 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. 22. 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. 23. 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 Page 42 of 340 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. 24. 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. 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. 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. 29. 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 set forth above. [signatures on next page] Page 43 of 340 CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Haris Mumic Attest: Title: Kelley Felchle, City Clerk Page 44 of 340 EXHIBIT A Description THE NORTHEASTERLY 110 FEET, IN EVEN WIDTH, OF LOT 4, GREENBELT CENTRE PLAT NO. 7, CITY OF WATERLOO, IOWA Page 45 of 340 EXHIBIT B MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2025, and among the CITY OF WATERLOO, IOWA ("City") and ("Company"), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, IOWA ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within Martin Road Development Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $260,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2026, the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2032. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Page 46 of 340 Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code§ 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or Page 47 of 340 (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date det forth above. [signatures on next page] Page 48 of 340 CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Haris Mumic Attest: Title: Kelley Felchle, City Clerk STATE OF IOWA ss. COUNTY OF BLACK HAWK On this day of , 2025, before me, a notary public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn ho being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF COUNTY OF ) ss. Notary Public Subscribed and sworn before me on , by Haris Mumic as (title) of (Company). Notary Public Page 49 of 340 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Two hundred and sixty thousand and 00/ 100 Dollars ($260,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black Hawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 50 of 340 Esri Community PGlaps Contributors, Iowa DNR, © OpenStreetMap, Micrq�oft, Esri, TomTory'Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, SGS, EPA, NPS, VS Census Bureau, USDA, USFWS, Sources: Esri, Maxar, rrbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NOS, NMA, GeodatagEyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Interma and the GIS er community Titan Trail Development D....c F1 nf'2nn CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as October 6, 2025, to approve a rezone request by Midwest Development Company on behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct seventy homes located south of Orange Road and west of Kimball Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" One and Two Family Residence District to "R-1,R-P" Planned Residence District. The zoning ordinance states that "The "R-P" District is intended to provide a means for the development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single -lot method. It is the intent of this Section that the basic principles of good land use planning be maintained and that sound zoning standards, as set forth in this Ordinance, concerning population density, adequate light and air, recreation, open space, and building, be preserved." The site in question was home to the former Orange School, which opened in 1915. It closed after the 2012-2013 school year and was replaced by the new Orange Elementary School located to the northeast. The applicants are requesting the rezone and a separate Preliminary Plat to construct a 70-lot residential subdivision. The lots will have a range between 6,950 square feet (0.16 acres) to 19,186 square feet (.44 acres). The average lot size is 10,815 square feet (0.25 acres). The base "R-1" District has a minimum lot size of 9,000 square feet. 53 of the 70 lots (75%) are larger than 9,000 square feet. Rezoning to the "R-1,R-P" Planned Residence District allows the applicant to situate the lots to fully utilize the land. The lots have a width that is a minimum of 55 feet at the setback distance. For comparison, the nearby Paradise Estates has the width of lots ranging from 50 feet to 160 feet, with an average of 90.5 feet. Paradise Estates also has an average lot size of 18,295 square feet (0.42 acres), with their smaller lots being 10,454 square feet (0.24 acres). The existing residential lots in the area range in size from 0.33 acres to 1.29 acres, with the average lot size being 0.58 acres, however, are primarily developed with ranch or split -foyer home designs, which typically require larger lot sizes and lot widths. According to the United States Census Bureau, 59% of new single-family houses completed in 2024 were on lots that are 8,999 square feet or less. This shows that having lots smaller than 9,000 square Page 52 of 340 feet is not abnormal across the nation, and only 25% of the proposed lots in this development are smaller than 9,000 square feet. The applicant will have 5 tracts in addition to the 70 buildable lots. The applicant will be dedicating Tract A (4.24 acres) to the City as public right-of-way for streets and sidewalks. The street right-of- way is 60' wide. The sidewalks that will be built along all of the streets, including the portions of West Orange Road and Kimball Avenue that border the plat, and will be 4 feet wide. Tracts B and C (2.53 acres collectively) will be privately owned and maintained. They will be used for detention basins for open space and stormwater management. Tract D (0.02 acres) is anticipated to be deeded to the property owner at 155 W. Orange Road. Tract E (0.08 acres) is anticipated to be deeded to the property owner at 6114 Kimball Avenue. There is no commercial use planned for this site. Commercial uses are not allowed in the "R-1,R-P" District, so no commercial uses could go in the development. The Zoning Ordinance requires that the maximum number of dwelling units permitted in the "R-P" District is determined by dividing the net development area by the minimum lot area of the zoning district the development is located in, in this case the R-1 District, and multiplying by 125%. For this development, the net development area is 20.03 acres. The maximum number of dwellings allowed would be 121 dwelling units. The proposed development is well under this maximum by only proposing to build 70 single-family homes. The Preliminary Plat shows that the lots will be built to the setback requirements for the R-1 District. Rezoning to the "R-1,R-P" Planned Residence District allows the applicant to situate the lots to fully utilize the land and the available street frontage. The flexibility with the "R-1,R-P" allows the developer to offer a variety of lot sizes while ensuring the development is aesthetically pleasing and will blend in with existing development in the area. NEIGHBORHOOD IMPACT The proposed rezone would not appear to have a negative impact on the surrounding neighborhood and land use. Although the lots are a little smaller than many in this area, they are very typical of newer subdivisions, including the new Paradise Estates Subdivision being built around the new Orange School site just northeast of the proposed development. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programing and Zoning Commission on August 12, 2025 and notice was sent to property owners within 250 feet. The Commission recommended approval of the request on a 4-2 vote. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 Page 53 of 340 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 Y2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38'/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point Page 54 of 340 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. ATTACHMENTS 1 Staff Report -Orange School Rezone - R1 to R1 RP 2. Overview Map - Old Orange School 3. Aerial Map - Old Orange School 4. 8171-22-7 REVISED REZONE EXHIBIT -Highland Meadows 5. 8171-22-7 Highland Meadows Site Plan Page 55 of 340 August 12, 2025 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Midwest Development Co. on behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct 70 homes located south of Orange Road and west of Kimball Avenue. Midwest Development Co., 417 First Avenue SE, Cedar Rapids, Iowa, 52401. The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District in order to construct a new residential housing project. The proposed rezone would not appear to have a negative impact on the surrounding neighborhood and land use. Although the lots are a little smaller than many in this area, they are very typical of newer subdivisions, including the new Paradise Estates Subdivision being built around the new Orange School site just northeast of the proposed development. West Orange Road and Kimball Avenue, both of which are classified as Collectors, serve the site in question. Neither Kimball Avenue nor West Orange Road currently have sidewalks, although the Preliminary Plat is showing that sidewalks will be installed along the length of West Orange Road and Kimball Avenue that are along the portions of the proposed preliminary plat area. If existing homeowners would want further sidewalks on their properties, that would be explored outside of this project. There are no trails in the immediate vicinity. The proposed rezoning area is currently zoned "R-1" One and Two Family Residence District and has been zoned as such since the adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning designations: North — West Orange Road and Residential zoned "R-1" One and Two Family Residence District South — Agricultural land and residences zoned "R-1" One and Two Family Residence District. East — Residential, Kimball Avenue, agricultural land, and a religious facility zoned "R-1" One and Two Family Residence District and "A-1" Agricultural District. West — Residences and Agricultural Land zoned "R-1" One and Two Family Residence District. R-1 to R-1,R-P Midwest Development Co. Page 56 of 340 August 12, 2025 ORANGE I'i: i lio u�41rd[I all c.LlaIi r11111411, p„ INCJ/�J�, lrU cn4lir0cw: isut cl:teG `44W rs:cUwltrOkalwar o w01 � ts0Er �rrn m�m�ari DEVELOPMENT HISTORY: The surrounding residences were primarily built between 1910 and 1977 and a religious facility built in 1913. BUFFERS/ No buffering or screening will be required as the proposed residential SCREENING: development would be abutting existing residential development. DRAINAGE: A drainage and SWWPP plan will need to be submitted as part of the platting process. The Preliminary plat does show a proposed detention facility. FLOODPLAIN: The area is not in a special flood hazard area as established by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Community number 190025 and Panel Number 0311G dated May 8, 2024. R-1 to R-1,R-P Midwest Development Co. Page 57 of 340 August 12, 2025 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: Orange Elementary School is located 1,000 feet to the northeast. Orange was built with two public play areas and basketball courts. There are no other schools in the immediate vicinity, as this is the former Orange Elementary School site. Lichty Park is located approximately 1,300 feet to the northwest, and is 11.5 acres. There are 8" sanitary sewer lines in both West Orange Road and Kimball Avenue. There is a 12" water main line running along both Kimball Avenue and West Orange Road. There are overhead electric lines along the west side of Kimball Avenue and the north side of West Orange Road. The Future Land Use Map designates this area as "Low Density Residential." This request is in conformance with the Future Land Use Map and Comprehensive Plan. The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" to "R-1, R-P". The zoning ordinance states that "The "R-P" District is intended to provide a means for the development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of this Section that the basic principles of good land use planning be maintained and that sound zoning standards, as set forth in this Ordinance, concerning population density, adequate light and air, recreation, open space, and building, be preserved." The site in question was home to the former Orange School, which opened in 1915. It closed after the 2012-2013 school year and was replaced by the new Orange Elementary School located to the northeast. The applicants are requesting the rezone and a separate Preliminary Plat to construct a 70-lot residential subdivision. The lots will have a range between 6,950 square feet (0.16 acres) to 19,186 square feet (.44 acres). The average lot size is 10,815 square feet (0.25 acres). The base "R-1" District has a minimum lot size of 9,000 square feet. 53 of the 70 lots (75%) are larger than 9,000 square feet. Rezoning to the "R-1, R-P" District allows the applicant to situate the lots to fully utilize the land. The lots have a width that is a minimum of 55 feet at the setback distance. For comparison, the nearby Paradise Estates has the width of lots ranging from 50 feet to 160 feet, with an average of 90.5 feet. Paradise Estates also has an average lot size of 18,295 square feet (0.42 acres), with their smaller lots being 10,454 square feet (0.24 acres). The existing residential lots in the area range in size from 0.33 acres to 1.29 acres, with the average lot size being 0.58 acres, however, are primarily developed with ranch or split -foyer home designs, which typically require larger lot sizes and lot widths. According to the United States Census Bureau, 59% of new single-family houses completed in 2024 were on lots that are 8,999 square feet or less. R-1 to R-1,R-P Midwest Development Co. Page 58 of 340 August 12, 2025 TECH REVIEW STAFF ANALYSIS — SUBDIVISION ORDINANCE: This shows that having lots smaller than 9,000 square feet is not abnormal across the nation, and only 25% of the proposed lots in this development are smaller than 9,000 square feet. The applicant will have 5 tracts in addition to the 70 buildable lots. The applicant will be dedicating Tract A (4.24 acres) to the City as public right-of-way for streets and sidewalks. The street right-of-way is 60' wide. The sidewalks that will be built along all of the streets, including the portions of West Orange Road and Kimball Avenue that border the area, and will be 4 feet wide. Tracts B and C (2.53 acres collectively) will be privately owned and maintained. They will be used for detention basins for open space and stormwater management. Tract D (0.02 acres) is anticipated to be deeded to the property owner at 155 W. Orange Road. Tract E (0.08 acres) is anticipated to be deeded to the property owner at 6114 Kimball Avenue. There is no commercial use planned for this site. Commercial uses are not allowed in the "R-1, R-P" District, so no commercial uses could go in the development. The Zoning Ordinance requires that the maximum number of dwelling units permitted in the "R-P" District is determined by dividing the net development area by the minimum lot area of the zoning district the development is located in, in this case the R-1 District, and multiplying by 125%. For this development, the net development area is 20.03 acres. The maximum number of dwellings allowed would be 121 dwelling units. The proposed development is well under this maximum by only proposing to build 70 single-family homes. The Preliminary Plat shows that the lots will be built to the setback requirements for the R-1 District. Rezoning to the "R-1, R-P" District allows the applicant to situate the lots to fully utilize the land the available street frontage. The flexibility with the "R-1, R-P" District allows the developer to offer a variety of lot sizes while ensuring the development is aesthetically pleasing and will blend in with existing development in the area. In the Technical Review Committee meeting, the applicant's asked some clarifying questions about the rezone and plat, but no concerns or comments were expressed by City Departments. The property will be platted under a separate request. R-1 to R-1,R-P Midwest Development Co. Page 59 of 340 August 12, 2025 Picture 1: Looking north toward Orange Road. Picture 2: Looking west from the east end of the property. R-1 to R-1,R-P Midwest Development Co. Page 60 of 340 August 12, 2025 Picture 3: Looking southwest toward back of Kimball Avenue properties. Picture 4: Looking north from the southern end of the property. R-1 to R-1,R-P Midwest Development Co. Page 61 of 340 August 12, 2025 STAFF Therefore, staff recommends the request by Midwest Development Co. on RECOMMENDATION: behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct 70 homes located south of Orange Road and west of Kimball Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area as it would qualify as infill development by going on a site with existing infrastructure in place on borders. 2. The request will create new infill lots in a developed part of the city, as this is a former school site. 3. The request is in conformance with the Comprehensive Plan and Future Land Use Map, which shows this area as low -density residential. 4. The request is in conformance with the 2030 Vision Plan, which emphasizes new housing opportunities and development in the City of Waterloo. Skogman Homes has been a leading homebuilder in Waterloo for a number of years in terms of units being built. At over $300,000 per home anticipated, this represents a $21 million+ investment in the community to work and help grow the tax base, add to the population, and grow Waterloo as a community, in close proximity to a newer school for additional students as well. And subject to the following conditions: 1. That the property be limited to single family homes. 2. That the final site plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. R-1 to R-1,R-P Midwest Development Co. Page 62 of 340 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 A-1 W ORANGE RD W � SIDEHILL= DR 11 LICHTY BLVD R-1= L� BLAINE RD E ORANGE RD West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development r)...... C) ..f 'D A 4 s City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 GRACE DR W.ORANGE RD Area to be rezoned SCHOOL') Sourges: Esri, TomTom, Garmin, FAC conrm u — BLAINE RD E ORANGE RD NOAA, USGS, © OpenStreetMap �r the GIS User Community West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development Co Pnnr- G:4 of Z4 w _ t 'J s i 881321226002 EDIN SAHINOVIC 161 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 881321201013 DANA L. AND DEBBIE S. MESSERLY REV. TRUST ZONE R-1 CLASS: AGRICULTURE z0 a MOa N ozI.J �a = 1 Q z -)Q ( ) O aoz�NN cozo a 881321226026 ROBERT L. FRIEDLY 145 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 1 a F 881321226028 MARVIN C. DE WAARD 139 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL ORANGE ROAD • \D( I EXHIBIT REZONING PART OF THE N.E.1/4-N.E.1/4, SECTION 21, T88N, R13W WATERLOO, BLACK HAWK COUNTY, IOWA 881321226027 DANIELLE J. DROSTE 129 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXISTING ZONE (R-1) ONE AND TWO FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING (R-1, R-P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY • 881321226017 JOHN M. KOCH —ir 6114 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL • 881321226018 JUDY L. AND GARY J. SADLER 6122 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL TIMOTHY 19 881321ANNOESLEY SVR��� 6132 KIMBALL AVE, OF 00N\ ZONE R-1 P0P CLASS: RESIDENTIAL `LO •-- 881321226020 MARGARET A. ROUSSELOW 6142 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226021 JOSEPH P. MC GOVERN 0`-'• 0g 6150 KIMBALL AVE. 00� I tk2 ZONE R-1 OQPGE CLASS: RESIDENTIAL 881321251007 JULIA K. AND JOHN W. MILLER TRUST 145 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276001 SADLER & SONS LLC 150, 152 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276002 KEVIN D. AND DIANE E. SITTIG 140 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 881321226022 TIMOTHY R. EVERETT 6204 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226023 LUCAS J. AND STEPHANIE N. SCARBROUGH 6220 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL OF o$c�tk2� P- �00� 0 8813221276003 JARED S. AND SCOTT M. HOTTLE 124, 126 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276004 BLAIR E. BOYNTON 6236 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL KIMBALL AVENUE 881321226025 CITY OF WATERLOO W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 000 0 50 100 150 200 GRAPHIC SCALE IN FEET SCALE: 1"=100' REQUESTER: MIDWEST DEVELOPMENT, LLC OWNER: CITY OF WATERLOO, IOWA COMPANY: HALL & HALL ENGINEERS, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 EXISTING ZONING AND REQUIREMENTS: (R-1) RESIDENTIAL DISTRICT FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: 9,000 SQ.FT. MINIMUM LOT WIDTH: 75' MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: 35% SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT, PROPOSED ZONING AND REQUIREMENTS: (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: REDUCED FROM R-1 MINIMUM MINIMUM LOT WIDTH: REDUCED FROM R-1 MINIMUM MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: INCRESSED FROM R-1 MINIMUM SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT, LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, Iowa, except Parcel '8" of Plot of Survey Doc, #2006-17037, and also except the East 16 rods of the South 38 / rods thereof, and also except that port described as: Commencing at a point on the East line of said Section that is 38 '/ rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East of right angles 216.5 feet to the place of beginning; And also except that port lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those ports of the North One—Holf of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, lowo described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Block Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that port thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 20077008542 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. CITY OF JATERLO COrnMuntryof Opporm . INCLUDE PARCEL B PLAT OF SURVEY Revision Descrip ion N c\ ‘71- Revision Number & Dote Sheet Title: M z 00 DO H N 0 U p Ww• H W O laq Designed by DLK Drown by: DLK Checked by Date: 6/18/2024 Field Book No: SKO 21 Scale: 1 "=100' Sheet: 1 of 1 Project Number: 8171-22-7 Aug 04, 2025 — 11:12om Plotted By : CAD File: I:\projects\8100\8171-22—Skogmon\8171-22-7 Oronge Rood, Woterloo\DWG\Plats\8171-22-7 REZONE EXHIBIT 3D2024.dwg Dote Plotted Page 65 of 340 UTILITY LEGEND -EXISTING (5S8) ( S T 1 5 ) (FM6) (W8) - - -(G)- - - -(G) - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F)- - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - - _ 800 - m ® OR p 0l 171 ®GV SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT SITE PLAN FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR 1I ol1 lor /aL4JL_ 0 OR ® 460 SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. LOCATION MAP (1„=700') J to to w a J a S W SIDEHILL DR LICHTY BLVD PROJECT LOCATION E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 20077008542 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. SHEET INDEX 1. COVER 2. SITE PLAN TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: PROPOSED: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: TRACTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING TRACTS): DENSITY: 70 LOTS (LOTS 1-70) 70 LOTS 5 TRACTS 70 UNITS 24.27 ACRES 17.66 ACRES 2.88 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS INTERIOR LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED INTERIOR LOTS FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 CORNER LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 INTERIOR SIDE 5 CORNER SIDE 15 REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK WAY LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL WAY LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 08/04/2025 Date Revised `1�°�rFRioo IOWA Contrnaffifly of Opprortimi Cy Revision Description Revision Number & Date w z 0 1- Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: HALL AND HALL PROJECT NUMBER: 8171-22-7 1 of 2 Project Number: 8171-22-7 Page 66 of 340 \ OVERFLOW ELEVATION EXISTING 12" CULVERT TO REMAIN EXISTING CEMETERY ACCESS TO REMAIN .-H �, zw0�o zQ LU Y0zO IE-NLU w 71 BASIN SPILLWAY, 35' WIDTH ELEVATION = 954.00 EXISTING 24" CULVERT TO BE REMOVED SWALE #2 GRADE SWALE AT MIN 1.5% 6' BOTTOM WIDTH, 0.5' DEPTH \ 1 1 \ \ I UNNErVED TpOR NTIRO 1/1a13 ISECTION/ 2' MESSERLY DANA L REV TRUST MESSERLY, DEBBIE S REV TRUST, 2135 W GRACE ST OLATHE, KS 66061 1 / =y =7 1 I 1 u . / / / / - / -- 1 II �1\ �,° o°`�///� / �/ �= , (3 �) 0c, �� vs) 'LOT 38 4 1 / c (p 4)(:)/ 18,425 SF I I. F I� p(0 �� 0.42 AC .\V �� ,z:z ;4 I a, / / I�,/i*�� 11I/ 1 .0 / 1 I LOT 39 III 114,487 SF rn I 0.33 AC 1/ I II I TOP OF BERM TOa DIRECT DRAINAGE TOWARDS KIMBALL AVE 2' WIDTH (TYP.) TO BE RELOCATED 7 T T)- �- -(GHn- Bonn- - - -(�--- 4 cc cn tn 0 >- cc U W W W U LOT 37 11,942 SF ( 0.227 AC LOT 41 16,718 SF SWALE CREST `06, 0.38 AC Ir - \ �\ -.- -- -<- -c,�-- - - -I N PORTION OF ACCESS ON z LOT 50 TO BE REMOVED _ 96I -._,, 62' 62 - - LOT 49 0 9,299 SF 0.21 AC TURNAROUND PER FIRE CODE 1.50AC PROPOSED DRY BOTTOM DETENTION BASIN 2 PORTION OF ACCESS ON TRACT C TO BE REMOVED LOT 36 9,408 SF 0.22 AC \� \`lam lam- 966-- // �4 - 967- -, / SWALE #3 �� GRADE SWALE AT MIN 2.0% 12/ 7-- 6' BOTTOM WIDTH, 0.75' DEPTH S / // // // - // 51' 1 �' 00 LOT 51 7,658 SF 1~ 4- 0.18 AC _ 0.22 AC 963.73 965.95 TURNAROUND PER FIRE CODE CENTERED ON LOT LINE 12,562 0.29 LOT 32 \\ 68 14,053 SF \ 0.32 AC \ OVERFLOW 62> ELEVATION 9 1" \ \ s LOT 30 \ �/ 9,304 SF'96t //r/, - 0.21 AC //i() - I 111 I LOT 29 - a / 9,135 SF / / 0.21AC \ : � - - _ a, _7/ Imo = III I�1 4 / �4� 1 , I i N E 1�4 N•E•1/R13w L / 1 T88N, - III SECTION . 2 ' 1 ( _\ 1 s� II I ; I I I I ) 1 1 LOT 28 I LOT 27 MI LOT 26 I MI /LOT 25 / 11,427 SF 8,160 SF 8,084 SF I 7,759 SF I I I ` 0.26 AC I 0.19 AC 1 0`19 AC 1 0.18 A I 1 � a� u- Oi / . / I / [LOT / / t1 u�� L / 24 _ -- ,I I I■► I�IIF?711 / - -- -I / / 0.29 AC•� ;; . // _ I I I III / / 1 L a�� �1- Hoy � � - Li 1 8 �7 - 1. 11, I • ^ �. , I 6,' .0 71' ���- ICIMEW I OAK HILL, WAYarigoremnrawirg m �dt i�wwrwu.u�ra+w�u�wuai������� ANIFEMINWir _ 0 747-.4 •1111 / / �, -L-)- al. I o I1 / ° �' I� �■►� .� ' LOT 58 •\ / I /I I 1 I I ': - ` I% ., 4 8,712 SF LOT 54 ���'�� 1 I I I _,• a .12 /ti 1 0.20 AC `\ 0 / 8,639 SF M I I 1 A1' I 4�. 911 ' 0.20 AC - I I I I I I I III Jr. I 0� / I LOT 55 I� I LOT 56� I • II ,LOT 57 / / 11,925 SF I� I 10,557 SF I I r 10,559 SF • / _ I 0.27AC I/0.24AC V 0.24 AC I / I / I Xl 11,' 1,g \-1,,,, I1 I 1 1 / 1 � `9 �� / 1 � ' I cc0 - rn �o'I kg, U3 � ou+ rn � I mod' �`9 I ° i t 1- S o/o o �`' 4- LOT 15 \ 10,960 SF \ 0.25 AC R250' • 9 - f 1 ' U `lTpm�ny/� II, I � 1,Y: Y�J,I/1 ' rJ. \I ,r. a . �y �= � 7 I '1_A sidily, 4 'il A 410 /hI '41" / _ per 1 TOP OF BERM 6' WIDTH •C L s•/dR __ ELEVATION = 955.00 ' 24 1 II C Cr 0) p) ' w Q 1 1 \ \ I I 1 1 1 1 \\ \\ \ \ Q \ Am 1I�i I L/II asW \0. \ a d \ o1 \ awQol / 1o_1a I I O_,Q I a2al I ( 9 2�i< \ 1 1 �o2Q \ 972-as -�ao I (nQWo / zm- 1 r,�, \ Zm- / I ( F->=m... Q^Q" \ „ ��o\';:1L /W Y�'ZNW// // a) HQ /7Q�Q \ �uQi`n oQ// 11 \ I\\` m I< / I I I/ J-v/ 1/ I 1 °` I Igk1011`Z ` \1 / 970��/'--�� =v�Q / �_ UO� I\ \ III ( I /� E� YO1�� 3y'1 1 1 1 '� �\ --I oY A \ 1 I I 1 h vp'Z� �` g1 1 Lo o, cn / ,- 9 8 / TRACT E \ \ I \ ti / �g 11 21, ZBa' \ \ \ _ _�� 967 \\ ( 0.08 AC LOT 33 / 19,186 SF 0.44 AC EXISTING GRAVEL ACCESS TO BE RELOCATED WITHIN 24' STRIP \ AND PAVED AT 12.5' WIDTH. PAVED ACCESS TO SERVE AS OVERFLOW \ -ROUTE FROM DETENTION BASIN 2 MIN 1.0% AND 1.25' DEPTH -(G) �� (G)(OHE)- - t - -)- - -3- (G)- ac(G) ) - ((F)(F) - -OHO) - - - -(3H0) (3H0).- --(3HO)" _(G)- - - - -0)_ - '-(G)-\- -(G)- _ -(0)- _ (0__ _(0________ n) { w,) . (zon) .-(Zw,) (zun / +) (zun) / / --(1H0)- - --0.H0)- - -�7 - - -(1H04 - - -(OHI- - - -(OHT)\ �� gq8' �0,0 ,9h I g i SOUTH WATERLOO - / 1 I ( 1 I I / / CHURCH OF BRETHREN CAVANAUGH, LYNNE A / / 6227 KIMBALL AVE / I / 6205 KIMBALL AVE / / WATERLOO, IA 50701 / / WATERLOO, IA 50701 - I I I 1 / I l \\ / / w,d- (z (OHT)- - -1ORT). 1(OHT) 1 10o10 CO 10 00 I /HARBAUGH,DENNIS R1/ 6145 KIMAVE // WATERLOO 701 \ / 11 zw,) 41D / DENN BALL AV IA 50 I 1 1. \ \ I / I ` }zwo oZ$ wo e l 1 I 1 1 >-< \ \ �1 --( 0)- (� a�-( �I07 / ) KIMBALL AVENUE TRACT A 4.24 AC 60' ROW (ziM) (z10) \ L_ LOT 64 10,823 SF 0.25 AC REMOVE EXISTING SANITARY \ MANHOLE AND 6" PIPE n) Im� (zun�)/ zr) I (zun> (zw) PLUG END OF PIPE �YHc- - -( HO)- - - f (LHO)- J-11H0)- - --(1HO)- - - -UAW- - - - o). ---((OHT)- - - -(O HF)� =SOH))- - _ ,.,. , \ •..•.., / - -(OHT) � �(OHT)--(OHT)-- oiw / \_--- - T • Qwo ---- �� ``3.1° \\ \ \ \ Waao ( -- YOg LCD zCenQ �' L>'���g��`�111 rtSS 0 o ▪ m m -GREIMAN,-T � VZ LI 2„ ��8 ��GREIMAN, DUSTIN L& \ \ 04 2 \� \ \ GREIMAN, AMBER M I I I I \\ I / / / 1 / / SAHINOVIC, EDIN/ - / / / % SAHINOVIC, SACA / / / / \ / / 161 W ORANGE ROAD / / / / WATERLOO, IA 50701 / / / / / / / / j // �8, / / /� �/ J / / / / / / / / / / 9 9�0 / / / / ////"/ / 1 � //7 9(\ / / / / / - / 7 JOHNSON, JENNIFER A / / / / 155 W ORANGE ROAD / / I/ 1 i40' / WATERLOO, IA 50701 / 7 7 7 9�'5' / / /1 I I TRACT D// / // /� / 0.02 AC 984 / / / / / 7 /J 85�/ // // // i / / / g81 / / / ,,988 // /�//, ff7, AO 7 I I ' itI ( I LOT 10 l 15,614 SF �1/0 I 0.36AC. 1 ��� I �_� • O1 �� I I LOT 9, O1 11,957 SF O1 0.27 AC \ I \ I I \I \.--- LOT 63 10,979 SF N 0.25AC / / FRIEDLY ROBERT L /• 98' 145IW ORANGE ROAD I I J / WATERLOO, IA 50701 �_990' -IL I I Ii\ / Yog11 �1O� II / Yv�'T���g� 11�g13w I / ���E121, 16 \ 11 \ I \� / / SEC�1��- - - \ ` 1 \ \ \III,1/ / //\ // / \ 1 I II 1 1 r `� 2 7 - / / _/ / 10 1 LOT 6 \ 11,019 SF 0.25 AC ,- LOT 5-984 11,445 SF/ 0.26 AC 9 \ EXISTING 48" TREES TO REMAIN (3 TOTAL) LOT 70/ co (13,951 SF J rn 0.32 AC 11,274 SF\ w w Y OJT GREIMAN, AMBER M 70 E ORANGE ROAD C,1 ,) w �+ 6101 OO, IA AVE z ▪ z .� - WATERLOO, IA 50701 5 I I WATERLOO, IA 50701 )L - -(0) - - -(0�� -( - �Jn) (z LM S; EXISTING UTILITY POLE TO BE RELOCATED - L / 139 W ORANGE ROAD - / / / I \ WATERLOO, IA 50701 I 1 / / I 1\ //�/ 0°) /// // // \ / _ / 990/ // / \ � / //.989 / /9// \// /J / / ,- // / / cr -J/ �� - ' / i' / „--7' n� -J ��i-/ / / / ,Q� "* - / / \ I•• // //5/ / ��6(Or J l l / / / \-� �°., 4, \ /// / / DROSTE, DANIELLE J // / / / 129 W ORANGE ROAD- /// / / /'WATERLOO, IA 50701 / / / / /Jl//- /g81'// // / / / , 7g80 /1I / / / 1 9'19 I /. .. / / / / 7 / / / / g 78 1 I / I 1 1 I 1 1 1 1 1 // / l 1 I --994 // \/ ) I \ DE WAARD, MARVIN C / / DE WAARD, CHERYL K / J// / / LOT 2 / 7,310 SF 0.17 AC �I 1 TRACT B 1.03 AC PROPOSED /�DRY BOTTOM IL DETENTION 11 /BA�IN 1 II r rrr:irr • :.. 7 J VARIES, 55' MIN __ _ , I I I 1 I I 10% WIDTH OR 10' MAX SIDE YARD-..-.1 SETBACK (5' MIN) I I I I I RIGHT-OF-WAY LINE ceQ Qm w (Y o M i I I 1 APPROXIMATELY 1 70% 1 (MIN 1 U I- w In p , >- OPEN SPACE 60%) I I I cil ® X' I I SINGLE E! FAMILY I DWELLING 1 1 1 r 30' FRONT YARD SETBACK 4' PCC SIDEWALK ■ m Lu Lu LLJ 307+00 o U Ia 4' PCC SIDEWALK I. TYPICAL R-1, R-P LOT WITH SINGLE FAMILY DWELLING SCALE: 1" = 20' ( 1° Z 3� 1 / 9 SMITH, JUSTIN & / '6 SMITH, JAMES & / SMITH, ELIZABETH 9� 116 W ORANGE ROAD, / -WATERLOO, IA 50701 7 ✓� j/�--- � j_g66 i 2 C1 1O,' / PO I / / i2 /'---96 BUCHANAN ANDERS, AMY WATERLOO, IA 50701 4�/, 1 1 96 ( / 1 - GRADE SWALE AT MIN 2.6°/o -00 co / / ( OPEN CUT KIMBALL AVE 111111 II/1 it I - - EASEMENT LEGEND @ UTILITY EASEMENT (10' UNLESS OTHERWISE LABELED) 0 STORM SEWER EASEMENT (20' UNLESS OTHERWISE LABELED) 0 DRAINAGE EASEMENT (20' UNLESS OTHERWISE LABELED) e DRAINAGE, STORM SEWER, AND SANITARY SEWER EASEMENT (25' UNLESS OTHERWISE LABELED) 0 PUBLIC DRAINAGE AND PRIVATE STORM SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC SANITARY SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN AND ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) PUBLIC ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) 30 60 90 120 GRAPHIC SCALE IN FEET BORE SANITARY / OPEN CUT KIMBALL AVE Revision Description Revision Number & Date CS oes (13 I co 02, wco cnco co www.halleng.com ceLLIK w Oa • • z o 8 cA z u 0 4t 0- . w z Sheet Title: Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: 2 of 2 Project Number: 8171-22-7 PP03.dwg Date 00 CO 0 0 4-1 co cu Skogman\8171 co co 0 0 Page 67 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution approving a Title VI Non -Discrimination Agreement with the Iowa Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Agreement that assures that the City's Title VI program is conducted in compliance with all requirements. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City of Waterloo Title VI Nondiscrimination Agreement Page 68 of 340 Page 69 of 340 Please wait... If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries. Page 70 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution approving a Standard Title VI/Non-Discrimination Assurances agreement with the United States Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Regulations that must be complied with as a condition of receiving any Federal financial assistance from the US DOT through the Federal Highway Administration (FHWA). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 71 of 340 1. City of Waterloo Standard Assurances Page 72 of 340 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The City of Waterloo (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the United States Department of Transportation (DOT), through the Federal Highway Administration (FHWA), is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally -Assisted Programs Of The Department Of Transportation Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity," for which the Recipient receives Federal financial assistance from DOT, including the FHWA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973) by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Federal Highway Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. Page 73 of 340 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Waterloo , in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §' 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal Page 74 of 340 financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, City of Waterloo also agrees to comply (and require any sub - recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to FHWA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. City of Waterloo gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Program. This ASSURANCE is binding on Iowa, other recipients, sub -recipients, sub - grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal Highway Program. The person (s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Waterloo (Name of Recipient) by (Signature of Authorized Official) DATED Page 75 of 340 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 76 of 340 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the Department of Transportation as authorized by law and upon the condition that the City of Waterloo will accept title to the lands and maintain the project constructed thereon in accordance with laws of the state of Iowa, the Regulations for the Administration of Federal Highway Program, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d- 4), does hereby remise, release, quitclaim and convey unto the City of Waterloo all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Waterloo and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Waterloo , its successors and assigns. The City of Waterloo , in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Waterloo will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) Page 77 of 340 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Waterloo pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Waterloo will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Waterloo will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Waterloo and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 78 of 340 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/ agreements entered into by City of Waterloo pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-discrimination covenants, City of Waterloo will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Waterloo will there upon revert to and vest in and become the absolute property of City of Waterloo and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Page 79 of 340 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 80 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 15, 2025 AGENDA ITEM TITLE Resolution approving cancellation of sidewalk assessments for properties located at 1029 Grant Avenue, in the amount of $316.73, 1412 Commercial Street, in the amount of $1,024.72, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties were assessed in error. The assessments were paid in full by check in the amount of $1,341.45 at the City Clerk's office prior to the deadline. However, the action was inadvertently left off of the information that went to Black Hawk County. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 81 of 340 1. Receipt_3TDOHRRY Page 82 of 340 PAYMENT DATE 06/13/2025 COLLECTION STATION COUNTER. 2 RECEIVED FROM O & : REAL ESTATE DESCRIPTION 35-0017826 35-0017968 PAYMENT CODE Payments: City of Waterloo 715 Mulberry St Waterloo, IA 50703 (319) 291-4323 RECEIPT DESCRIPTION I311ISIDE ALKASSESSMENT 3443 010-07-7650 3443 S ide'alk Repair Fee $1,341.45 Type Detail Amount Check 1183 Tota Cash Tota Check Tota Charge Tota Wire Tota Other Tota Remitted Change Tota Received Customer Copy 1,341.45 $0.00 $1 ▪ 341 45 $0.00 $0.00 $0.00 $1 341 45 $0.00 $1 ▪ 341 45 Total Amount: BATCH NO. 2025-12001154 RECEIPT NO. 2025-00017838 CASHIER Ryan Stuber IIIL i712' a 1(1]Z Vi1ii Esitl 1i 1.341.45 $1.341.45 I Printed by: Ryan Stu b e r Page 1 of 1 09/11/2025 03:24:36 PM Page 83 of 340 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution approving the award of the bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $24,750.00, approving the contract and certificate of insurance, in conjunction with the FY 2025 Furgerson Fields Basktetball Court Overlay Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Award bid and authorize Mayor to sign SUMMARY STATEMENT AND BACKGROUND INFORMATION This project is part of a Community Development Block Grant to overlay and refurbish Furgerson Fields Park basketball courts. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Sportstown U.S.A. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Community Development Block Grant (CDBG) $40,000 ALTERNATIVE ACTION LEGAL DESCRIPTION Page 84 of 340 ATTACHMENTS 1 Contract Fergerson Fields (Signed) 2. FY2026 Fergerson Fields Park Basketball Court Overlay Project 3. Certificate of Liability Insurance 4. Bid Form Aspro FY2026 Furgeson Fields Overlay Project Page 85 of 340 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT This Contract made and entered into this 15th day of September 2025, 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 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT as described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Signed Copy of Bid form c. Plans and Specifications d. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 Page 86 of 340 against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor for the project: Sum of: Twenty -Four Thousand, Seven Hundred and Fifty Dollars ($24,750.00) City of Waterloo, Iowa Quentin Hart, Mayor NAME, TITLE Approved by the City Council of the City of Waterloo, Iowa, this 15th day of September 2025 ATTEST: City Clerk Page 87 of 340 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT This Contract made and entered into this 15th day of September 2025, 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 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT as described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Signed Copy of Bid form c. Plans and Specifications d. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 Page 88 of 340 against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor for the project: Sum of: Twenty -Four Thousand, Seven Hundred and Fifty Dollars ($24,750.00) City of Waterloo, Iowa Quentin Hart, Mayor Aspro Inc. NAME, TITLE Approved by the City Council of the City of Waterloo, Iowa, this 15th day of September 2025 ATTEST: City Clerk Page 89 of 340 Acc rives' CERTIFICATE OF LIABILITY INSURANCE `-+'--- DATE(MMfDDNYYY) 12/3/2024 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(les) 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 Ileu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, LLC 4201 Westown Parkway Suite 120 West Des Moines IA 50266 CONTACT NAME; Denise Aliex PHONE FAX IA/C. No Ext): 605-275-1954 Fa c, No): 6D5-338-0552 E-MAIL ADDRESS: Denise Allex@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Cincinnati Insurance Company 10677 INSURED Aspro, Inc. P.O. Box 2620 Waterloo, IA 50704 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : VERAGES CERTIFICATE NUMBER:189219360 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE __MD ADDL. SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIWYY),MMIDDfYYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y EPP0732423 12/1/2024 12/1/2025 EACH OCCURRENCE $ 1,000,000 XDAMAGE CLAIMS -MADE OCCUR TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: JECT RP 0- POLICY I J JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Benefits $ 2,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO AWNED : SCHEDULED AUTOS NON-OWNE❑ AUTOS ONLY EPP0732423 12/1/2024 12/1/2025 (eO MocIMECD' INGLE LIMIT $ 1,000,000 BODILY INJURY {Per person) $ BODILY(Peraccident ) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE EPP0732423 12/1/2024 12/1/2025 EACH OCCURRENCE $10,000,000 AGGREGATE $1Q000,000 DED X RETENT ON $ vim $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? f 1 I (Mandatory in NH) If es, describe under DESCRIPTION OF OPERATIONS below N!A EWC0732420 12/1/2024 12/1/2025 x PER STATUTE OTH- ER E.L.EAGHACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Property EPP0732423 12/1/2024 12/1./2025 BlanketBPP $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an additional insured (CG74820108) with respect to any and all work performed by the named insured. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE *747 ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 90 of 340 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM For FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT BIDDER: ASPRO, INC. COMPANY NAME ADDRESS: 3613 TEXAS ST. , PO BOX 2620 WATERLOO, IOWA 50704 PHONE: (319 ) 232-6537 UEI (UNIQUE ENTITY IDENTIFIER) NRRMYVLGJD45 1. The undersigned, being a corporation existing under the laws of the State of IOWA , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file at Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2026 FURGERSON FIELDS PARK BASKETBALL COURT OVERLAY PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: TOTAL BID PRICE: TWENTY FOUR THOUSAND SEVEN HUNDRED FIFTY dollars ($ 24, 750.00 ) 2. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 3. The Bidder has received the following Addendum or Addenda: Addendum No. N/A Date: / / 4. The Bidder has filled in all blanks on this proposal, Those blanks not applicable are marked "none" or "NA". 5. The Bidder has attached all applicable forms, 6. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. Page 91 of 340 CONTACT PERSON: BRAD BLOUGH Please Print PHONE: 319-232-6537 SIGNED: DATE: 9 /$/2025 Page 92 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department September 15, 2025 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to the Friends of NCC in the amount of $12,000.00. 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. Friends of NCC application for HMT Discretionary Page 93 of 340 INATIONAL IrIATTLE IONGRESS Date: September 8, 2025 To: Mayor and City Council of Waterloo, IA From: Mark Little, Treasurer National Cattle Congress Re: Hotel -Motel Grant Application Thank you for the opportunity to apply for funding through the Hotel -Motel Grant Program. i have included the following: Grant Application - Listing of the Management Staff and Board of Directors Tax Exemption Status - W-9 Form 257 ANSEOROUGH • WATERLOO, IOWA 50701 • (319) 234-7515 • FAX (319) 234-8865 www.nationalcattlecongress,corn Page 94 of 340 Date: September 8, 2025 To: Mayor and City Council of Waterloo, IA From: Mark i J Treasurer National Cattle Congress Re: Hotel -Motel Grant Application Thank you for the opportunity to apply for funding through the Hotel -Motel Grant Program. have included the following: Grant Application Listing of the Management Staff and Board of Directors Tax Exemption Status W-9 Form Page 95 of 340 CITY 07 LLiU TERLO0 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 Friends of NCC Name of facility,projectSecurity for the 2025 NCC Fair Contact person Mark Little Email markflittle@gmaii.com Address of organization or person completing application: Street 257 Ansborough Ave. cityWaterloo state IA zip 50701 Phone319-234-7515 Fax: n/a Page 96 of 340 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. The National Cattle Congress is one of Waterloo's most historic and community -centered events, now entering its 115th year. Each September, the fair welcomes approximately 50,000 vistors from not only the Cedar Valley, but from across Iowa and beyond. With this level of attendence, ensuring public safety is essential to maintaining the fair's tradition as a welcoming , family -friendly event. Up until three years ago, security was provided through a unique arrangement with the Waterloo Police Department (WPD). This arrangement allowed WPD to store vehicles year round in exchange for providing security during the fair. This ended when the city purchased a facilty to meet these needs. Since that time, NCC has struggled to pay the cost charged by the WPD. There are several reasons, COVID of 2020, the last two fairs unfavorable weather which resuted in lower than anticapated attendance and inncreased costs to maintain our facitllies. In 2024, the NCC was mandated by a new ordiance which required the purchase and installition of a fire sprinkler system in the Pavilion on the Cattle Congress Grounds. That project alone cost $125,000.00 (less $25,000 from a local grant) funds that we did not have budgeted not knowing this requirement was forthcoming. Page 97 of 340 3. What is the mission of your organization? To provide positive shared experiences through agricultural, artistic, educational, and leisure activities to culturally ans economically enhance the quality of life in he Midwest. 4. How long has your organization been in existence? National Cattle Congress has been in existance since 1910. 5. How many staff members and/or volunteers are involved in this organization and the project? Full -Time: 1 General Manager Part -Time: 5 Events and Maintenance Part•Time: 1 UNI student NCC will employee addlonlal part-time staff needed during the fair. NCC has worked with the Waterloo Exchange to provide ticket sellers and takers. 6. C z C z FleasQ indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The fair brings in an estimated 50,000 attendees annually, many of whom travel from outside the Cedar Valley and stay in local hotels, boosting tourism. It is one of the communities largest events, offering entertainment, education, and cultural experiences. The fair enriches residents quality of life by preserving tradition, offering affordable entertainment, and fostering civic pride. Page 98 of 340 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability Friends of NCC is developing long-term strategies, including expanded sponsoships, increased vendor particapation and other year round events and storage. We will also continue to seek out grant oppurtunies, both local and state. 9. Give an estimate of how you plan to measure the success of the project For this paticular project success will be determined by the safety and security of our attendees. 10. Describe specifically how the proposed project will be marketed. The Cattle Congress Fair is marketed by; - Social Media - Radio Advertising - Flyers - Television Advertising - NCC Website - Local publications of "Things to do". Page 99 of 340 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotellmotel tax grant fits into the overall budget. Total Project Cost: $15,000 Hotel/Motel Tax Grant Request: $12,000 Additional Funding Sources: $3,000 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 $15.00rsa $ 3,00 a $ 0.00 $12,00ao Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Groot Request nous! 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 prograni/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. September 8, 2025 Signature of Applicant Date Page 100 of 340 National Cattle Congress Management and Board of Directors General Manager: Jim Koch jim@nationalcattlecongress.com 319-234-7515 Board: President: Deb Pullin -Van Auken debpva@gmait.com 319-430-3171 Vice President: Blake Hollis bghollis(tanehaven.com 319-239-7462 Treasurer: Mark Little markflittle@gmaiLcom 319-415-2492 Secretary: Mike Thole miket( Leviarch.com 563-608-3440 Member: Don Michels donmichels@waterloomills com 319-240-8571 Member: James (Corye) Johnson z948477@gmail.com 319-830-1610 Member: Jim Nygren jim.nygrenvgm.com 800-203-3233 Member: Wayne Frost frostwf@ipcteLnet Member: Casey Kann kanncaseykOjohndeere.com There are currently two open positions on the board. Page 101 of 340 rmDepartment of the Treasury Internal Revenue Service T Tax Exempt and Government Entities 1s P.O. Box 2508 Cincinnati, OH 45201 FRIENDS OF NCC CHARITABLE TRUST PO BOX 298 WATERLOO, IA 50704 Date: 09/12/2024 Employer ID number; 42-1402010 Person to contact: Name: Customer Service ID number: 31964 Telephone; 877-829-5600 Accounting period ending: May 31 Public charity status: 170(b)(1)(A)(vi) Form 990I990•EZ I990-N required: Yes Effective date of exemption: May 15, 2020 Contribution deductibility: Yes Addendum applies: NO DLN: 26053642001994 Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522, This letter could help resolve questions on your exempt status, Please keep it for yqur. records.. Organizations exempt under tRC. Section 501(c)(3) are further classified as either public charities or private foundations. We determined, you're a public charity under the IRC Section listed at the top of this letter. Based on the information you submitted vrith your application, we -approved your request for reinstatement under Revenue Procedure 201441. Your effective date of exemption, as listed at the top of this letter, is retroactive to yourdate of revocation. If we indicated at the top of this letter that you'rerequired to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for threeconsecutive years, your exempt status will be automatically revoked.. : . If we indicated at the top of this letter that.an addendum applies, the enelosed_addendurn is an integral part of this letter. Letter 947 (Rev. 2-2020) Catalog Number 35152P Page 102 of 340 For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(e)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. We sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, ,I=z41/44 et — Stephen A. Martin Director, Exempt Organizations Rulings and Agreements Letter 947 (Rev. 2-2020) Gaialog Number 35152P Page 103 of 340 Form (Rev. October2018) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 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 tine blank. Friends of NCC Charitable Trust 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check following seven boxes. El Individual/sole proprietor or ❑ C Corporation ❑ S Corporation • Partnership single -member LLC only one of the Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) 501(03 • Limited liability company. Enter the tax classification (C-C corporation, 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 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. till Other (see instructions) I. (Appkes to accounts mantained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 257 Ansborough Ave. Requester's name and address (optional) 6 City, state, and ZIP code Waterloo, Iowa 50701 7 List account number(s) here (optional) MB 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 aet 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 1 4 0 2 0 1 0 Part II Certification Linder 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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 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. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your fax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person ). General instructicffis 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 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 1099-1NT (interest earned or paid) Date). 10/09/2020 • 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. Cat. No. 10231X Form W-9 (Rev. 10.2018) Page 104 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 15, 2025 AGENDA ITEM TITLE Resolution approving Hotel/Motel Grant award in the amount of $3,000.00 to Main Street Waterloo for funding for the Main Street Iowa Fall meeting and $15,000.00 to Experience Waterloo for event barriers. 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. Barrier Cap Grant 2. MS Fall Meeting Page 105 of 340 Page 106 of 340 Drive Through Barriers - Capital Grant Experience Waterloo Dates: 08/28/2025 Request: $15,000.00 Summary: After the driver attack on Bourbon Street in New Orleans, LA in early 2025, a coalition of Experience Waterloo, Iowa IrishFest & City of Waterloo Departments met to identify ways to ensure the safety and security of "soft" spots as we moved toward festival season. With so many of our city festivals happening along or near city streets, we recognized the vulnerability of these events and sought solutions to lesson any serious damage or loss of life by an intentional (or even accidental) driver entering festival grounds. The barriers are from Traffix Devices and provide a sturdy barrier that will be placed on site by City of Waterloo staff but can be moved into place by event organizers. Item Link: https://www.traffixdevices.com/products/security/block-axess These items will be available for use by any event organizer with a need. Access to these items will be through Experience Waterloo or communicating with the City of Waterloo's Public Works Dept. Total Project Cost: $151,830 Notes regarding funds: Grant funding will be used to pay for 10% of the overall project Application quality (was it clear, complete, well thought-out): This application was clearly thought out and easy to follow. Page 107 of 340 Main Street Iowa Fall Meeting Main Street Waterloo Dates: 09/29/2025 - 10/ 1 / 2025 Location: Downtown Waterloo Request: $3,000 Summary: 100 Main Street leaders from across Iowa will converge in Downtown Waterloo for a multi -night conference for professional development, strategy creation, exploration of downtown, with shopping & dinning, boosting the local economy while creating actionable solutions. Experience Waterloo BOD Recommendation: $3,000 Attendance: 100 Downtown development professionals Projected room nights: 2 Room night impact: The applicant has noted that one thousand attendees will be traveling by air. So, there will be a high demand for rooms. Projected economic impact: $115,391 ROI (Economic impact based on requested funds): A $3,000.00 award would return $38.46 per dollar invested. Notes regarding funds: These funds will be spent to pay for printings & to ensure a quality meeting visit by attendees. Application quality (was it clear, complete, well thought-out): This application was clearly thought out and easy to follow. Page 108 of 340 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Main Street Iowa - Fall Meeting Business Sales (Direct): $74,427 Organization: MWS Business Sales (Total): $115,391 Event Type: Convention Jobs Supported (Direct): 40 Start Date: 9/29/2025 Jobs Supported (Total): 48 End Date: 10/1/2025 Local Taxes (Total): $2,189 Overnight Attendees: 100 Net Direct Tax ROI: $2,056 Day Attendees: 150 Estimated Room Demand: 200 Direct Business Sales Sales by Source Sales by Sector $50.000 - $40.000 - J Trans in Space Rental $30.000 - _ Retail • Recreation $20.000 $10.000 - Business Services $0 .- - _a E,^.0:0-E SO' 55.000 510,000 515,000 520,000 S25,000 Industry Attendees Organizer Exhibitor Total Lodging $22,017 $1,005 $0 $23,022 Transportation $4,429 $335 $1,205 $5,970 Food & Beverage $11,335 $9,360 $2,535 $23,231 Retail $4,016 $0 $0 $4,016 Recreation $2,105 $0 $0 $2,105 Space Rental $0 $3,962 $699 $4,661 Business Services $0 $8,176 $3,247 $11,422 TOTAL $43,903 $22,837 $7,686 $74,427 Destinations International Event Impact Calculator 8/28/2025 4:32:14 PM Page 109 of 340 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Motion approving Change Order No.2 with Baker Enterprises, Inc., of Waverly, Iowa, for a net increase of $79,800.00, in conjunction with FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. CO #2 - Signed Page 110 of 340 Page 111 of 340 CITY OF WATERLOO�IOWA CHANGE or EXTRA WORK ORDER NO. #2 PROJECT: F.Y. 2025 W.A.R.P. 4TH ADDITION , CONTRACT NO. 1114 Date Prepared: 9/9/2025 AMOUNT: $ 79,800.00 Increase TO: BAKER ENTERPRISES, INC. , 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 Contract Date. 12/2/2024 A. Description of change to be made or extra work to be done: a. Additional Class 10, borrow material to be hauled in from off -site. B. Reason for ordering change or extra work: a. Estimated shrinkage factor off by 0.02 resulting in 12,000 CY change in quantity. C. Settlement for cost of work to be made as follows: a. 2001 - CLASS 10, BORROW, CY / $6.65 @ 12,000 CY = $79, 800.00 Total Net Increase $ 79,800.00 CITY OF WATERLOO BY: BAKER ENTERPRISES, INC. Mayor ATTEST: Date CONTRACTOR City Clerk Date BY: CW4:frt. %.4.frt ne- 9/9/25 PRINTED NAME: Collin Trenkamp TITLE: Project Manager Date APPROVED: 4,,,.,_, 9/9/2025 ity Engineer Date Page 112 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department September 15, 2025 AGENDA ITEM TITLE Hector Salamanca Arroyo, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [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. Board & Commission Application - Hector Salamanca Arroyo Page 113 of 340 CITY OF WATERLOO, IOWA RECEIVED APR 0 2022 BOARDS & COMMISSIONS APPLICATION Date:03/29/2022 i, Hector A. Salamanca Arroyo (Name) 1. Lesiure services , request to be appointed to (state preference): 2 Historic preservation Home Phone: Cell Phone:515-447-1186 Email Address HASARROYO@outlook.com Work Phone: Home Address 1111 Patton Ave Zip Code50702 EmployerU.S. Army National Guard/ UNI student Title Graduate Student Employer Address Zip Code How long have you resided in Waterloo? 0 yrs Email address: HASARROYO@outlook.com List current membership in organizations and offices held: I am available for meetings: QA.M. C]✓ P.M. �✓ Noon E Evenings l am available to serve on a Board/Commission the entire year: ®Yes ONo if no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Prior to deploying overseas and prior to enrolling in graduate program at UNI, 1 worked as a Club Director for the Boys & Girls Clubs of Metro Denver working with marginalized communities focusing on their access to quality recreational and educational opportunities. Additional information and comments that may not be evident from information already on this form: -Served overseas as infantryman for CO 1-157th Task Force Iron Grey -enrolled at UNI for MA in Community Health and Recreation References (include phone numbers): Councilman Chiles 319-529-9917 Nilvia Reyes Rodriguez 641-229-1420 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 applica 'on ycill remain valid and on file for one calendar year from above date. ignatu .j 1s14t m MAYOR'S . L1/IS/.5 or RETURN TO A OR'S OFFICE, 1 MULBERRY ST., WATERLOO, IA Rev02/20/2020 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.orq; PHONE 291-4301 Page 114 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department September 15, 2025 AGENDA ITEM TITLE Ivan Valtchev, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [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. Board & Commission Application - Ivan Valtchev Page 115 of 340 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION RECEIVED APR 0 6 2022 Date:0410612022 I IVAN VALTCHEV , request to be appointed to (state preference): (Name) 1 , Historic Preservation Comission 2, Home Phone: Cell Phone: Work 732 9112 Work Phone: 433 3822 Email Addressivanv@invisionarch.com Horne Address527 E Park Ave Employer INVISION ARCHITECTURE Employer Address 501 Sycamore St, Ste 101 How long have you resided in Waterloo? 11 yrs Zip Code50703 Title Architect Zip Code50703 Email address: ivanv@invisionarch.com List current membership in organizations and offices held: Main Street Board, Main Street Design Council I am available for meetings: ❑A.M. 0 P.M. Q Noon Q Evenings I am available to serve on a Board/Commission the entire year: ()Yes ®No If no, list months not able to serve: July Briefly explain your qualifications for appointment to a designated Board/Commission: Previous member of Historic Preservation Comission; Architect Additional information and comments that may not be evident from information already on this form: References (include phone numbers): I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an 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 / fret, Y� &SW iip` fici or RETURN O'M�AYOR S OFFICE,g7 5 MULBERRY ST., WATERLOO, IA Rev02/20/2020 50703 FAX 291-4286; EMAIL: mayorAwaterioo-ia.org; PHONE 291-4301 Page 116 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department September 15, 2025 AGENDA ITEM TITLE Nicholas Hedrick, Board/Commission: Historic Preservation, Expiration Date:April 15, 2028, [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. Board & Commission Application - Nicholas Hedrick Page 117 of 340 CITY OF WATERLOO, IOWA Date: LI 49 1I BOARDS & COMMISSIONS APPLICATION RECEIVED APR 2 2019 I, f`!:r1,��s (Name) 1./J:LS)orL. wtw,,2,11,,,, 2. request to be appointed to (state preference): Home Phone:319 dqo -5cl7,5— Cell Phone:,31q -a90-• yw7.y Email Address n ; g.r,,:c ny, Home Address Qt., 7 Bioo lam).. �� i�,�, Z4 Employer Employer Address Work Phone: 319-a3Y-- 9g3y Zip Code,5a70'; t tic ►, s,�eTitle �;t�ltr� ec� Zip Code n9,6 How long have you resided in Waterloo? f,( yrs Email address: List current membership in organizationsnand offices held: (1rrr.rs.4 ar r�,� ;,�--.M � �r r' 4 y �<^rl iG. - e.- /co .Cr) M 4 r e CC."( t4c. Pcprti,, (; . ire-v S vnop. F e_r nr^t: r ();�,liY a ,r I. (.ot•-•n.tEc.r Pir - . 847N1x1� drs�cio►.rntr I�r- MJ^.'. Rrs.,.0 Alte-0114,`r �%r i k�.,f2 Me:y1-.:ies-hod A.5tio�: am available for meetings: i A.M. /P.M. Ofloon /Evenings 1 am available to serve on a Board/Commission the entire year: ryes No if no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 4,c ecd i ve. Gnu, c .1 C. 7•4 otro...G.J.-!ioa f h c w. �r.I Iwo Memo- s/! r_ .%nte .t [ G.r.rer Iy rt o :e. ex-,1{1_ tF:(1�lu,Mi /'i : ,S �j e i r t. Ci i 7Y : L � ct�i t- fM ►'# )D t_ ir0 r r „ 2k.j r\ r i b e' r 411y rJj Additional information and comments that may not be evident from information already an this form: — References (include phone numbers): Ron Al .1I 4-q. p« 114./tArN hS� 6,1 - 31 q 023 9 - 71 % / c°rl rt LL_ -r-loo 0; re c ,r - .3 / 1 t O % - 1.23 `/ 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 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Ravo4rll1IV FAX 291-4286; EMAIL: mavor(a7waterloo-ia.orq; PHONE 291-4301 O K/ 1 19-- Fu I I I-eVIn) In Op y --I 5- �. eC2 P 'ilpp‘c-) -/-e inn') ULki), i5 . Page 118 of 340 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 15, 2025 AGENDA ITEM TITLE E Liquor Licenses Casey's #2880, 1604 La Porte Road, Class C w/Sunday Sales (Renewal) Exp: 09/30/2026. Chilitos Mexican Bar & Grill, 441 E. Tower Park Drive, Class C w/Sunday Sales (Ownership Update) Exp: 08/07/2026. Dollar General #4698, 2935 Logan Avenue, Class B w/Sunday Sales (New) Exp: 07/14/2026. Dollar General #20584, 1650 Idaho Street, Class B w/Sunday Sales (Ownership Update) Exp: 11/06/2026. Friendship Village, 600 Park Lane, Class F w/Outdoor Service and Sunday Sales Renewal) Exp:10/18/2025. Kwik Star #1004, 111 E. Donald Street, Class B w-Sunday Sales (Renewal) Exp: 10/21/2026. Lounge Bar, LLC, 32 lafayette Street, Class C w/Sunday Sales (Ownership update) Exp: 07/09/2026. Maui Wowi Iowa, 257 Ansborough Avenue, Class C w/Outdoor Service and Sunday Sales (New) (5- Day) Exp: 09/21/2025. Narey's 19th Hole, 2073 Logan Avenue, Class C w/Sunday Sales (Renewal) Exp: 08/22/2026. National Dairy Cattle Congress, 250 Ansborough Avenue, Class C w/Sunday Sales (Unlicense Location) Exp: 02/28/2026. Queen of Peace Church, 320 Mulberry Street, Class C w/Outdoor Service and Sunday Sales (New) (5-Day) Exp: 09/18/2025. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Renewal) Exp: 10/14/2026. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Premises Update) Exp: 10/14/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 119 of 340 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 120 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 15, 2025 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_9.15.25 Page 121 of 340 100211094 101323724 RIGHT OF WAY BONDS FOR COUNCIL APPROVAL September 15, 2025 BROADBAND INSTALLATIONS OF IOWA HARTCO CABLE, INC. CARROLL, IA GENESEO, IL Page 122 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 123 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Sergeant Road (US Hwy 63) - W. Ridgeway Avenue - Kimball Avenue - South City Limits - Sergeant Road (US Hwy 63) NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 09.04.2025 FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127 Page 124 of 340 FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127 Engineer's Estimate: $87,278.84 Bid Opening: September 4, 2025 Bidder Bid Security Bid Amount BROCK EVEN CONSTRUCTION, LLC JESUP, IOWA 5% $76,843.42 Page 125 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, Contract No.07-8155-784. RECOMMENDED COUNCIL ACTION Approving award of bid to K&W Electric in the amount of $524,947.50. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Grant funds and operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BO 353 07 8155 784 250819 CONTRACT Page 126 of 340 CONTRACT 8/20/2025 2:56 PM Letting Date: August 19, 2025 County: BLACK HAWK Cost Center: 849300 Contract Work Type: TRAFFIC SIGNALS Contract ID: 07-8155-784 CaII Order: 353 Project Engineer: WILLETT, HOFMANN AND ASSOCIATES, INC Object Code: 890 DBE Commitment: $0.00 This agreement made and entered by and between the Contracting Authority, CITY OF WATERLOO and Contractor, K & W ELECTRIC, INC. (K.100) City: CEDAR FALLS State: IA It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. Contractor, for and in considerations of $ 524,947.50 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting Authority hereby agrees to pay the Contractor promptly and according to the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Contract Time of this Contract and assigned Notes. To accomplish the purpose herein expressed, the Contracting Authority and Contractor have signed this instrument. For Federal -Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the contract. Page 127 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Project(s) 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Project Number: STP-A-8155(784)--86-07 County: BLACK HAWK Project Work Type: TRAFFIC SIGNALS Location: In the city of Waterloo, On ANSBOROUGH AVE, from Downing Ave S 2.7 miles to Fisher Dr, traffic signal improvements Route: ANSBOROUGH AVE Federal Aid - Predetermined Wages are in Effect Page 128 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Time 8/20/2025 2:56 PM Contract ID: 07-8155-784 Call Order: 353 Letting Date: August 19, 2025 Site ID Site Details Liquidated Damages 00 Late Start Date 06/29/2026 90 WORK DAYS $1,000.00 (*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit Page 129 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Notes 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Notes : There are no notes for this contract. Page 130 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Addenda 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 The following is a list of Contract Addenda: 19AUG353.A01 Page 131 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Note Description 001.2023 *** STANDARD SPECIFICATIONS -- SERIES 2023 *** The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2023, plus applicable General Supplemental Specifications, Developmental Specifications, Supplemental Specifications AND Special Provisions shall apply to construction work on this contract. Page 132 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Note Description 005.23004.02 *** REVISIONS TO GS-23004 *** 1102.17, B, 2, Equal Employment Opportunity. Replace the Article: In hiring and employment practices, the absence of discrimination on the basis of race, religion, sex, sexual orientation, color, national origin, age, disability, or other protected classification under Federal, state, or local law. 1102.17, B, 8, Segregated Facilities. Replace the first sentence: Employee facilities that are separated on the basis of race, religion, color, national origin, age, sex, sexual orientation, or disability either by explicit directive or by fact because of habit, local custom, or any other reason. 1102.17, C, 1, The EEO/AA Operating Statement. Replace the Article: "It is the policy of this Company to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 1102.17, F, Personnel Actions. Replace the first sentence: Wages, working conditions, employee benefits, and personnel actions of every type including hiring, upgrading, promotion, transfer, demotion, layoff, and termination shall be made without regard to race, color, religion, sex, sexual orientation, national origin, age, or disability. 1109.05, B, 2. Replace the Article: The Contractor may withhold up to 3% of each progress estimate on work performed by subcontractors as subcontractor retainage. Page 133 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Note Description 2601.03, C, 1, b, Seed Mixture. Add note to Table 2601.03-1: *For 2025 construction season only, Canada wildrye (Elymus canadensis) may be substituted with an equal application rate of Virginia wildrye (Elymus virginicus). 500.01 *** WINTER WORK *** The free time allowed between November 15 and April 1 will not be permitted on this project. The Contractor shall work during the winter on all working days as defined in Article 1101.03 'Working Day. FHWA-1273.09 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS -- REVISED OCTOBER 23, 2023 23 U.S.C. 133(i) requires application of Davis Bacon predetermined wages on certain projects on roads functionally classified as a local road or a rural minor collector. This supersedes the applicability described in FHWA-1273 Section IV. GS-23004 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION Page 134 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-784 CaII Order: 353 Letting Date: August 19, 2025 Note Description IA25-81.0 PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA20250081 FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT COUNTY) Note: The Contractor shall review the contract documents and is responsible for identifying which zone(s), as defined in the Predetermined Wage Rate specification, apply to the work on the contract. ' Additional Requirement *** The Prime Contractor shall submit certified payrolls for itself and each approved Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T. Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. SP-232022A SPECIAL PROVISIONS FOR TRAFFIC SIGNALIZATION Black Hawk County STP-A-8155(784)--86-07 STP-A-8155(785)--86-07 Page 135 of 340 I^WAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Schedule 8/20/2025 2:56 PM Contract ID: 07-8155-784 Call Order: 353 Letting Date: August 19, 2025 SECTION: 0001 SECTION TOTAL: $524,947.50 TRAFFIC SIGNALS ITEMS Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0010 2525-0000100 TRAFFIC SIGNALIZATION 0020 2528-8445110 TRAFFIC CONTROL 0030 2533-4980005 MOBILIZATION LUMP SUM 514,947.50 LUMP SUM 2,000.00 LUMP SUM 8,000.00 Total Bid: $524,947.50 Page 136 of 340 FHWA-1273 - Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Xl. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. Page 1 of 13 Page 137 of 340 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g) (4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: Page 2 of 13 Page 138 of 340 a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. Page 3 of 13 Page 139 of 340 b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60- 1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and HighwayProjects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141 (2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage Page 4 of 13 Page 140 of 340 determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); Page 5 of 13 Page 141 of 340 daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts -covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(3) of this section. (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the Page 6of13 Page 142 of 340 reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: Page 7 of 13 Page 143 of 340 a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractors surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractors bankruptcy estate; (4) A contractors assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; Page 8 of 13 Page 144 of 340 b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116). 5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the Page 9 of 13 Page 145 of 340 seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification - First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, Page 10 of 13 Page 146 of 340 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, Page 11 of 13 Page 147 of 340 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR Page 12 of 13 Page 148 of 340 APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Page 13 of 13 Page 149 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 General Decision Number: IA20250081 01/03/2025 Superseded General Decision Number: IA20240081 State: Iowa Construction Types: Heavy and Highway Counties: Iowa Statewide (except Scott County). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after Executive Order 14026 generally applies to January 30, 2022, or the contract is renewed the contract. The contractor must pay all or extended (e.g., an option is exercised) on or covered workers at least $17.75 per hour (or after January 30, 2022: the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. If the contract was awarded on or between Executive Order 13658 generally applies to January 1, 2015 and January 29, 2022, and the the contract. The contractor must pay all contract is not renewed or extended on or covered workers at least $13.30 per hour (or after January 30, 2022: the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/03/2025 SU1A2023 -001 02/01/2023 BRICKLAYER (BRICKLAYER/STONE MASON) Rates Fringes ZONE 1 $ 34.00 17.62 ZONE 2 $ 34.00 17.62 ZONE 3 $ 34.00 17.62 ZONE 4 $ 32.75 16.09 ZONE 5 $ 29.65 16.09 IA20250081 - 1 Page 150 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 CARPENTER AND PILEDRIVERMEN: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ** CONCRETE FINISHER: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ELECTRICIAN (STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, 2, AND 3 ZONE 4 ZONE 5 IRONWORKER: (SETTING OF STRUCTURAL STEEL) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ** LABORER: ZONE 1, 2, AND 3 GROUP AA GROUP A GROUP B GROUP C ZONE 4 GROUP AA GROUP A GROUP B GROUP C ZONE 5 GROUP AA GROUP A GROUP B GROUP C POWER EQUIPMENT OPERATOR: ZONE 1 GROUP A GROUP B GROUP C GROUP D 31.27 15.83 29.80 15.98 29.68 15.98 29.20 13.30 28.15 11.70 29.55 13.10 29.55 13.10 29.55 13.10 27.70 9.20 26.65 9.20 36.40 14.80 35.10 13.80 33.45 13.05 32.25 14.85 30.16 15.30 30.16 15.45 28.00 14.50 26.15 13.70 27.20 12.01 24.82 12.01 22.97 12.01 19.89 12.01 25.12 11.32 23.12 11.32 21.55 11.32 18.92 11.32 25.52 9.87 23.52 9.87 20.78 9.87 19.93 9.87 35.50 33.95 31.45 31.45 16.50 16.50 16.50 16.50 IA20250081 - 2 Page 151 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 ZONE 2 GROUP A GROUP B GROUP C GROUP D ZONE 3 GROUP A GROUP B GROUP C GROUP D ZONE 4 GROUP A GROUP B GROUP C GROUP D ZONE 5 GROUP A GROUP B GROUP C GROUP D 35.30 16.50 33.70 16.50 31.15 16.50 31.15 16.50 32.50 28.20 30.70 28.20 29.70 28.20 29.70 28.20 32.85 16.95 31.71 16.95 29.63 16.95 29.63 16.95 30.87 13.25 29.83 13.25 28.10 13.25 27.10 13.25 TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE DEFINITIONS 26.26 12.59 26.26 12.59 26.26 12.59 26.26 9.04 24.50 9.04 ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County Carpenters only. ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters. ZONE 3 The Cities of Burlington (including West Burlington, Clinton, Fort Madison, Keokuk, Middleton (including the Iowa Army Ammunition Plant) and Muscatine (and abutting municipalities of any such cities). ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee County and Des Moines County. ZONE 5 All areas of the state not listed above. IA20250081 - 3 Page 152 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 LABORER CLASSIFICATIONS - ALL ZONES GROUP AA — {Skilled pipelayer (sewer, water and conduits) and tunnel laborers; Asbestos abatement worker}. GROUP A — Carpenter tender on bridges and box culverts; curb machine (without a seat); CCTV* sewer inspection operator; curb machine (without a seat); deck hand; diamond & core drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator; mason tender (brick/stone); powderman tender; powderman/blaster; sign erector; saw operator; {(Zones 4 and 5) Skilled pipelayer (sewer, water, and conduits); tunnel laborer; asbestos abatement worker} *new labor classification (CCTV: closed circuit television). GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors; form line expansion joint assembler; form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled); power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair. GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier. POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt laydown machine; asphalt plant; Asphalt screed; bulldozer (finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above); dragline and power shovel; dredge engineer; excavator (over 1/2 cu. yd.); front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader (finish); push cat; rubber tired backhoe (over 1/2 cu. yd.); scraper (12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar). GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cy); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. IA20250081 - 4 Page 153 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted post driver. GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler. ** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams. WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government- contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were IA20250081 - 5 Page 154 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. Example: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because the National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. IA20250081 - 6 Page 155 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION IA20250081 - 7 Page 156 of 340 Doc Express® Document Signing History Contract: 07-8155-784 Document: BO 353 07-8155-784 250819 CONTRACT This document is in the process of being signed by all required signatories using the Doc Express® service. Following are the signatures that have occurred so far. Date Signed By (Signed by Contractor) (Local Public Agency Views and Signs Performance Bond) (Local Public Agency Signs Contract) (Checked by Contracts and Specifications Bureau) (Signed by Contracts and Specifications Bureau) (Marked Completed by Contracts and Specifications Bureau) Page 157 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US 218, Contract No.07-8155-785. RECOMMENDED COUNCIL ACTION Approving award of bid to K&W Electric in the amount of $774,627. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Grant funds and operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BO 354 07 8155 785 250819 CONTRACT Page 158 of 340 CONTRACT 8/20/2025 2:56 PM Letting Date: August 19, 2025 County: BLACK HAWK Cost Center: 849300 Contract Work Type: TRAFFIC SIGNALS Contract ID: 07-8155-785 CaII Order: 354 Project Engineer: CITY OF WATERLOO Object Code: 890 DBE Commitment: $0.00 This agreement made and entered by and between the Contracting Authority, CITY OF WATERLOO and Contractor, K & W ELECTRIC, INC. (K.100) City: CEDAR FALLS State: IA It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed herein, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. Contractor, for and in considerations of $ 774,627.00 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contractor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting Authority hereby agrees to pay the Contractor promptly and according to the requirements of the specifications the amounts set fourth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Contract Time of this Contract and assigned Notes. To accomplish the purpose herein expressed, the Contracting Authority and Contractor have signed this instrument. For Federal -Aid Contracts the Contractor certifies that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the contract. Page 159 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Project(s) 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Project Number: STP-A-8155(785)--86-07 County: BLACK HAWK Project Work Type: TRAFFIC SIGNALS Location: In the city of Waterloo, On BROADWAY ST, from 1st St NW 4.0 miles to US 218 Slip Ramps, traffic signal improvements Route: BROADWAY ST Federal Aid - Predetermined Wages are in Effect Page 160 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Time 8/20/2025 2:56 PM Contract ID: 07-8155-785 Call Order: 354 Letting Date: August 19, 2025 Site ID Site Details Liquidated Damages 00 Late Start Date 06/29/2026 90 WORK DAYS $1,000.00 (*) - Indicates Cost Plus Time Site. See Schedule of Items for Cost Per Unit Page 161 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Notes 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Notes : There are no notes for this contract. Page 162 of 340 I ^WA I DOT Contract Prepared by Contracts and Specifications Bureau Contract Addenda 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 The following is a list of Contract Addenda: 19AUG354.A01 Page 163 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Note Description 001.2023 *** STANDARD SPECIFICATIONS -- SERIES 2023 *** The Iowa Department of Transportation STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION, SERIES 2023, plus applicable General Supplemental Specifications, Developmental Specifications, Supplemental Specifications AND Special Provisions shall apply to construction work on this contract. Page 164 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Note Description 005.23004.02 *** REVISIONS TO GS-23004 *** 1102.17, B, 2, Equal Employment Opportunity. Replace the Article: In hiring and employment practices, the absence of discrimination on the basis of race, religion, sex, sexual orientation, color, national origin, age, disability, or other protected classification under Federal, state, or local law. 1102.17, B, 8, Segregated Facilities. Replace the first sentence: Employee facilities that are separated on the basis of race, religion, color, national origin, age, sex, sexual orientation, or disability either by explicit directive or by fact because of habit, local custom, or any other reason. 1102.17, C, 1, The EEO/AA Operating Statement. Replace the Article: "It is the policy of this Company to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 1102.17, F, Personnel Actions. Replace the first sentence: Wages, working conditions, employee benefits, and personnel actions of every type including hiring, upgrading, promotion, transfer, demotion, layoff, and termination shall be made without regard to race, color, religion, sex, sexual orientation, national origin, age, or disability. 1109.05, B, 2. Replace the Article: The Contractor may withhold up to 3% of each progress estimate on work performed by subcontractors as subcontractor retainage. Page 165 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Note Description 2601.03, C, 1, b, Seed Mixture. Add note to Table 2601.03-1: *For 2025 construction season only, Canada wildrye (Elymus canadensis) may be substituted with an equal application rate of Virginia wildrye (Elymus virginicus). 500.01 *** WINTER WORK *** The free time allowed between November 15 and April 1 will not be permitted on this project. The Contractor shall work during the winter on all working days as defined in Article 1101.03 'Working Day. FHWA-1273.09 FHWA-1273: REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS -- REVISED OCTOBER 23, 2023 23 U.S.C. 133(i) requires application of Davis Bacon predetermined wages on certain projects on roads functionally classified as a local road or a rural minor collector. This supersedes the applicability described in FHWA-1273 Section IV. GS-23004 GENERAL SUPPLEMENTAL SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION Page 166 of 340 InWAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Specifications List 8/20/2025 2:56 PM Contract ID: 07-8155-785 CaII Order: 354 Letting Date: August 19, 2025 Note Description IA25-81.0 PREDETERMINED WAGE RATE - GENERAL DECISION NUMBER IA20250081 FOR HEAVY AND HIGHWAY CONSTRUCTION -- STATEWIDE (EXCEPT SCOTT COUNTY) Note: The Contractor shall review the contract documents and is responsible for identifying which zone(s), as defined in the Predetermined Wage Rate specification, apply to the work on the contract. ' Additional Requirement *** The Prime Contractor shall submit certified payrolls for itself and each approved Subcontractor weekly to the Project Engineer. The Contractor may use the Iowa D.O.T. Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the Subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. SP-232022A SPECIAL PROVISIONS FOR TRAFFIC SIGNALIZATION Black Hawk County STP-A-8155(784)--86-07 STP-A-8155(785)--86-07 Page 167 of 340 I^WAIDOT Contract Prepared by Contracts and Specifications Bureau Contract Schedule 8/20/2025 2:56 PM Contract ID: 07-8155-785 Call Order: 354 Letting Date: August 19, 2025 SECTION: 0001 SECTION TOTAL: $774,627.00 TRAFFIC SIGNALS ITEMS Contract Unit Price Bid Amount Line Item Number Item Quantity Number Item Description and Units Dollars Cents Dollars Cents 0010 2525-0000100 TRAFFIC SIGNALIZATION 0020 2528-8445110 TRAFFIC CONTROL 0030 2533-4980005 MOBILIZATION LUMP SUM 754,627.00 LUMP SUM 12,000.00 LUMP SUM 8,000.00 Total Bid: $774,627.00 Page 168 of 340 FHWA-1273 - Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Xl. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. Page 1 of 13 Page 169 of 340 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g) (4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: Page 2 of 13 Page 170 of 340 a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. Page 3 of 13 Page 171 of 340 b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60- 1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and HighwayProjects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141 (2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage Page 4 of 13 Page 172 of 340 determination. (2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); Page 5 of 13 Page 173 of 340 daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts -covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(3) of this section. (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the Page 6of13 Page 174 of 340 reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: Page 7 of 13 Page 175 of 340 a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractors surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractors bankruptcy estate; (4) A contractors assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; Page 8 of 13 Page 176 of 340 b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116). 5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the Page 9 of 13 Page 177 of 340 seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification - First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, Page 10 of 13 Page 178 of 340 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, Page 11 of 13 Page 179 of 340 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR Page 12 of 13 Page 180 of 340 APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Page 13 of 13 Page 181 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 General Decision Number: IA20250081 01/03/2025 Superseded General Decision Number: IA20240081 State: Iowa Construction Types: Heavy and Highway Counties: Iowa Statewide (except Scott County). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after Executive Order 14026 generally applies to January 30, 2022, or the contract is renewed the contract. The contractor must pay all or extended (e.g., an option is exercised) on or covered workers at least $17.75 per hour (or after January 30, 2022: the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. If the contract was awarded on or between Executive Order 13658 generally applies to January 1, 2015 and January 29, 2022, and the the contract. The contractor must pay all contract is not renewed or extended on or covered workers at least $13.30 per hour (or after January 30, 2022: the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/03/2025 SU1A2023 -001 02/01/2023 BRICKLAYER (BRICKLAYER/STONE MASON) Rates Fringes ZONE 1 $ 34.00 17.62 ZONE 2 $ 34.00 17.62 ZONE 3 $ 34.00 17.62 ZONE 4 $ 32.75 16.09 ZONE 5 $ 29.65 16.09 IA20250081 - 1 Page 182 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 CARPENTER AND PILEDRIVERMEN: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ** CONCRETE FINISHER: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ELECTRICIAN (STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, 2, AND 3 ZONE 4 ZONE 5 IRONWORKER: (SETTING OF STRUCTURAL STEEL) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ** LABORER: ZONE 1, 2, AND 3 GROUP AA GROUP A GROUP B GROUP C ZONE 4 GROUP AA GROUP A GROUP B GROUP C ZONE 5 GROUP AA GROUP A GROUP B GROUP C POWER EQUIPMENT OPERATOR: ZONE 1 GROUP A GROUP B GROUP C GROUP D 31.27 15.83 29.80 15.98 29.68 15.98 29.20 13.30 28.15 11.70 29.55 13.10 29.55 13.10 29.55 13.10 27.70 9.20 26.65 9.20 36.40 14.80 35.10 13.80 33.45 13.05 32.25 14.85 30.16 15.30 30.16 15.45 28.00 14.50 26.15 13.70 27.20 12.01 24.82 12.01 22.97 12.01 19.89 12.01 25.12 11.32 23.12 11.32 21.55 11.32 18.92 11.32 25.52 9.87 23.52 9.87 20.78 9.87 19.93 9.87 35.50 33.95 31.45 31.45 16.50 16.50 16.50 16.50 IA20250081 - 2 Page 183 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 ZONE 2 GROUP A GROUP B GROUP C GROUP D ZONE 3 GROUP A GROUP B GROUP C GROUP D ZONE 4 GROUP A GROUP B GROUP C GROUP D ZONE 5 GROUP A GROUP B GROUP C GROUP D 35.30 16.50 33.70 16.50 31.15 16.50 31.15 16.50 32.50 28.20 30.70 28.20 29.70 28.20 29.70 28.20 32.85 16.95 31.71 16.95 29.63 16.95 29.63 16.95 30.87 13.25 29.83 13.25 28.10 13.25 27.10 13.25 TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE DEFINITIONS 26.26 12.59 26.26 12.59 26.26 12.59 26.26 9.04 24.50 9.04 ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County Carpenters only. ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters. ZONE 3 The Cities of Burlington (including West Burlington, Clinton, Fort Madison, Keokuk, Middleton (including the Iowa Army Ammunition Plant) and Muscatine (and abutting municipalities of any such cities). ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee County and Des Moines County. ZONE 5 All areas of the state not listed above. IA20250081 - 3 Page 184 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 LABORER CLASSIFICATIONS - ALL ZONES GROUP AA — {Skilled pipelayer (sewer, water and conduits) and tunnel laborers; Asbestos abatement worker}. GROUP A — Carpenter tender on bridges and box culverts; curb machine (without a seat); CCTV* sewer inspection operator; curb machine (without a seat); deck hand; diamond & core drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator; mason tender (brick/stone); powderman tender; powderman/blaster; sign erector; saw operator; {(Zones 4 and 5) Skilled pipelayer (sewer, water, and conduits); tunnel laborer; asbestos abatement worker} *new labor classification (CCTV: closed circuit television). GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors; form line expansion joint assembler; form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled); power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair. GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier. POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt laydown machine; asphalt plant; Asphalt screed; bulldozer (finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above); dragline and power shovel; dredge engineer; excavator (over 1/2 cu. yd.); front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader (finish); push cat; rubber tired backhoe (over 1/2 cu. yd.); scraper (12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar). GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cy); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. IA20250081 - 4 Page 185 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted post driver. GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler. ** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams. WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government- contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were IA20250081 - 5 Page 186 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. Example: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because the National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. IA20250081 - 6 Page 187 of 340 PREDETERMINED WAGE RATE IA25 - 81.0 With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION IA20250081 - 7 Page 188 of 340 Doc Express® Document Signing History Contract: 07-8155-785 Document: BO 354 07-8155-785 250819 CONTRACT This document is in the process of being signed by all required signatories using the Doc Express® service. Following are the signatures that have occurred so far. Date Signed By (Signed by Contractor) (Local Public Agency Views and Signs Performance Bond) (Local Public Agency Signs Contract) (Checked by Contracts and Specifications Bureau) (Signed by Contracts and Specifications Bureau) (Marked Completed by Contracts and Specifications Bureau) Page 189 of 340 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 September 15, 2025 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. D-2025-08-01 P. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is seeking bids for demolition and site clearance services (no-RACM) for the demolition of 310 Upland Drive (the former Parkview care facility). The property is a 1-story commercial building, which is currently in the process of being abated of asbestos containing material (ACM). The City of Waterloo will look to award the demolition contract ahead of ACM removal being complete, but will not issue Notice to Proceed until abatement is complete. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $170,000. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 190 of 340 ATTACHMENTS 1 Demolition RFB Contract D-2025-08-01 P 2. Aerial - 310 Upland Dr and Sewer Details 3. 310 Upland Drive Beacon Report 4. Addendum to Exhibit B Demolition Specifications Draft 5. Bid Tab - 09.11.2025 Demolition and Site Clearance Services, Contract No. D-2025-08-01P Page 191 of 340 CITY OF WATERLOO, IOWA of WA rF 41 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] August 2025 RFB Demolition and Site Clearance Services Contract D-2025-08-01 P 310 Upland Drive, (former Parkview care facility), City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 192 of 340 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract D-2025-08-01P for the property at 310 Upland Drive (former Parkview care facility). 1.1 All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday September 11, 2025, at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: Demolition and Site Clearance Services Contract D-2025-06-03P August 21, 2025 There will not be a mandatory walk thru Thursday September 11, 2025, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-08-01 P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder@waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 2 of 28 Page 193 of 340 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, September 11, 2025, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday, September 15, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on September 15, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 3 of 28 Page 194 of 340 appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 4 of 28 Page 195 of 340 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for five (5) weeks, anticipated to be from October 10, 2025 to November 14, 2025. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 5 of 28 Page 196 of 340 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for: 310 Upland Drive (former Parkview care facility). 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 6 of 28 Page 197 of 340 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes one property: 310 Upland Drive (1 story commercial building, formerly used as the Parkview care facility. Please note: This property is being abated for asbestos containing material (ACM). The City of Waterloo is currently under contract with a contractor to remove ACM, which is anticipated to be done and has a contract period through October 1, 2025. The City of Waterloo intends to award the demolition contract ahead of ACM removal being completed, but will not issue Notice to Proceed until abatement is complete. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the property prior to bid submittal. The Planning Department is not in possession of a key. The property may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: The property is 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 property. Enter at your own risk. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 7 of 28 Page 198 of 340 expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 8 of 28 Page 199 of 340 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 9 of 28 Page 200 of 340 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 310 Upland Drive $ Total 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 sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 201 of 340 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-08-01P 310 Upland Drive (former Parkview care facility) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 11 of 28 Page 202 of 340 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 12 of 28 Page 203 of 340 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 13 of 28 Page 204 of 340 in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 14 of 28 Page 205 of 340 compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor, as well as the City of Waterloo, Iowa, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 15 of 28 Page 206 of 340 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 16 of 28 Page 207 of 340 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Deparliuent of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 17 of 28 Page 208 of 340 Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structure has been tested for asbestos containing materials (ACM), and is being abated for asbestos containing material (ACM). The City of Waterloo is currently under contract with a contractor to remove ACM, which is anticipated to be done and has a contract period through October 1, 2025. The City of Waterloo intends to award the demolition contract ahead of ACM removal being completed, but will not issue Notice to Proceed until abatement is complete. Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. The handling of asbestos material is subject to all applicable state and federal mandates. Prior to commencement of demolition activities other than utility disconnects and site preparation, the Contractor shall do a walkthrough of all structures that are to be demolished and review asbestos inspection reports (which will be provided) to look for any suspect asbestos materials not identified in the inspection reports, or materials identified as ACM in the inspection reports but missed by the abatement contractor. Contractor must sign and submit the attached Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2025-08-01P indicating that they have completed a pre -demolition walk through and have either: 1) not located any suspect asbestos materials or materials identified as asbestos containing materials, or 2) have located some suspect asbestos materials or materials identified as asbestos containing materials, with a list of materials and locations identified. Any suspect materials will be either 1) verified by either the testing contractor or abatement contractor as not ACM, or 2) tested and abated (if necessary) by the testing contractor and/or abatement contractor, and for either option the site(s) re -certified as clear of ACM. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 18 of 28 Page 209 of 340 disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. Before execution of the Contract, the Contractor shall provide details on what borrow site or sites the Contractor will use to obtain fill material. Fill material must be tested by the City's representative or third party soil testing contractor. Contractor shall place a maximum of 8" lifts (layers) between compaction, and there shall be a minimum of 3 tests by the City's representative or third party soil testing contractor per lift. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. The Contractor shall compact all backfilled areas to a minimum of 95% compaction. This will include sampling and testing of the proposed backfill material by the City's representative or third party soil testing contractor before it is placed and compacted, and sampling and testing during and after completion of compaction. Contractor will ensure City's representative or third party soil contractor is present and tests compacted material for each lift (layer) separately compacted. Contractor is responsible for communicating with the City's representative or third party soil testing contractor, and shall not bring fill material to the site that has not been tested, and shall not place additional lifts (layers) of fill material over lifts that have not been tested. Failure of the site to pass minimum compaction requirements could require that the material be re -excavated and/or re -compacted. C. Additional Fill Material: All additional fill material shall be of similar quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 19 of 28 Page 210 of 340 and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 20 of 28 Page 211 of 340 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For sites over one acre of disturbance (as this site is): 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 21 of 28 Page 212 of 340 Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 22 of 28 Page 213 of 340 option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS 310 Upland Drive: This former Parkview care facility is a large, approximately 45,250 SF commercial building with an approximate 3,000 SF basement area. This project will disturb over an acre of area, and as such additional stormwater management/SWPPP requirements apply. This site is proposed to be redeveloped into a residential development. This project includes soil compaction requirements, and the City of Waterloo will either perform in house or hire a third -party contractor to do soil testing of backfill material (both before it is backfilled, during backfilling, and after backfilling is complete) to ensure proper compaction. Driveways are to be completely removed, including the sidewalk section. No curb work required Sewer kill, additional details attached. Check with the City of Waterloo Engineering Department with questions. Water kill, no information available, check with Waterloo Water Works. 409 Upland Dr 19 • Google Street Vlew Sep 2022 See more dates Complete driveway removal, including sidewalk section Remove all trees and bushes, except those specifically noted Storm sewer manhole to remain (protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 23 of 28 Page 214 of 340 Share Private Fairway Ln. Remain (protect) Do not use for access or equipment • 2231 Fairway Ln Waterloo, Iowa • Google5tree[Mex h w - Pb UplaMDr 1 v - Private Fairway Ln. Remain (protect) Do not use for access or equipment RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 24 of 28 Page 215 of 340 EXHIBT "C" DRAFT CONTRACT CONTRACT D-2025-08-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 310 Upland Dr (former Parkview care facility) This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of September 15, 2025 by and between the City of Waterloo, Iowa ("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 10, 2025 thru November 14, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 25 of 28 Page 216 of 340 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires 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: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 26 of 28 Page 217 of 340 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 27 of 28 Page 218 of 340 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 28 of 28 Page 219 of 340 Trees to Remain (Protect Remove Trees and Overgrowth Tree to Remain (Protect Remove all Driveways and Parking Remove Approach Trees to Remain (Protect) UPLAND DR Remove Tree Remove Approach Remove all Trees Except as Noted 310 Upland Dr Remove Private Walks Trees to Remain (Protect) Trees to Remain (Protect) Fairway Ln Remove Approach Esri Community Maps Contributors, Iowa DNR, © Opei StreetMap—Mlc oft, Esn71omTom, Garmin SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA,�NP FL I SH sus Buret3 LUSFWS (m ources: Esn, Ma1xaar, Al r uPDRS, USGS, NGA, NASA, CCII R, N aZinson, NCEAS, NLS, OS, NMA = Geodatastyrelsen, Rijkswaterstaat GSA Geoland FEnterma{a, anal the—G-IS user cprr>rnun-ity-- � InC City of Waterloo, Iowa J 4,000 8,000 12,000 Feet Page 220 of 340 Pavement and Storm and Sanitary Project Project Map Insert Analysis View Edit Imagery Share Help Versioning Linear Referencing Command Search Oi rtf Qj JAMIE - City of Waterloo GIS Portal JK f "? — 5 X Paste w Cut 13 Copy Copy Path Clipboard Contents T 1F Explore "'t le " Bookmarks Go ` * To XY Navigate r 4 Search 1-7 Drawing Order E M a p A I 1 PublicWorksPatching I*/I City Roads I (Alleys 1 1 Driveway Waivers D 1 1 Floodplain Map I I TIFF Areas I 'Flood Control DI Sanitary Sewer D 1 I Storm Sewer WI Taps D E1 Water Works D El Traffic Information P EI 2022 PMS Without Sealcoat II) [I 2024 Pavement Management Data II) [I2022 Payment Management Data D Li 2020 Pavement Management Data G Pave_Historic [(Jamie Recon Streets D LIJamie Overlay Streets Existing Sidewalk PI -(Wards II) [I Platbooks [I Sidewalk Zones D [' Encroachment Agreements LIAddress Points 17 Contents 'P Pop-up A Mai o® Basemap Add EP+ z= Add Data From Path k.) XV Table To Point Data ¢o Add Graphics Layer o,+ Layer 071 Select Select By L Select By Attributes Location Selection Attributes ® Clear Zoom To 41* A !a Measure Locate Infographics Coordinate Conversion Inquiry 5,223,51)6,35E 3,648,265.51)N ftU5 �j Pause $ Lock View Unplaced ,m More Labeling Convert r Download Map *� Offline Sync Remove ..-E7 Selected FEaturI-age z1 of �4d ' DeleteR ecord k^1ATERLOOr IA 50701 TAPS DArABASE E ARCHIVE arcelN Stree Addre Desaipto Da Contras u. SumpPump .� ServiceAr Lob .� 891333252001 UPLAND DRIVE 310 Add Record Tee 98' k^! of MH which is E of Pelican. 10' deep at main. 9,6' deep at lot line, 6' tile to bldg line. 6' CI to bldg. 12/29/1965 Subdivision'. 18 Black Hawk County, IA Summary Parcel ID 891333252001 Attemate ID Property Address 310 UPLAND OR �ww022 WATERLOOBrief Tax 0.cription PARK VIEW GARDENS W75,10,23 ALL LOT 22 F3.kC THAT PARTOF LOTS 22 6.23WNICN LIES NWLYOF LINE 100 FTNORMALLY DISTSELY OF AND PAR CENTER LINE OF US HWY 63 (note: Notto be used on legal documents) Deed Book/Page 034-1401e15/910024) Contract Book/Page Adjusted Class aR na ntial MIRseas) eNote TIM is for assessment pamowsonly. ,to be used School District WATERLOO COMMUNITYSCHOOLS Neighborhood Neighborhood SWTLo•65Rs.NURSE/ASSTw Owner information TERLoo CITY OF WATERLOO WATERLOO IA50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Multi TM. Parcel Amount 2/3/2023 CASSIUS INVESTMENT GROUP LLC CITYOFWATERLDO ENT/EXEMPT 056046IZATI0N Deed $400.00eW 2023-00011273 VACANT BUILDING Deed 4312500.00 CASSIUS INVESTMENT GROUP LLC 5128/2021 AMERICANS FOR INDEPENDENT UVING 2021-00027371 TRANSFERS INTENDED TO SECURE A DEBT OR OTHER FINANCIAL OBLIGATION 2021-00025418 FORECLOSURES FORFEITURES SALESORTRANSFERS Deed Deed $185,78000 85175800 nn1/lves CARE INITIATIVES Show Deed/Contract Show Deed/Contract Land I N ore. Land sizes used f or assessment pu rposes only. Ms Is not a surrey of the property/ AMERICANS FOR INDEPENDENTLIVING Commercial Buildings Building). Nursing Home 180 umts).Brick m Block -12",15tory. Built -1966,452493E Bsmt. 29763F WAG Hot Wm - Precast Hollow Plank Adjus Building o 2,2aa15 ,Portim,Averaige Prcim,19�pyltnr m2 p orSoaker 1,1 stainless MI Mnks-(Lounge Type)3 66, 62•Canopy.70 SEConcrete.Average Pn2ng166Qty5 Yard Extras 61-111 Paving -Concrete 91005E Concrete PaMing,Low Pricing Built1966 r1-(1)Paving-Asphalt 49000 SE Asphalt Parieng.Lew Pricing, Built 1966 63-11/Shea w10.00a L2o.o02005F,Metal Shed,Average Pricing Buih1999 P4-(1)Fennng-vin05FtN411,1201E,Average Fence Pricing,OlF eate,Built ID10 85-1115.d w10.00x 1.12001205F,Framesned,Average Pricing,euilt 1966 Permits Date 2017-00021597 607-78 Non TOreycovERNMENT/ExEMPTi RGANIZATION 8 show -Mere are other parcels invoMed In oneor more of the abovesalen Deed s25.000w Dad 8199200e0 Dacriwlen Amount FC WA 09903 WA 07092 Valuation 1.112010 10/05n010 2025 Fence 700 w9nnows 19,52 Classification Residential (Mr Rae) Residential (Mr Rae) Residential (Mr Rae) Commercial Commercial + Assessed Land Value Smoyso 8110,750 $110,750 8132900 $132900 + Assessed Improvement Value 80 80 852,240 $528130 Ass.sed Di., Value $253.390 S2sa390 S2sa390 $0 GressAssessed Value S46g14o Ssu.14o Ssu.14o S4Bsm2 SnixraD • Exempt value 18364,140) (1464,140) SO SO So S334142 $185.78O $185.78O Exemptions Description Amount E86 CITY PROPERTY 364.140 Taxation Taxable Land Value + Taxable Improvement Value $51325 $81678 0 832499 $119610 $42592 + Taxable Dwelling Value $119,426 $0 • Homestead 65+ Exemption $16B T53 80 511A1n $0 $167202 80 $ $o Net TaxableValue Levy Rate lcer$1000of value) $0 $168.753 $114.177 $162202 GrossTaxes Due SOLO 87.27823 84.58647 i6604.33 As lam Creel¢ SOW SAD SAD SAD Family Farm Credit $0n0 $0n0 $0n0 $0n0 Homestead Credit ga.m Disabled and Senior Citizens Credit SOW Sow Sono Sow usinasPrnpemuedit $000 $000 $OW $OW • Nat Taxes Due Tax History 50.00 57,275.23 s458347 $6.604.33 Paid Date paid Receipt 2024 September 2025 $0 No $0 No 728596 2023 13.639 614176 Septe March $3,639 Yes 7/24/2024 September2023 $2294 Yes $2294 Yes 568649 2022 September March $so 10/.023 568649 1021 SepteMarch $0 $248 Yes 2/10/2023 423456 2021 $3302 1/10/2013 423456 March nk a 2022 s3,302 Y. 2/10/2023 September2ml $0No m 316470 September2020 w 255588 2018 Seetemberrch 2 Sn019 $1476 $0 2018 March epte edznl9 $8.945 $8.945 11/27/2019 September2019 w No Saxe yer 11/27/2019 056141 2017 March 2019 September2018 $675 Yes $0 11/29/2018 056141 2017 Seepte e 2018 $675 $0 2017 March 2019 September 2018 $0 2017 seek September r201e 822513 $22513 Y. Y. Sii2zsa0ia 056141 September 2017 03,731 $23.731 Y. Y. 6/18/2018 6/18/2018 056141 September 2017 94 056141 2016 March epce . S2017 $1068 $3.204 6/1.018 6/18/2018 056141 Pay Property Taxes Cll.. here to a orooerm tax. for Mis parcel. Page 223 of 340 Photos Sketches CA,TrY Map Polling Location View Polling Location Recent Sales In Area Sale date range: 08/12/2022 Search Sales by Neighborhood Search Sales by Subdivision Distance 1500 Homestead Tax Credit and Exemption Tac 08/12/2025 Feet Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the MilitaryService Tax Exemption Search Sales by DIseanee No data availablefor the following modulez Agricultural Land/CSR Reside., Dwellings,gricultural Buildings. Homestead.TaxSaleCertificee.Special Assesrnents.Board of lievievPetboo. ThuezTrIsttlita,vaiitl;f,owzrvs=irebsite are provided "as is" without warranty or any representation of accuracy.timelines, or completeness. Last Data Upload:8/11/2025.10:3018 Contact Us Page 224 of 340 Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2025-08-01P Date: Address or Addresses: Demolition Contractor: It is the responsibility of the demolition contractor to do a walkthrough of the entirety of all structures that are being demolished. A copy of the asbestos inspection report(s) will be provided to assist with this walk through. If any sampled or suspected asbestos containing materials are located, it is the responsibility of the demolition contract to notify the City prior to start of the demolition process. If concealed asbestos is located during the demolition, then the demolition contractor must stop work immediately and notify the City. Failure to comply with the above will make the demolition contractor responsible for any additional cost for asbestos abatement. Demolition Contractor, check ONE box below and sign ❑ I have done a pre demolition walk through and have not located any suspect asbestos materials or materials identified as asbestos containing materials. Date Signature Company ❑ or I have done a pre demolition walk through and have located some suspect asbestos materials or materials identified as asbestos containing materials. Here is a list of the materials and location: Date Signature Company Testing or Abatement Contractor, sign below if suspect materials identified I have checked the items that were identified or were suspected asbestos containing materials listed above and they were tested or abated. Site(s) are re -certified as clear of ACM. Date Signature Company Page 225 of 340 Demolition and Site Clearance Services, Contract No. D-2025-08-01P Engineering Estimate $170,000.00 September 11, 2025 Bidder Bid Security Bid Amount MIDWEST DEMOLITION CONTRACTORS, INC. WALFORD, IOWA 5% $224,700.00 PETERSON CONTRACTORS, INC. REINBECK, IOWA 5% $283,200.00 DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $242,600.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $301,570.00 Page 226 of 340 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 September 15, 2025 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. RD-2025-08-02P. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is seeking bids for demolition and site clearance services (part RACM and part no-RACM) for the demolition of 1117 Lincoln Street and 100 E 9th Street (aka 105 E 10th St). The property at 1117 Lincoln Street is a 1-story dwelling that the City has designated as an immediate threat, structurally unsound, and not able to be abated for asbestos containing material (ACM). The property at 100 E 9th Street (which is also known as 105 E 10th Street) is a 2-story commercial building (former Crystal Ice building). The structure was tested for ACM and mostly abated of ACM. The only remaining ACM is a black adhesive in a cork material between layers of concrete between the ceilings and floors. The ACM can't be safely removed by an abatement contractor prior to demolition, so must be demolished as part RACM, and once all ACM is removed, the remainder can then be demolished/removed as non-RACM. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $140,000. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION Page 227 of 340 LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation 2. Demolition RFB Contract RD-2025-08-02P 3. Aerial and Report - 1117 Lincoln St 4. Aerial and Report - 100 E 9th St Page 228 of 340 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 229 of 340 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 230 of 340 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 231 of 340 CITY OF WATERLOO, IOWA of WA TF A 4f)l Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [regulated asbestos -containing materials (RACM) in part] and [no regulated asbestos -containing materials (non-RACM) in part] August 2025 RFB Demolition and Site Clearance Services Contract RD-2025-08-02P 1117 Lincoln St (RACM), and 100 E 9th St (aka 105 E 10th St) (part RACM and part non-RACM) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 232 of 340 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract RD-2025-08-02P for the properties at 1117 Lincoln Street (RACM demo) and 100 E 9th Street (aka 105 E 10th Street, former Crystal Ice building) (part RACM demo and part non-RACM). 1.1 All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday September 11, 2025, at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Demolition and Site Clearance Services Contract RD-2025-08-02P Notice of RFB Date: August 21, 2025 Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: There will be a mandatory walk thru for 100 E 9th St (aka 105 E 10th St) on Thursday, September 4, 2025 at 1:00 p.m. We will meet at 100 E 9th St in the parking lot along E 10th St. 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 1117 Lincoln St, bidders are advised/encouraged to make their own inspection prior to bid submittal. See Section 4.3 for additional details. Thursday September 11, 2025, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT RD-2025-08-02P. 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.schroederwaterloo-ia.orq Phone: 319-291-4366 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9th St (aka 105 E 10`h St (part RACM and part no RACM). Page 2 of 32 Page 233 of 340 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, September 11, 2025, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday, September 15, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on September 15, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 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 proposal 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. Bidders 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. Bidder's ability to immediately fully staff the project with certified, licensed staff; and vi. Bidder's ability to immediately start and complete the project. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 3 of 32 Page 234 of 340 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 4 of 32 Page 235 of 340 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from September 25, 2025 to November 26, 2025. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 5 of 32 Page 236 of 340 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 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 6 of 32 Page 237 of 340 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for the RACM demolition, removal, disposal and site clearance services of 1117 Lincoln St, as well as the part RACM and part non-RACM demolition, removal, disposal and site clearance services of 100 E 9th St (aka 105 E 10th St, former Crystal Ice building). 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes two properties. 1117 Lincoln St is a 1 story dwelling that the City has designated as an immediate threat, structurally unsound, and not able to be abated for asbestos containing material (ACM). 100 E 9'h St (aka 105 E 10th St) is a 2 story commercial building (former Crystal Ice building). The structure was tested for ACM and mostly abated of ACM. The only remaining ACM is a black adhesive in a cork material between layers of concrete between the ceiling and floors. The ACM can't be removed without complete removal of the floor/ceiling the material is connected to, and the floors/ceilings can't be safely removed by an abatement contractor prior to demolition. The structures must be treated as Regulated Asbestos Containing Material (RACM), and their demolition and removal, including basements and cement slabs, must be handled as such. The structure and basement must be demolished and removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein, or be working with a licensed asbestos contractor. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. Per DNR requirements, all debris will be RACM, except that metal, brick, and concrete can potentially be sorted, cleaned, and certified as free of ACM by a licensed asbestos contractor, and then disposed of as non-RACM material to the landfill, a rubble fill site, or recycling facility as appropriate. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 A mandatory walkthrough will be required for 100 E 9' St (aka 105 E 10'h St) on Thursday, September 4, 2025 at 1:00 p.m. (meet at 100 E 9'h St in the parking lot along E 10'h St). Bidders that do not have a representative in attendance at the walk thru are not eligible to bid on this contract. The property was tested and partially abated for asbestos, but has remaining RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 7 of 32 Page 238 of 340 ACM that could not be safely abated. Discussion at the walk thru will include how to proceed with the part RACM and part non-RACM demo. There will not be a mandatory walkthrough for 1117 Lincoln St. Bidders are advised/encouraged to make their own inspections of the property prior to bid submittal. The Planning Department is not in possession of a key. The properties may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. 1117 Lincoln St is in very poor condition, and it is not advisable that you enter the property. Enter at your own risk. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 8 of 32 Page 239 of 340 SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 9 of 32 Page 240 of 340 otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 10 of 32 Page 241 of 340 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 1117 Lincoln Street (RACM) $ 100 E 9th Street (aka 105 E 10th Street) (part RACM and part non-RACM) $ Total $ Total 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 sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. RACM DEMOLITION. This contract includes demolition of buildings with regulated asbestos containing materials (RACM), requiring a licensed asbestos contractor Please check one: Our company is a licensed asbestos contractor. Our company is not a licensed asbestos contractor. Our company anticipates hiring the following subcontractor that is a licensed asbestos contractor: ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 242 of 340 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT RD-2025-08-02P 1117 Lincoln St (RACM demo) and 100 E 9th St (aka 105 E 10t" St) (part RACM and part non-RACM demo) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Reserved. E. Reserved. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 12 of 32 Page 243 of 340 Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 13 of 32 Page 244 of 340 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 14 of 32 Page 245 of 340 responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 15 of 32 Page 246 of 340 to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 1A— REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The property at 1117 Lincoln Street has been declared unsafe to enter. Therefore, the structure has not been tested for asbestos. The property at 100 E 9th Street (aka 105 E 10th Street) has been partially abated. All structural debris must be treated and handled as RACM, except as provided herein. Demolition and removal of structures, including basements and cement slabs of basement -less structures, must be accomplished in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM, or be directly working with a subcontractor that is a licensed asbestos contractor who obtains all permits. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end -gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACM. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 16 of 32 Page 247 of 340 Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. Per DNR requirements, all building debris will be RACM, except that metal, brick, and concrete can potentially be sorted, cleaned, and certified as free of ACM by a licensed asbestos contractor, and then disposed of as non-RACM to the landfill, a rubble fill site, or recycling facility as appropriate. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor, as well as the City of Waterloo, Iowa, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 17 of 32 Page 248 of 340 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 18 of 32 Page 249 of 340 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. There will be no separation of any RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 19 of 32 Page 250 of 340 of the before listed materials as it relates to 1117 Lincoln Street, as the structure has been identified as unsafe to enter. D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The property at 1117 Lincoln Street will have no asbestos abatement, as the structure has been identified as unsafe to enter, and RACM. The property at 100 E 9th Street (aka 105 E l0th St) was tested and partially abated, but has remaining ACM that could not safely be abated, and must be abated as a partial RACM demolition. The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 20 of 32 Page 251 of 340 C. Additional Fill Material: All additional fill material shall be of similar quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 21 of 32 Page 252 of 340 Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction within City Right -of -Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For sites over one acre of disturbance (as one site is): 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 22 of 32 Page 253 of 340 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 23 of 32 Page 254 of 340 discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS 1117 Lincoln St: This 1-story home has a chain link fence along a portion of the north property line that is the abutting property owner's fence, and is to remain (protect). All overgrowth up to the fence is to be removed. There are several smaller trees in the middle of the rear of the lot to be removed, and then several trees right along the south side of the dwelling to be removed. There is a large tree near the south property line next to a shed. This tree and shed are the abutting property owner's, and are to remain (protect). There is an alley along the rear that can be used for access, but there is an overhead electric line (remain/protect) between the alley and the property. View along north property line looking west Fence to Remain (protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 24 of 32 Page 255 of 340 Tree and shed to Remain (protect) View along south property line looking east Tree and shed to Remain (protect) View along north property line looking east RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 25 of 32 Page 256 of 340 - 100 E 9th St (aka 105 E 10th St): This property was a former Crystal Ice building. All trees on this property are to be removed. The property extends from the right-of-way of E 9th St to the right-of-way of E 10th St, and has driveway approaches and driveways to be removed along both E 9th St and E 10th St. See attached aerial photo for "cut line" for where the driveway and pavement areas for the abutting privately owned property at 106 E 9th St will remain (protect). The property at 106 E 9th St recently built encroachments (asphalt paving and a fence with gate) onto the property in question. These encroachments (pictured below) are to be removed, if not already removed at time of demolition). The below pictured loading dock, which extends onto the property at 1112 Sycamore St (which is also owned by the City) is also to be removed. E 10th St Remain (protect) Remove 1112 Sycamore St Remain (protect), also owned by City Remove Trees • Remove Loading Dock RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 26 of 32 Page 257 of 340 Remain (protect) Remove driveway approach k Remain (protect) Property corner marked by lath Remove Cut Line, property corners marked Property corner marked by paint RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 27 of 32 Page 258 of 340 Cut Line, property corners marked Remove Property corner marked by lath 106 E 9th St Remain (protect), privately owned RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 28 of 32 Page 259 of 340 EXHIBT "C" DRAFT CONTRACT CONTRACT RD-2025-08-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES 1117 Lincoln Street (RACM demo), and 100 E 9th Street (aka 105 E 10th Street) (partial RACM demo and partial non-RACM demo) This Contract for Demolition and Site Clearance Services part RACM) (the "Contract") is entered into as of September 15, 2025 by and between the City of Waterloo, Iowa ("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of September 25, 2025 thru November 26, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 29 of 32 Page 260 of 340 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires 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: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 30 of 32 Page 261 of 340 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 31 of 32 Page 262 of 340 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 32 of 32 Page 263 of 340 Tree to Remain (Protect) Fence to Remain (Protect) Overhead Electric (Protect) Tree to Remain (Protect) Shed to Remain (Protect) 1•11- Remove Trees + Overgrowth 1123 Lincoln St 1117 Lincoln St 1111 Lincoln St Tree to Remain (Protect) CO -J 0 U J Remove Private Walk Remove Trees + Overgrowth Esri Community Maps Contributors, to a DNR, © OpenStr etMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, Ge Technologies, Inc, ETI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, U FWS, Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCE S, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, ceoland, FEMA, Intermap, and the GIS user community Citly of Waterloo, Iowa Deno 'IAA of 1.411 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891314430009 Property Address rrrw1ar WATERLOO IA509n3 Brief Tag Description 1N44.3lo� oADDITION °�'a 9144almements) Deed Bool.age 024-24891 a1/16/2414) contract Book/Page Clara (N :Th�rorassessment purposes oniv.Nottoheused ro.. amsl Di.. 940001-WATERLOO CITY/WATERLOO SCH School District WATERLOO COMMUNDYSCHOOLS Neighborhood Neighborhood Owner im information Deed Mall To WATERLOO Address Change Form Link to the Address Change Form Sales Date Seller Type Multi Parcel Amount 5/28/1985 Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot 50.00 130.00 woe'. Land sires usmfor assessm. vurws nlv.rhia is not a survey ormeproperty/ Residental Dwellings Residential Owelling Occupancy Single-FamliY Style 1Story Frame Architectural Style N/A Year Built 1895 Exterior Material Asb Total Gross LMngAxa Num. of Rooms 5 above,Pelow Number ofBedrooms e.5yx .o began Basement Basement Area 804 Basement Finished Area Plumbing 15tandard Bath: Ce.al Air Heat Y. Fireplaces Porches 1S Fa me Enclosed 1126SO4 Deds Additions 15tn,Framen20 8Fl; Permits Date Description Contract Amount FC 07/10/2025 WA HA1014 Valuation 09/22/2004 2025 2024 M. 2023 2022 2021 Classification Residential Residential Residential Residential Residential • Assessed Land Value + Assessed Improvement Value 80 So 80 • Asessed Dwelling Value Sa0950 $28550 $28550 $211m $211m Gross Assessed Value $41.320 341320) $34,20 80 $34$2o $0 $13,54O 80 Exemptions Daarrlwlon Amount m $34.920 $34.920 $27.540 $2754O 80 $2]340 CIN PROPERTY Taxation 41.320 2.4 Pay 2025-2026 2023 Pay 2024-202-5 Pay 2023-2024 2021 Pay 2022-2023 83,021 $2952 $3,481 $3,448 $O 80 + Taxable Dwelling Value $13542 $13231 811569 $11.459 06.563 08,183 $15450 410.583 80 80 80 $0 4 Dvv awre l4810oom value) $16563 $16.183 40.18730 $14.907 3949908 435753 $692.96 $604.82 Ssaset As land Credit $000 $000 $000 $000 Family Farm Credit $0.00 $00O $000 $0.0O Homestead Credit $0.00 $0.00 SO.00 $0.00 Disabled and Senior Citizens Credit $000 $000 $000 $000 Business Property C.It $O.00 $0.00 Net Tares Clue Tax History Due .e $75753 S65.6 $604.82 45ee81 Amount Paid Date paid Receipt 2024 September 2025 $379 No $399 No 708867 202, September 2024 $349 Yes $349 Yes 631963 September2023 $302 Y. Yes 513367 2021 Ma. 2023 September 2022 8294 472143 September 2021 8409 373373 2019 Ma.September 2020 237553 2018 March 2020 September 2019 037537 2017 Ma. 2019 September.. 814 k 037537 2017 March 2019 September 2018 $41 037537 2017 September Zola 037537 2016 March 2018 September 2017 $0 037537 2016 epte Mar cher 2017 $ 899 vee 037537 2016 Pay Property Taxes Ma. 2018 September 2017 rink here to pay property tam for the parer. Photos $313 $313 037537 Page 265 of 340 Sketches 12 17 RR 21 Sitetch by mew Gana Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 08/12/2022 Search Sales by Neighborhood [ Search Sales by Subdivision [ 01.nox 1500 Homestead Tax Credit and Exemption 08/12/2025 Feet Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption The maps and data available f or access at this User Alva, Policy I GDPR Privacy Notice Last Data Uoloa./11/2025.10:30:18 Pm Search Sales by Distance Contact I, Page 266 of 340 Cut Line Remove Driveway Powerline (Protect) Fire Hydrant Remove all overgrowth .25 Driveway Remain (protect) 106 E 9th St Remain (protect) 1112 Sycamore St Remain (protect) (City property) Remove all trees and overgrowth 100E 9th St aka 105 E 10th St Fire Hydrant i J��Nrs Remove Dock Esri Community Mj,ps Contributors, I wa DNR, © OpenStreetMap, Microsoft, Esri, TomTom,�\arm� in, SafeGraph, Geo' hnologies, Inc, METI/NASA, USGS, EPA, NPS, Ui�__.. Cs Bureau, USDA, USFWources: Esri, Maxar,/Airbus DS, USGS, NA, NASA, CGIAR, N Robinson' NCEAS, N,LS, OS, NMA, Geodatas$'�relsen, Rijkswat'• staat, GSA, Geoland, FEfv�IA, Inter rap, and the GIS user community Citly of Waterloo, Iowa Deno0A7„f1.411 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891325179013 Alternate ID Property Address 100 E 9TH ST 105 E 10TH ST WATERLOO IA 50703 Sec/Twp/Rng N/A Brief ORIGINAL PLAT WATERLOO EAST LOT 5 AND LOTS 8 THRU 10 AND SELY 53 FT Tax Description LOT 6 AND SELY 53 FT LOT 7 AND NWLY 100 FT OF SWLY 20 FT LOT 7 ALL IN BLK 20 (Note: Not to be used on legal documents) Deed Book/Page 2014-012510(12/20/2013) Contract Book/Page Adjusted CSR Pts 0 Class C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) District 940001- WATERLOO CITY/WATERLOO SCH TIF District 941041 - WATERLOO RIVERFRONT UR TIF School District WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *WAREHOUSE/SHOP WA-E Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Show Deed/Contract Show Deed/Contract Land Lot Area 1.02 Acres ;44,344 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Total GBA 19,700 SF Building 1: Warehouse (Storage), Solid Brick - 8", 2 Story, Built -1902, 9600 SF, Bsmt - 9600 SF, HVAC - No HVAC / Combination FHA - AC, Roof - Rubber Membrane/Conc Adjustments: Office - internal w/heat only, 220 SF Heat - none, 9390 SF Canopy- Metal, 36 SF Loading Dock, 36 SF Floor - dock level adjustment, 9600 SF Addition 1: Warehouse (Storage), Wood - Frame, 1 Story, Built -1950, 500 SF, Bsmt - 0 SF HVAC - No HVAC, Roof - Asph. Shingle/ Wood Dk Adjustments: Heat - none, 500 SF Floor - dock level adjustment, 500 SF Plumbing: 2 -Toilet Room Building Extras: #1- Elevator - Freight Hydraulic, Power Elev, 100 Feet/Min, 3 Stops, Manual Door, 6,000 LB Capacity, 1960, Qty1 #2- CONC PANELS, Quantity=20,272.00, Units=SFSA, Height=10, 1980, Qty1 #3- MTL BRZWY, Quantity=448.00, Units=Square Feet, Height=8, 1902, Qty1 Yard Extras #1- (1) Paving - Asphalt 8,600 SF, Asphalt Parking, Average Pricing, Built 1960 #2 - (1) Paving - Concrete 800 SF, Concrete Parking, Average Pricing, Built 1960 Permits Permit # Date Description Amount FC 07/23/2023 Demo/Rmvl 0 WA 04162 07/19/2012 Misc 1,142 Page 268 of 340 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial E + Assessed Land Value $50,450 $50,450 $30,270 $30,270 $30,270 + Assessed Improvement Value $104,790 $104,790 $59,640 $59,640 $75,610 + Assessed Dwelling Value $0 $0 $0 $0 $0 = Gross Assessed Value $155,240 $155,240 $89,910 $89,910 $105,880 - Exempt Value = Net Assessed Value Exemptions Code Description ($155,240) ($155,240) ($89,910) ($89,910) ($105,880) $0 $0 $0 $0 $0 Amount E86 CITY PROPERTY 155,240 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value so so $0 $0 + Taxable Improvement Value + Taxable Dwelling Value so so so so so so so so = Gross Taxable Value $0 $0 $0 $0 - Homestead 65+ Exemption $0 $0 $0 $0 - Military Exemption $o $o $o $o = Net Taxable Value $o $o $o $o x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $0.00 $0.00 $0.00 $0.00 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $0.00 $0.00 $0.00 $0.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 rch 2025 September 2024 $0 No $0 No 621830 2022 March 2024 September 2023 $0 No $0 No 534639 2021 March 2023 September 2022 $0 No $0 No 2020 2019 March 2022 September 2021 $0 No $0 No 429806 350009 March 2021 September 2020 Pay Property Taxes Click here to pay property taxes for this parcel. Photos so No 210065 $0 No Page 269 of 340 Sketches MTL BRZWY [448] SDK=_[oh by W.1.wm0v eon.COM 64 OFF 7 150 B1.25 B BRK [9600] 10 50 A2.15 FR [500] CANOPY [36] WO DOCK [36] Page 270 of 340 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 10/03/2021 Sales by Neighborhood Sales by Subdivision To: 10/03/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Sales, Agricultural Land/CSR, Residental Dwellings, Agricultural Buildings, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 10/3/2024, 12:11:42 AM Contact Us J SCHGNEIIATIAL DER Page 271 of 340 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Request by E & A Properties, LLC, for an appeal of the City Engineer to allow for automobiles to be parked in the city -owned right-of-way of West 16th Street northeast of Jefferson Street, in the "M-1" Light Industrial District. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting an appeal to the City Engineer to permit automobile parking in the City - Owned right-of-way of West 16th Street, thereby providing additional vehicle parking for their new building adjacent to the request. City staff developed a parking policy sheet with six items to be examined when a request such as this was brought before the Commission: 1) The street upon which the parking is proposed is not a major thoroughfare, but is instead classified as a local street and /or is limited in length for connectivity (i.e. West 16th is only 3 blocks long in total length) 2) There is sufficient right-of-way for proper parking designs and pedestrian movements to continue to be accommodated if necessary 3) The approval of the request aids infill development and Smart Growth policies for the City of Waterloo 4) The approval will not negatively impact access to any major infrastructure or utility needs in area (recognizing there may be utilities in many requests, so this may be oversized or arterial -type lines with uniqueness for access needs) 5) The requested area is properly hard surfaced, drained, and graded to allow for a smooth transition from road to parking and matches or improves roadway surface. 6) The request is compatible in design to other nearby development areas and projects. It would appear that the request meets or will meet all six items of the parking policy once constructed; therefore, it should be recommended for approval. The right-of-way of West 16th Street is 65 feet wide and the actual street appears to be about 21 feet wide therefore there should be plenty of room for the parking. Therefore, staff recommends that the request by E & A Properties, LLC for an appeal of the City Engineer to allow for automobiles to be parked in the City -owned right-of-way of West 16th Street Page 272 of 340 northeast of Jefferson Street in the "M-1" Light Industrial District be approved for the following reasons: 1. The street in question is a low traffic street with other businesses utilizing the right-of-way for parking vehicles. 2. Allowing this parking would appear to encourage infill development of a small size lot that would be difficult to develop due meeting normal parking standards. 3. This portion of West 16th Street is an 65' right-of-way, allowing sufficient room for vehicles to park in the area requested, without overhanging the sidewalk or the street. Subject to the following condition: The parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of the city engineer. 1. The parking area will not block the sidewalk or street system in the area. 2. The parking area cannot interfere with the overhead power lines along West 16th Street. The Planning, Programming, and Zoning Commission has recommended, and the City Council has approved other similar requests, including one along West 9th Street west of Commercial on September 25, 2017, and adjacent to 226 West 13th Street on December 19, 2016. The Complete Streets Advisory Committee voted unanimously to recommend that a sidewalk be installed along West 16th Street, however at the Technical Review Committee, it was noted that 16th Street is narrower than some of the other adjacent streets, and that it would not work to add the parking and provide the sidewalk, so it was not recommended that a sidewalk be required. NEIGHBORHOOD IMPACT It would not appear that the request would have a negative impact on the neighborhood. Other businesses along other streets in the area appear to utilize parking in the City right-of-way and have for some time. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The request is to be heard at the September 2, 2025 Planning, Programming, and Zoning Commission meeting. SOURCE OF EXPENDITURES N/A Page 273 of 340 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Staff Report - EA 2. Overview Map - E & A 3. Aerial Map - E & A Motors 4. 2025_0718 E A Properties Commercial Building - Concept Exhibit Page 274 of 340 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: September 9, 2025 Request by E & A Properties, LLC for an appeal of the City Engineer to allow for automobiles to be parked in the City -owned right-of-way of West 16th Street northeast of Jefferson Street in the "M-1" Light Industrial District. E & A Properties, LLC, 4037 University Avenue, Waterloo, Iowa 50701 The applicant is requesting to allow parking in the City right-of-way of West 16th Street as part of the construction of a commercial building. It would not appear that the request would have a negative impact on the neighborhood. Other businesses along other streets in the area appear to utilize parking in the City right-of-way and have for some time. The request would not appear to have a negative impact on traffic conditions in the area. 16th Street is only three blocks long and does not connect with either US Highway 218 or crosses the Cedar River which limits the amount of through traffic. The 218 Trail runs along Highway 218, one block southwest of the site in question. The lot in question is zoned "M-1" Light Industrial District, and has been zoned as such since the adoption of Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Commercial zoned "M-1" Light Industrial District South — Jefferson Street and Commercial zoned "M-1" Light Industrial District East — Mix of Residential and Commercial zoned "M-1" Light Industrial District West — Mix of Residential and Commercial zoned "M-1" Light Industrial District Commercial built between 1948 and 1997, residential built between 1906 and 1939. No additional screening would be required. The applicants will need to ensure that the lot is properly graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance. The property in question is not in a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. 09/03/2025 Parking Appeal - West 16'h Street Page 275 of 340 September 9, 2025 Picture 1: 16th Street right-of-way looking toward Commercial Street. Picture 2: Lots where building is proposed 09/03/2025 Parking Appeal — West 16th Street Page 276 of 340 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: September 9, 2025 Lowell Elementary School is located 0.231 miles to the west, Hoover Middle School is located 2.29 miles to the southwest, and East High School is located 1.15 miles to the north. Riverview Recreation Area is located 0.943 miles to the southeast. There is both a 15" and 60" sanitary sewer line located in Jefferson Street, a 10" storm sewer located in West 16th Street, a storm sewer located in the alley between Jefferson Street and Commercial Street, and a 4" drain tile along the northeast side of Jefferson Street. There are overhead power lines along the northeast side of Jefferson Street and the southeast side of West 16th Street. One of the power poles would be located within the proposed parking area and additional design details will be required prior to construction. The Future Land Use Map designates this area as Industrial. The applicants are requesting an appeal to the City Engineer to permit automobile parking in the City -Owned right-of-way of West 16th Street, thereby providing additional vehicle parking for their new building adjacent to the request. City staff developed a parking policy sheet with six items to be examined when a request such as this was brought before the Commission: 1) The street upon which the parking is proposed is not a major thoroughfare, but is instead classified as a local street and /or is limited in length for connectivity (i.e. West 16th is only 3 blocks long in total length) 2) There is sufficient right-of-way for proper parking designs and pedestrian movements to continue to be accommodated if necessary 3) The approval of the request aids infill development and Smart Growth policies for the City of Waterloo 4) The approval will not negatively impact access to any major infrastructure or utility needs in area (recognizing there may be utilities in many requests, so this may be oversized or arterial -type lines with uniqueness for access needs) 5) The requested area is properly hard surfaced, drained, and graded to allow for a smooth transition from road to parking and matches or improves roadway surface. 6) The request is compatible in design to other nearby development areas and projects. It would appear that the request meets or will meet all six items of the parking policy once constructed; therefore, it should be 09/03/2025 Parking Appeal — West 16'h Street Page 277 of 340 September 9, 2025 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: recommended for approval. The right-of-way of West 16th Street is 65 feet wide and the actual street appears to be about 21 feet wide therefore there should be plenty of room for the parking. The Planning, Programming, and Zoning Commission has recommended, and the City Council has approved other similar requests, including one along West 9th Street west of Commercial on September 25, 2017, and adjacent to 226 West 13th Street on December 19, 2016. The Complete Streets Advisory Committee voted unanimously to recommend that a sidewalk be installed along West 16th Street. A condition was going to be added to the request requiring a sidewalk to be installed, but after discussions at Tech and a closer look at the street, which is narrower than some of the other streets, it was determined that a sidewalk would not work, and the condition was removed. There is no platting required as a part of this request. Therefore, staff recommends that the request by E & A Properties, LLC for an appeal of the City Engineer to allow for automobiles to be parked in the City -owned right-of-way of West 16th Street northeast of Jefferson Street in the "M-1" Light Industrial District be approved for the following reasons: 1. The street in question is a low traffic street with other businesses utilizing the right-of-way for parking vehicles. 2. Allowing this parking would appear to encourage infill development of a small size lot that would be difficult to develop due meeting normal parking standards. 3. This portion of West 16th Street is an 65' right-of-way, allowing sufficient room for vehicles to park in the area requested, without overhanging the sidewalk or the street. Subject to the following condition: 1. The parking area would need to graded, drained and hard surfaced per Section 10-25-2(D) of the Zoning Ordinance and meet specifications of the city engineer. 2. The parking area will not block the sidewalk or street system in the area. 3. The parking area cannot interfere with the overhead power lines along West 16th Street. 09/03/2025 Parking Appeal — West 16'h Street Page 278 of 340 City of Waterloo Planning, Programming and Zoning Commission September 9, 2025 WILLISTON AVE 16th Street north of Jefferson Street Parking in city ROW E & A Properties, LLC W 4 J: City of Waterloo Planning, Programming and Zoning Commission September 9, 2025 Area of proposed parking in City -owned right-of-way Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community West 16th Street north of Jefferson Street Parking in City Right -of -Way E & A Properties, LLC Pnnn 9911 of ZA W ,Ali_ ,. SITE DEVELOPMENT PLAN E & A PROPERTIES COMMERCIAL BUILDING SITE ADDRESS: N/A PARCEL ID: 891325455008 & 891325455007 OWNER: E & A PROPERTIES LLC 4037 UNIVERSITY AVE WATERLOO, IOWA, 50701 ZONING: M-1 LOT SIZE: 16889.56 SF / 0.39 ACRE SETBACK REQUIREMENTS FRONT: 25' REAR: 25' SIDE: SAME AS R-4 / 5' PARKING: REQUIRED PER SEC. 10-25-2, D.3. M-1 ONE (1) PARKING SPACE FOR EACH FIVE HUNDRED (500) SQUARE FEET OF FLOOR AREA CALCULATIONS: TOTAL FLOOR AREA = 9975 SF / 500 = 20 SPACES REQUIRED PARKING = 20 SPACES PROVIDED PARKING = 13 SPACES FLOOD PLAIN: ZONE X PER FIRM MAP 19013C0302F, EFF. 7/18/2011 STORM WATER MANAGEMENT: 100-YEAR DEVELOPED DETENTION WITH 5-YEAR PRE -DEVELOPED RELEASE RATE CC W ICI W, W °1^i V CONCEPT EXHIBIT E & A PROPERTIES COMMERCIAL BUILDING PN: N/A E & A PROPERTIES LLC 1/1 7/17/2025 CONCEPT Page 281 of 340 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 September 15, 2025 AGENDA ITEM TITLE Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the rehabilitation of 627 W. 3rd Street, including an acquisition grant of $33,500.00, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Iowa Heartland Habitat for Humanity purchased 627 W. 3rd Street from Throndson Rentals for $33,500.00. Habitat will rehabilitate the home and turn it into an owner -occupied dwelling. The City will provide a grant of $33,500.00 to reimburse Habitat for the purchase of the home through the Development Agreement. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the neighborhood, as Iowa Heartland Habitat for Humanity is rehabilitating a vacant, deteriorating home into an owner -occupied renovated home. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuissance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The Northeasterly 50 feet of the Southwesterly 70 feet of Lots 6 and 7; and the Northwesterly 40 feet Page 282 of 340 of the Southwesterly 70 feet of Lot 8, except the Southwesterly 20 feet of the Northwesterly 20 feet of said Lot 8; all in Block 33 in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. 627 W 3rd Deed 2. Purchase Agreement 627 W 3rd St 3. 627 W 3rd St - Habitat D.A. Page 283 of 340 Taxpayer/Return To: Iowa Heartland Habitat for Humanity, 803 W. 5th St., Waterloo, IA 50702 Preparer: Kirsten N. Juhl, P.O. Box 532, Cedar Falls, IA 50613, Phone: 319-529-9867 WARRANTY DEED rr'�i7e (CORPORATE GRANTOR) For the consideration of One Dollar(s) and other valuable consideration, Throndson Rentals, L.L.C., an Iowa limited liability company, does hereby Convey to Iowa Heartland Habitat for Humanity, an Iowa non-profit corporation, the following described real estate in Black Hawk County, Iowa: The Northeasterly 50 feet of the Southwesterly 70 feet of Lots 6 and 7; and the Northwesterly 40 feet of the Southwesterly 70 feet of Lot 8, except the Southwesterly 20 feet of the Northwesterly 20 feet of said Lot 8; all in Block 33 in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property as described in Iowa Code Section 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. The Company hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: April y , 2025. STATE OF IOWA, COUNTY OF CN1umSPCW This record was acknowledged before me on April 4 Managing Member of Throndson Rentals, L.L.C. THRONDSON RENTALS, L.L.C., an Iowa limited liability company JENNIFER EWERT r Commission Number 772660 My Commission moires April 20, 2027 w son, Managing Member , 2025, by August Throndson, as Signature of Notary Public Page 284 of 340 RESIDENTIAL PURCHASE AGREEMENT TO: Throndson Rentals LLC ("SELLERS") FROM: Iowa Heartland Habitat for Humanity, an Iowa non-profit corporation ("BUYERS") The undersigned BUYERS hereby offer to buy and the undersigned SELLERS by their acceptance agree to sell the real property situated in Black Hawk County, Iowa, locally known as 627 W 3rd St, Waterloo, Iowa, and legally described as: THE NORTEASTERLY FIFTY (50) FEET OF THE SOUTHWESTERLY SEVENTY (70) FEET OF LOTS NOS. SIX (6) AND SEVEN (7); AND THE NORTHWESTERLY FORTY (40) FEET OF THE SOUTHWESTERLY (70) FEET OF LOTS NO. EIGHT (8), EXCEPT THE SOUTHWESTERLY TWENTY (20) FEET OF THE NORTHWESTERLY TWENTY (20) FEET OF SAID LOT NO. EIGHT (8), ALL IN THE BLOCK NO. THIRTY-THREE (33), IN THE ORIGINAL PLAT, ON THE WEST SIDE OF THE CEDAR RIVER, THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. Parcel ID: 891326255007 together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $33,500.00 payable in cash at closing, with adjustment for closing costs to be added or deducted from this amount. This Agreement is not contingent on BUYERS obtaining financing. 2. REAL ESTATE TAXES. A. SELLERS shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the Property, including any unpaid real estate taxes for any prior years EXCEPT the currently outstanding tax sale, which BUYERS will pay to redeem. B. BUYERS shall pay all subsequent real estate taxes. 3. SPECIAL ASSESSMENTS. SELLERS shall pay in full all special assessments which are a lien on the Property as of the date of acceptance of this Agreement. All charges for solid waste removal, sewage and maintenance that are attributable to SELLERS' possession, including those for which assessments arise after closing, shall be paid by SELLERS. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLERS through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLERS. BUYERS shall pay all other special assessments. 4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYERS shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYERS timely perform all obligations, possession of the Property shall be delivered to BUYERS on or before Thursday, April 10, 2025, and any adjustments ©The Iowa State Bar Association 2020 Form No. 152, Residential Purchase Agreement IowaDocs® Revised March 2018 Page 285 of 340 of rent, insurance, taxes, interest and all charges attributable to the SELLERS' possession shall be made as of the date of possession. Closing shall occur after approval of title by buyers' attorney and vacation of the Property by SELLERS, but prior to possession by BUYERS. SELLERS agree to permit BUYERS to inspect the Property within 24 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed upon the delivery of the title transfer documents to BUYERS and receipt of all funds then due at closing from BUYERS under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: attached wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, screens, television antennas (including satellite dishes), air conditioning equipment (except window type), door chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs and plants. Also included shall be the following at no additional value: The following items shall not be included: N/A 7. CONDITION OF PROPERTY. A. The property as of the date of this Agreement including buildings, grounds, and all improvements will be preserved by the SELLERS in its present condition until possession, ordinary wear and tear excepted. B. BUYERS acknowledge that they have made adequate inspection of the real estate and waive all further inspection, accepting the Property "AS IS, WHERE IS." 8. ABSTRACT AND TITLE. BUYERS, at their expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to their attorney for examination. It shall show merchantable title in SELLERS in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The SELLERS shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLERS' inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of BUYERS when the purchase price is paid in full. BUYERS shall pay the costs of any additional abstracting and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees. 9. SURVEY. BUYERS may, at BUYERS' expense prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, BUYERS shall pay the cost thereof. 10. ENVIRONMENTAL MATTERS. SELLERS warrant to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos or urea -formaldehyde foam insulation which require remediation under current governmental standards, and SELLERS have done nothing to contaminate the Property with hazardous wastes or substances. SELLERS warrant that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, ©The Iowa State Bar Association 2020 Form No. 152, Residential Purchase Agreement IowaDocs® Revised March 2018 Page 286 of 340 regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SELLERS shall also provide BUYERS with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, burial sites, solid waste disposal sites, private sewage disposal systems, hazardous waste and underground storage tanks on the Property. 11. DEED. Upon payment of the purchase price, SELLERS shall convey the Property to BUYERS by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYERS. 12. Intentionally omitted. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 14. REMEDIES OF THE PARTIES. A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLERS' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYERS' default (during which thirty days the default is not corrected), SELLERS may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 15. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the address given below. 16. CERTIFICATION. BUYERS and SELLERS each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 17. GENERAL PROVISIONS. A. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. B. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. C. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular ©The Iowa State Bar Association 2020 Form No. 152, Residential Purchase Agreement IowaDocs® Revised March 2018 Page 287 of 340 or plural number, and as masculine, feminine or neutral gender according to the context. D. This Agreement supersedes all prior discussion and agreements between the parties hereto with respect to the subject matter hereof. E. This Agreement cannot be changed or terminated or any performance or condition waived in whole or in part except by a writing signed by the party against whom enforcement of the changes, termination or waiver is sought. 18. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. SELLERS represent and warranty that the Property is not served by a private sewage disposal system, and no such system exists at the Property. 19. REPRESENTATION. Neither party has used the services of a real estate agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless the other party from and against all claims, costs, liabilities and expense (including court costs and reasonable attorney's fees) incurred by the other party as a result of a breach of this representation, which shall survive closing. 20. CLOSING COSTS. BUYERS agree to arrange for and pay the following closing costs associated with this transaction. A. Deed preparation in accordance with Paragraph 11, to be completed by BUYER'S attorney. B. Recording fee for the deed. C. Abstract creation and update. D. County Transfer Tax. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. Date: [name] (SELLER) [name] (SELLER) Current Address: Address after Closing: Phone number: Email: 9iR,oi-4..) Ali Parrish (Mar 11, 202514:21 CDT) Iowa Heartland Habitat for Humanity Ali Parrish, Executive Director (BUYER) Current Address: 803 W. 5th St. Waterloo, IA 50702 Address after Closing: 803 W. 5th St. Waterloo, IA 50702 Phone number: (319) 235-9946 Email: aparrish@webuildhabitat.org; mwittmayer@webuildhabitat.org ©The Iowa State Bar Association 2020 Form No. 152, Residential Purchase Agreement IowaDocs® Revised March 2018 Page 288 of 340 Purchase Agreement_627 W 3rd St Final Audit Report 2025-03-11 Created: 2025-03-11 By: Mandy Wittmayer (mwittmayer@webuildhabitat.org) Status: Signed Transaction ID: CBJCHBCAABAAMMsRZeAOinmid1Y5ga4kRDb0AcrFB_Gc "Purchase Agreement_627 W 3rd St" History Document created by Mandy Wittmayer (mwittmayer@webuildhabitat.org) 2025-03-11 - 7:15:49 PM GMT Document emailed to Ali Parrish (aparrish@webuildhabitat.org) for signature 2025-03-11 - 7:15:56 PM GMT Email viewed by Ali Parrish (aparrish@webuildhabitat.org) 2025-03-11 - 7:19:33 PM GMT £ 6 Document e-signed by Ali Parrish (aparrish@webuildhabitat.org) Signature Date: 2025-03-11 - 7:21:06 PM GMT - Time Source: server 0 Agreement completed. 2025-03-11 - 7:21:06 PM GMT iri Adobe Acrobat Sign Page 289 of 340 Preparer: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (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. Company owns the real property locally known as 627 W 3rd Street, Waterloo, Iowa ("Property") and legally described in Exhibit A hereto. B. Company is willing and able to finance rehabilitation, development, or improvements ("Improvements" or "Project") as provided in this Agreement on the Property. C. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. 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 its condition, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate, rehabilitate, or otherwise improve the existing structure on the Property to create a single-family dwelling to a finished state, including sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements" or the "Project"). 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 Page 290 of 340 shall submit specific plans, building designs, and site plans for City review and approval before the undertaking the Improvements 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. 2. Timeliness of Development and Improvements. The parties agree that Company's commitment to cause the Project to be undertaken and to perform the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and Substantially Complete the renovation or rehabilitation of the dwelling within three (3) years from the date of this Agreement. For purposes of this Agreement, "Substantially Complete" means that the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events 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, 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 12, 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 Property or to compensate Company for any value added to the Project Property by any Improvements. In connection with termination of the Agreement the City may exercise any remedy available to it under this Agreement or law. 2 Page 291 of 340 3. Indemnity. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Target Property of any type or nature whatsoever that attaches to the Target Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4. City Incentives. A. Acquisition Grant. City will pay Company a grant of $33,500.00 as reimbursement with respect to the acquisition price of the Property, payable within sixty (60) days after Substantial Completion. 5. Utilities. To the extent applicable, 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 Project Property and for payment of any associated connection fees. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Target 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 Target Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Target 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. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 3 Page 292 of 340 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. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature 4 Page 293 of 340 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. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the 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 Target 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 Target 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, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 5 Page 294 of 340 12. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Target 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. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property arising after Company's acquisition of the Target Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be on or about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend 6 Page 295 of 340 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 Target 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. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. 7 Page 296 of 340 (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. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 8 Page 297 of 340 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Date: Date: Attest: Kelley Felchle, City Clerk 9 Page 298 of 340 EXHIBIT A Description of Property The Northeasterly 50 feet of the Southwesterly 70 feet of Lots 6 and 7; and the Northwesterly 40 feet of the Southwesterly 70 feet of Lot 8, except the Southwesterly 20 feet of the Northwesterly 20 feet of said Lot 8; all in Block 33 in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Page 299 of 340 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 September 15, 2025 AGENDA ITEM TITLE Resolution to approve an American Rescue Plan Act Subrecipient Agreement in the amount of $500,000.00, with Iowa Heartland Habitat for Humanity, and authorizing the Community Planning and Development Director to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is partnering with habitat for Humanity and their larger campaign for new housing options for Waterloo residents. This $500,000.00 agreement will use the federal American Rescue Plan Act (ARPA) funds that the City of Waterloo designated for housing construction in the December 2024 memorandum for funds expenditure. Habitat has been an important partner to the City of Waterloo for homes community -wide, but significantly in the transformation of the Walnut Historic Neighborhood and Church Row Neighborhood master planning. The work in these two neighborhoods alone has worked to increase the homeownership percentage for healthy neighborhoods and decrease the number of rental units to a healthier proportion of the neighborhood, realizing all kinds of housing units are needed to stabilize and increase the population opportunities in Waterloo. These federal ARPA funds will be used to provide additional housing for infill housing sites, giving more people the ability to call Waterloo their home. NEIGHBORHOOD IMPACT Habitat has been an instrumental player in sustaining and improving neighborhoods that experienced disinvestment. DATA, ANALYSIS, AND STRATEGIES Housing, smart growth planning principles, Elev8th Housing, neighborhood revitalization and sustainability. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 300 of 340 SOURCE OF EXPENDITURES American Recue Pland Act. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ARPA SUBRECIPIENT AGREEMENT 2. AMERICAN RESCUE PLAN ACT 3. Elev8te Housing Policies 2025 Page 301 of 340 AMERICAN RESCUE PLAN ACT SUBRECIPIENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between the Comrnunity Planning and Development Department for the City of Waterloo ("Department"), an instrumentality of the City of Waterloo, Iowa, a municipality, and Iowa Heartland Habitat for Humanity, whose address is 803 West 5th Street, Waterloo, Iowa (Subrecipient). WHEREAS, the Department has State Fiscal Recovery Funds ("SLFRF") available to it for eligible purposes and uses pursuant to Sections 602 and 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021 ("ARPA") WHEREAS, the Department seeks to make SLFRF funds in the amount of $500,000.00 available to Subrecipient to enable Subrecipient to carry out certain eligible activities in compliance with applicable federal, state, and local laws and regulations on behalf of the Department ("Grant"). 1. Purpose and Intent. The purpose of the Agreement is to provide Grants to Subrecipient to enable the Subrecipient to undertake activities consistent with the City of Waterloo's Elevate Housing Policies, attached hereto as Exhibit , including, but not. limited to, the restoration, rehabilitation, and development of residential housing. It is the intention of the parties that Subrecipient comply with all applicable federal, local, and state laws, regulations, and guidance with respect to this Agreement and its performance thereof, including but not limited to, ARPA and related laws and regulations. Each house that is restored, rehabilitated, or developed is referred to herein as a "Project." 2. Representations of the Subrecipient. Recognizing that the Department is relying hereon, the Subrecipient represents, as of the date of this Agreement, the following: (a) The Subrecipient is duly organized and has the full legal right and power to authorize, execute, and deliver this Agreement, to receive the Grant, to perform the terms of this Agreement. (b) Subrecipient, including its officers, employees, agents, and contractors, will comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in connection with this Agreement, and shall fiwthermore ensure that proper licenses or perrnits are obtained with respect to actions or activities performed in connection with this Agreement. (c) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, other than as disclosed to the Department in writing, is pending or, to the knowledge of the Subrecipient, has been threatened (1) seeking to restrain or enjoin the execution and delivery of this Agreement, or the undertaking of any Project or (2) contesting or affecting the validity of this Agreement. (d) The authorization, execution and delivery of this Agreement, and performance by the Subrecipient and of its obligations under this Agreement, will not constitute a breach of, or a default under, any law, ordinance, resolution, agreement, indenture or other instrument to which the Subrecipient is a party or by which it or any of its properties is bound. (e) Subrecipient shall inform the Department whether or not it is actively registered with the System for Award Management ("SAM") and of its Unique Entity Identifier ("UEI") or Taxpayer Identification Number ("TINS"). If Subrecipient is not registered with the System Page 302 of 340 for Award Management ("SAM") they will be required to register and provide the Department with the foregoing information before Grants will be paid to it. (f) Subrecipient shall provide access to records and documents, and provide any additional information, as requested by the Department that it determines to be reasonably necessary for the terms of this Agreement to be effectuated or to comply with applicable federal, state, and local laws and regulations. (g) All information, reports, and other documents and data submitted to the Department in connection with this Agreement will be true, correct, and complete in all material respects. 3. Grant(s). The County agrees to make and the Subrecipient agrees to accept, on the terms and conditions stated in this Agreement and consistent with the purposes and intent of the same, one or more Grants, the total amount of which shall not exceed $500,000.00. (a) Purpose, Scope, and Compliance with All Applicable Laws and Regulations. Any Grant(s) paid to Subrecipient are paid solely to enable the Subrecipient to undertake, in compliance with all applicable federal, state, and local laws and regulations, activities consistent with the City of Waterloo's Elevate Housing Policies, attached hereto as Exhibit , including, but not limited to, the restoration, rehabilitation, and development of residential housing. Subrecipient shall be knowledgeable of and comply with all applicable laws, rules, regulations, ordinances, and US Department of the Treasury interpretations and guidance, including but not limited to, 2 C.F.R. Part 200 (containing administrative requirements, cost principles, and report and audit requirements). The Subrecipient shall ensure that proper licenses or permits are obtained with respect to actions or activities performed in connection with this Agreement. (b) Payment of Grant(s). The Department may pay one or more Grant(s), not to exceed $500,000.00 in the aggregate, on a reimbursement basis for costs that it reasonably and necessarily incurred in performing the terms of this Agreement, or in the form of an advance for costs that it determines it will reasonably and necessarily incur in performing this Agreement. In its sole discretion, the Department may condition its payment of any Grant in the form of an advance on Subrecipient providing the Department with documents, records, and information that the Department believes to be needed in order to effectuate the terms of this Agreement and to comply with applicable laws and regulations. (c) Schedule. The Subrecipient shall not expend any Grant funds after December 31, 2026. If, in its reasonable determination, Subrecipient is not going to be able to expend the aggregate amount of Grants available under this Agreement, Subrecipient agrees to notify the Department in writing before June 30, 2026. Any Grant funds that remain unexpended as of as of June 30, 2026, must be returned to the Department unless, on or before June 30, 2026, the Subrecipient submits a satisfactory plan to expend the remaining funds by December 31, 2026. (d) Reporting. In addition to complying with all applicable laws and regulations with respect to reporting, the Subrecipient shall inform the Department of each Project that it intends to undertake and provide information relevant to the same, including but not limited to, the location of the Project, an estimate of costs and other relevant financial information, the activities to be performed. Upon completion of each Project, and with respect to each such Project completed, the Subrecipient shall inform the Department the date that Subrecipients activities of work commenced, the date upon which the Project was completed, the actual costs reasonably and necessarily incurred for the Project, and shall further provide to the Department information, records, and documents that substantiate the same. In any event, Subrecipient Page 303 of 340 shall provide the Department with such other reporting with respect to any Grant or Project as the Department may reasonably request. (e) Fraud, Waste, and Abuse. Subrecipient shall report any real or apparent fraud, waste, abuse or other improper use of Grant funds received under this Agreement to the Department, which shall not be responsible for any expenditure by Subrecipient under the terms of this Agreement or any agreement between Recipient and Subrecipient. Recipient shall be responsible for returning any Grant funds used inconsistent with the terms of this Agreement to the Department Agency, and such funds shall be other than those provided to Subrecipient pursuant to this Agreement. 4. Termination and Remedies. (a) Termination by the Department. The Department, in its sole and absolute discretion, may terminate this Agreement or any one or more Grants hereunder: (i) if the Subrecipient has failed to comply with or has breached any provision of this Agreement, including but not limited to, if the Subrecipient has failed to comply with or has breached any law, regulation, or ordinance applicable to any Project or any Grant; or (2) if any applicable law, regulation, or ordinance prevents any term under this Agreement from being performed. (b) Notice of Termination. The County shall provide the Subrecipient with written notice of termination of this Agreement or any one or more Grants. The notice shall set forth the reason(s) for termination. The termination of this Agreement or any one or more Grants shall be effective as of the date such notice of termination. (c) Return of Grant(s). Within 30 days of the termination of this Agreement for any reason, the Subrecipient shall return any and all unexpended Grant funds to the Department. (d) Recoupment. Any and all Grant funds that are not used in strict compliance with the terms of this Agreement, including any and all applicable laws, regulations, or ordinances, are subject to recoupment by Department. 5. Recordkeeping. Subrecipient shall keep and maintain all documents and records relating to Subrecipient's receipt and use of any Grant paid to it for a period of seven years following December 31, 2026. 6. Indemnification. To the fullest extent permitted by law, the Subrecipient agrees to indemnify and hold harmless the Department and all of its officials, employees, and agents (collectively, "Indemnified Persons") from and against any and all losses, costs, damages, expenses, judgments, and liabilities of whatever nature (including, but not limited to, attorneys', accountants' and other professionals' fees and expenses, litigation and court costs and expenses, amounts paid in settlement and amounts paid to discharge judgments and amounts owed by an Indemnified Person) relating to or arising out of (i) the actual or alleged failure of the Subrecipient to comply with the terms of this Agreement, including but not limited to, the requirement that Subrecipient comply with all applicable laws or regulations, or with any other requirement or condition applicable to any Grant; or (ii) the operation or undertaking of any Project; provided that no indemnification shall be required of an Indemnified Person to the extent such losses are determined by the final judgment of a court of competent jurisdiction to be the result of the willful misconduct of such Indemnified Person. The provisions of this Section shall survive the termination, for any reason, of this Agreement. Page 304 of 340 7. Notices. Notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, and addressed: (a) if to City, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director; (b) if to Subrecipient, 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, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. Upon mutual agreement, the parties may agree to any other form of or method of notice. 8. 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. 9. 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. 10. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as Written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 11. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a platter 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. 12. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. Page 305 of 340 13. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 14. Counterparts. This may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 15. 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. Community Planning and Department for the City By: Noel Anderson, Director Date: 7. 12 " 25- ent Iowa Heartland Habitat Iowa for Humanity By: Name: Title: Date: Page 306 of 340 AMERICAN RESCUE PLAN ACT MEMORANDUM OF AGREEMENT BETWEEN City of Waterloo and Community Planning and Development Department for City of Waterloo This Memorandum of Agreement (MOA) (hereinafter the "Agreement"), effective as of December 30, 2024 is made by and between City of Waterloo (Government Agency) and Community Planning & Development Department for City of Waterloo (Recipient) (Collectively the "parties"). This agreement demonstrates the parties' mutual understanding as to the use of funds (ARPA allocation of Lost Revenue) provided under the federal American Rescue Plan Act of 2021. This Agreement authorizes the use of ($2,041,277) from Government Agency City of Waterloo to Recipient Community Planning & Development Department for City of Waterloo. This Agreement shall be governed and construed in accordance with the laws of City of Waterloo (State/County/Municipality). WHEREAS, the federal government, pursuant to section 602 of Title VI of the Social Security Act established the Coronavirus State Fiscal Recovery Funds ("State Fiscal Recovery Funds"), as added by section 9901 of the federal American Rescue Plan Act of 2021 ("ARPA") provided moneys to City of Waterloo (State/County/Municipality) to use for expenditures to respond to the public health emergency or its negative economic impacts. WHEREAS, The Government Agency is authorized to provide funds to Recipient to undertake and carry out projects under the ARPA SLFRF program in compliance with all applicable local, state, and federal laws, regulations and policies; and WHEREAS, $2,041,277 (total) was appropriated in ARPA State Fiscal Recovery Funds (ARPA allocation of Lost Revenue) to be used by Government Agency. NOW, THEREFORE the Recipient understands and agrees as follows: 1.ARPA. The parties understand and agree that pursuant to the ARPA, as codified in 42 U.S.C. 802; and implemented in 31 C.F.R. 35.1 through 35.12. ARPA funds may only be used pursuant thereto. 2. Use of Funds. Government Agency will authorize disbursements of the $2,041,277(total) to Recipient, as needed for reimbursement, and shall direct proper accounting codes to be utilized. Government Agency reserve the right to request additional information and documentation prior to making disbursement. 3. Program Eligibility. Recipient agrees it will use the ARPA funds provided under this agreement as directed by Government Agency, pursuant to Treasury's ARPA SLFRF provisions, guidelines and regulations, and pursuant to the Scope below and any incorporated budget. Recipient further agrees to use funds for the purpose of fulfilling the project as described below: Page 307 of 340 SCOPE: The use of ARPA funds will work to ELEVATE HOUSING in the City of Waterloo through: ➢ acquisition and demolition of blighted and deteriorating structures in the community to help provide for infill neighborhood efforts to stabilize and restore housing investments for existing housing by eliminating the blighted and deteriorating structures to give way for new infill development and site clearance. ➢ infrastructure provision for new housing opportunities through new public utilities and public infrastructure for City operations, including but not limited to, new sewers, water, fiber, electric, gas, roads and other infrastructure to provide for shovel -ready housing lots. ➢ increased levels of safety —through needed public infrastructure projects such as public safety/ city buildings, and added inspections staff and the ability for the community to ensure safe and livable housing conditions for all residents through a Rental Registration Program. ➢ new construction and rehabilitation of housing in the community to provide varying levels of housing options and types through new multi -family, new row dwellings, for home ownership opportunities for all income levels where possible in the community. ➢ partnerships for all of the housing activities above to happen, through public -private agreements for new construction, for rehabilitation of structures, for acquisition and sale of homes for infill development and neighborhood revitalization efforts, working with, but not limited to, Habitat for Humanity, Hawkeye Community College, the Housing Trust Funds, and others. 4. Term. This Agreement shall be in effect through December 31, 2026 (period of performance), but Recipient's obligations for reporting, record retention and audit shall continue beyond the termination or expiration of this Agreement. 5. Availability. Per Treasury, all funds must be obligated no later than December 31, 2024, and expended by December 31, 2026. Funds provided under this agreement are hereby obligated. However, Recipient is bound by the "Term" of this agreement, and Recipient shall not incur any obligations to be paid with the funding after such period of performance ends. Funds remaining after December 31, 2026 will be returned to Grantor, and thereafter returned to the U.S. Treasury. 6. Reporting Requirements. Recipient shall meet all reporting requirements as provided by the United States Treasury, including 2 C.F.R. Part 200, provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). Recipient shall provide timely and complete responses to requests from auditors and the Government Agency. Recipient shall provide access as requested to records and financial statements, and provide any additional information as reasonably requested. Recipient shall Page 308 of 340 provide reporting in the form and timeline required by Government Agency and such reporting form and timeline shall be incorporated into this agreement. 7. Subrecipient Management and Monitoring. Should Recipient engage with any subrecipients under this Agreement, Recipient shall comply with requirements outlined in 2 CFR 200.331 and 2 CRF200.332, 2 CFR 200 generally, and any other compliance requirements as specified under ARPA. 8. Procurement. All procurement requirements, including definitions provided by law, regulation, Treasury guidance or 2 CFR 200 or the like, and any additional guidance provided by the Government Agency, shall be followed relative to any vendors, contractors or the like. 9. Fraud, Waste, and Abuse. Recipient shall report any real or apparent fraud, waste or abuse or otherwise improper use of funds received under the terms of this Agreement to Government Agency, who shall not be responsible for any item or expenditure by Recipient or Subrecipient under the terms of this Agreement or any agreement between Recipient and Subrecipient. Recipient shall be responsible for returning any funds used for unauthorized purposes to Government Agency prior to final closeout of the award, from funds other than those provided by under this agreement or any other agreement between Recipient and Government Agency. 10. Record Retention. Recipient shall maintain and preserve sufficient records to demonstrate compliance with the grant and shall provide such records promptly upon written request. Such records shall be maintained not less than five (5) years after December 31, 2026. 11. Modification. This MOA may be modified by the written agreement of all parties. 12. Termination of Agreement. The Government Agency may terminate this Agreement, in whole or in part, if Recipient fails to comply with the conditions of the Agreement or subsequent amendments. In the event of termination, any portion of the funds not expended or encumbered at the time of termination shall be returned to Government Agency within thirty (30) days. GOVERNMENT AGENCY RECIPIENT Name: Quentin Hart Name: Noel Anderson Title: Mayor Title: Community Planning & Development Director Address: 715 Mulberry Street, Waterloo Iowa Address: 715 Mulberry Street, Waterloo Iowa 50703 50703 Authorized Signature: Authorized Signature: Date: Date: Page 309 of 340 Elev8te Housing Policies 2025 1. Sale of City Residential Property Policy a. The overall Sale of Property Policy stays same for all City Property (2019). ➢ lnfill Site — public or private lot within a subdivision that is at least 20 years old and over 60% of the subdivision has been built upon. ➢ For larger infill sites (i.e. Baltimore Field) staff will determine the eligibility of areas as infill if they require additional platting. ➢ lnfill Site incentives may apply to any City -owned lots for residential construction. Note — all land will be sold through Development Agreements to state timeline for construction, design for construction, and note incentives by City, either TIF, ARPA, Nuisance Bonds, or Urban Revitalization (CURA or CLURA) or a combination of the incentives, to gain positive new housing units for the City of Waterloo. This process is for residential development of lnfill Sites. Commercial/Industrial redevelopment of infill lots or sales will follow the Economic Development Policy Plan for the City of Waterloo. 2. Housing Construction/Rehabilitation a. City acquired housing units will be sent through Request for Proposal process to determine interest in rehabilitation of structures by any private parties. b. City reserves the right to work directly with a proven developer in targeted areas to strengthen their ability to work in area (i.e. Habitat in Walnut) v. the RFP process. This will also work to help move faster for some rehabilitations, as well as plan ahead for larger redevelopment strategies for neighborhoods as a whole. All sales require a hearing, so other parties have the right to come and state their interest. c. Privately acquired Infill Housing sites may apply for incentives as long as site meets criteria as an lnfill Site. d. Privately acquired housing projects for rehabilitation may request city assistance for incentives for projects on a case -by -case basis. (See 48 for factors to consider). e. City -built homes, if applicable, would be sold through a standard sales realtor, or through a partnership if needed, similar to how City partnered with Hawkeye Community College in past. 3. Acquisitions for Housing a. The City will work with residential housing partners for the acquisition of homes for demolition or rehabilitation i. The City will use 657A when possible ii. The City will specifically work in Targeted Areas to help towards long-term planning for neighborhood revitalizations iii. The City may work throughout the community for select housing sites for new development, prioritizing abandoned and deteriorating structures, as well as those needing a higher and better land use 4. Will Sites incentives — a. New construction on eligible lnfill Sites i. $5,000 per unit created upon Certificate of Occupancy ii. $7,500 per unit in Targeted Areas b. Rehabilitation on eligible lnfill Sites i. $5,000 per unit on a case -by -case basis ii. $7,500 per unit in Targeted Areas, on a case -by -case basis The City Council will review all requests for assistance for rehabilitation. Key determining factors: ➢ If the site is in a Targeted Area — is the project rehabilitation in accordance with the larger planning efforts for neighborhood revitalization ➢ If the site is not in a Targeted Area o is the site worthy of 657A action o has it been abandoned o has it been vacant for an extended period of time o is it in deteriorating condition o is it better for demolition o owner /history of deterioration of structure c. New Infrastructure construction incentives i. The City has the ability to establish an Urban Renewal District (TIF District) over a site if needing to partner with a developer for a new subdivision type layout, whether on an lnfill Site or greenfield site. ii. The City would establish such subdivisions with State Code regulations for timeline, and types of development to occur on -site or off -site or both, in regards to low to moderate income housing requirements. iii. Said goal would be to match incentives offered by abutting and adjacent communities for paying back 50% of infrastructure costs for the new roads, sewers, water, etc. within a 10-year timeline. iv. If an lnfill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for CURA or CLURA tax abatement incentives. Page 310 of 340 v. If an Infill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for $5,000 or $7,500 per home infill incentive unless sold, and funding going to the new homeowner. d. Funding Sources for Infill Site and overall Residential Development objectives i. TIF funds — if the site is in an eligible TIF area, that has housing as a goal, said funds could be used ii. Bonds — the City has bonds for nuisance abatement and housing improvements annually, and said funds could be used city-wide iii. ARPA funds — the City has dedicated $2,041,277 in ARPA funds for housing projects including acquisitions, demolitions, infrastructure, inspections, as well as new construction and rehabilitations. 5. Targeted Areas — a. The City will work to establish Targeted Areas for concentration of needed new housing to help strengthen existing neighborhoods. b. Initial Target Areas i. Walnut Historic Neighborhood ii. Church Row Neighborhood iii. West Central Neighborhood iv. We Care Neighborhood v. City View Neighborhood vi. Maywood Neighborhood Page 311 of 340 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 September 15, 2025 AGENDA ITEM TITLE Resolution approving a request by Brent Bohlen for an Encroachment Agreement to allow a patio, pergola, and fence in the city -owned alley right-of-way in the "R-1" One and Two Family Residence District, located at 130 Columbia Circle. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The patio and fence already exist in the rear yard of the site in question and extend partially into the alley right-of-way. The patio and fence were built into the city -owned alley right-of-way by a previous owner. The applicant, the current homeowner, was not aware that they were partly built into the alley right-of-way when they tried to acquire a permit to place a pergola on top of it. The applicant plans to build a 12' by 16' pergola (gazebo type structure) on top of the existing patio and is requesting an encroachment agreement to do so since it will be partially in the city -owned alley right-of-way. This request would not obstruct any easements because there are none on the site in question. The alley was platted along the rear property lines of all of the homes in that block, but there is no developed alley for most of the block, and it is just grass. There is a city -owned parcel on the inside of the alley designated as a neighborhood park. There are no known utilities within the alley. There are several other properties within the block with similar encroachments into the alley. Most notably is a garage at 517 Campbell Avenue as well as fencing of several properties. NEIGHBORHOOD IMPACT The request does not appear to have a negative impact on the surrounding neighborhood or land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public meeting was held by the Planning, Programming, and Zoning Commission on August 12, 2025. Page 312 of 340 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION KINGBARD HILL, LOT 124 AND LOT 125 ATTACHMENTS 1. 130 Columbia Cir EA_Council Packet 2. Encroachment Agreement - 130 Columbia Cir Page 313 of 340 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. August 12, 2025 Request by Brent Bohlen for an Encroachment Agreement to allow a patio, pergola, and fence in the City -Owned alley right-of-way in the "R-1" One and Two Family Residence District located at 130 Columbia Circle. Brent Bohlen, 130 Columbia Circle, Waterloo, Iowa, 50701 The applicant is requesting the approval of an Encroachment Agreement to allow for a patio, pergola, and fence partially within the City -Owned alley right-of-way. The request does not appear to have a negative impact on the surrounding neighborhood or land use. The request does not appear to have a negative impact on pedestrian or traffic conditions in the area, as the encroachment area is in the rear of the site in question. There are no trails in the immediate vicinity. The lot in question is zoned "R-1" One and Two Family Residence District and has been zoned as such since the adoption of the zoning code in 1969. Surrounding land uses and their zoning are as follows: North, East, South, and West — Residential Development zoned "R-1" One and Two Family Residence District The adjacent surrounding properties are residential that where developed as early as 1919 through 1940s. No buffers or additional screening are needed with this request. The request will not have a negative affect on drainage in the area. No portion of the lot in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map. The closest nearby schools to the request are Kingsley Elementary School, 0.3 miles from the site in question, and Irving Elementary School, 0.9 miles from the site in question. There is a 6" water main running along Columbia Circle. There are no easements on the site in question. Encroachment Agreement— 130 Columbia Cir. Pall of4 Page 314 of 340 August 12, 2025 Picture 1: Looking at front of house. Picture 2: Looking at existing patio. Encroachment Agreement — 130 Columbia Cir. Pa12of 4 Page 315 of 340 August 12, 2025 Picture 3: Looking south toward existing patio and accessory structure. Picture 4: Looking toward patio. Encroachment Agreement — 130 Columbia Cir. Paj3of 4 Page 316 of 340 August 12, 2025 RELATIONSHIP TO The Future Land Use Map designates the area as Low Density COMPREHENSIVE Residential. The request is in conformance with the Future Land LAND USE PLAN: Use Map. STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The patio and fence already exist in the rear yard of the site in question and extend partially into the alley right-of-way. The patio and fence were built into the city -owned alley right-of-way by a previous owner. The applicant, the current homeowner, was not aware that they were partly built into the alley right-of-way when they tried to acquire a permit to place a pergola on top of it. The applicant plans to build a 12' by 16' pergola on top of the existing patio and is requesting an encroachment agreement to do so since it will be partially in the city -owned alley right-of-way. This request would not obstruct any easements because there are none on the site in question. The alley was platted along the rear property lines of all of the homes in that block, but there is no developed alley for most of the block, and it is just grass. There is a city -owned parcel on the inside of the alley designated as a neighborhood park. There are no known utilities within the alley. There are several other properties within the block with similar encroachments into the alley. Most notably is a garage at 517 Campbell Avenue as well as fencing of several properties. There is no platting required for this request. Therefore, staff recommends that the request by Brent Bohlen for an Encroachment Agreement to allow a patio, pergola, and fence in the City -Owned alley right-of-way in the "R-1" One and Two Family Residence District located at 130 Columbia Circle, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on pedestrian or traffic conditions in the area. And subject to the following condition(s): 1. A signed and executed Encroachment Agreement. Encroachment Agreement— 130 Columbia Cir. Pa14of 4 Page 317 of 340 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 R=2I,C-Z= 1 ■111� ! r' ZI }C 2;C=Z DOWNING AVE 11 1r 1 ..r IIIluu111 Nee 1 A1 wG w� C-2 C-2, Jur 1 C-1 t // R'2 -1 W 3RD ST, A11111 1111 R=4,C-Z •I■11 W 1111__ •i. iNM 1111. MIN 1_r - iirmTni 11 HOME PARK-BLVD 11111111 11111111 — _ U -II. 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S ;71i 5-1 R-3 EASTON AVE IIIIL 11111 ®1-i I l l l mullIu LOCKE AVE _III, 111111 a 1- mEA • -E RIDGEWAY•AVE J-IIw11 Man m. 111111111111= 11 141111d �WISNER DR • 13o Columbia Circle Encroachment Agreement Brent Bohlen 15 P-inrr 212 of 2411 1 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 13o Columbia Circle o, `"a rt0 � f Encroachment Agreement ,:-.Pa:-,..„. _Ai% 3 v� p Brent Bohlen 16 3s 6. 71/17 f),,,,,, 01 Cl „f 04 II .p ,f ■ .��. pup:T,ii ■ �■im ■■ 1 _ 1nur ' Wood - No Stain Page 320 of 340 ENCROACHMENT AGREEMENT Prepared by: Adarsh Tummala, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between Brent A. Bohlen (hereinafter "Owner") and the City of Waterloo, Iowa, (hereinafter "City") this 3rd day of September, 2025. WHEREAS, Owner is the owner of real estate commonly known as 130 Columbia Circle, Waterloo, Iowa 50701 and legally described as: Lots Nos. One -Hundred Twenty-four (124) and One Hundred Twenty-five (125) in Kingbard Hill (hereinafter "Owner's Property"), in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, Owner is requesting to allow a patio, pergola, and fence (hereinafter the "Encroachment") on a portion of alley City owned right-of-way (hereinafter "Right -of -Way"); and WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said Encroachment within a portion of said Right -of -Way described as: That part of the 15 foot alley as patted in Kingbard Hill adjoining Lots 124 and 125 that lies Westerly of a line drawn between the Northerly most corner of said Lot 124 and the Easterly most corner of said Lot 125; and WHEREAS, the City is willing to allow said Encroachment into said Right -of -Way as above described (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFOR IT IS HEARBY AGREED by and between the parties as follows. Owner hereby recognizes and reaffiims, said Right -of -Way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. The City grants Owner the right to place and maintain said Encroachment in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Encroachment Area, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of Owner and all successors or assigns, including moving or replacement expenses_ In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said Encroachment Area, Owner and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move said Encroachment and assess any costs for moving against Owner or any successors or assigns, or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner, or any successors or assigns, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Owner's Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to Page 321 of 340 permanently remove to Owner, or any successors and assigns, and that Owner, and any successors and assigns agree to remove said Encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If Owner, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, Owner, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to Owner, or any successors and assigns, or against Owner's Property. 4. Owner, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement, from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by th my authorized g#ficers as of the date first set above. Brent A. Bohlen, Owner STATE OF IOWA COUNTY OF BLACK HAWK ) SS. City of Waterloo By: Quentin Hart Its: Mayor Attest: Kelly Felchle, City Clerk On this 3 day of , JC before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Brent A. Bohlen to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. TRACIA S ROSS COMMISSION NO. 8119631 MY coAmilsysi ES crz- C a/.14- otary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of , , by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Page 322 of 340 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution approving an addendum to the current contract with Per Mar Security for the Waste Management Services Plant, extending the contract for three (3) years and outlining rate increases each year, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution 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. Per Mar - Contract Extension Page 323 of 340 2. Per Mar - Contract Extension - Addendum Page 324 of 340 SECURITY SERVICES Security Officer Services Contract This contract is made and executed this 12th day of September, 2022, by and between Per Mar Security & Research Corp., an Iowa Corporation (hereinafter called "Per Mar") and The City of Waterloo. Whereas, Client maintains and operates a waste management facility in the City of Waterloo, State of Iowa. Now, for the consideration hereinafter set forth, the following is agreed by and between the parties: 1. That Client engages Per Mar to furnish Security Officer Service at the above Client location under the terms as set forth below. Subject to the terms and conditions of this contract, the term shall begin October 23, 2022 and continue through October 23, 2025, unless extended for an additional 2-year term by written agreement of the parties. The contract term shall be subject to further annual extensions upon written agreement of the parties. If a party desires not to extend the renewal term, it shall provide at least 60 days' advance written notice to the other party. 2. Without limiting responsibility of Per Mar for the proper conduct of the Security Officers and the protection of the property, the conduct of the Security Officers is to be guided by policy and rules agreed upon between Client and Per Mar; and such other special written instructions applicable to the services as may be agreed upon by the parties from time to time. 3. Per Mar is responsible for the direct supervision of its Security Officers through its designated agent at the premises to which this contract relates and such agent will in turn be available at all reasonable times to report and confer with the designated agent of the Client with respect to the services. 4. Per Mar agrees that the protection services covered by this contract shall be performed by qualified employees in conformity with practices current in the security industry. Per Mar further agrees that, upon request from Client, Per Mar will remove from service hereunder any of its employees who, in Client's opinion, is chargeable with improper conduct, as quickly as a qualified replacement can be made available. Per Mar may not assign, delegate or subcontract any of its obligations hereunder without prior written consent of the client. 5. All personnel required for the performance of this contract shall be employees of Per Mar, and that Per Mar shall be responsible for the payment of compensation, benefits, payroll taxes (federal, state and local), worker's compensation and liability premiums. Where required, Per Mar shall be responsible for the furnishing of uniforms and identification badges. Per Mar shall also furnish all equipment, tools and devices necessary for performance of the contract services. 6. Per Mar shall provide Security Officer Service for a minimum of 107 hours per week unless a coverage change is specifically agreed to by both Per Mar and Client. The billing rates and equipment costs are based on this minimum; therefore, any permanent reduction in hours will automatically allow for a pricing re -opener to negotiate an increase in the hourly billing rates to adjust for the diminished hours. 7. For the services hereunder, Client will pay Per Mar as set forth in the following schedule of billing rates. Per Mar's invoices are payable upon presentation to Client, without deduction or offset of any kind or nature whatsoever. Client agrees to pay Per Mar interest at one and one-half percent per month or such maximum amount as permitted by law, whichever is less, on any invoice not paid within thirty days of the date the invoice is received by the client. In the event Per Mar incurs costs associated with enforcing this or any other provision of this contract where client is solely at fault, the costs, to include attorneys fees will be paid by the Client. SCHEDULE OF BILLING RATES Position Year 1 Year 2 PMS8509 Rev 10/17/2014 Page 1 of 2 Year 3 Page 325 of 340 Security Officer Hourly OT/Holiday Hourly OT/Holiday Hourly OT/Holiday Rate Rate Rate Rate Rate Rate $18.38 $27.57 $19.11 $28.66 $19.85 $29.77 The above billing rates shall apply during the term of this contract; however, if a change in state or federal minimum wage rates, or if any other legislation or regulation, whether federal, state or local, that adversely affects Per Mar's direct labor and/or payroll tax costs, Client agrees to pay the revised mutually agreed upon billing rates which will reimburse Per Mar for its added costs if Per Mar can provide proof and satisfactory justification for increased cost burden. These rates shall apply from the mutually agreed date but shall not be retroactively applied for past invoices without client's approval. All cost increases are subject to City of Waterloo city council approval. Per Mar can invoice client for services weekly. Client is tax exempt. Please select from one of the following options concerning vehicles: ® Option 1: No vehicle needed for contract. ❑ Option 2: Per Mar agrees to lease vehicles for the amount of $1.00 per year, per vehicle. Per Mar agrees to be responsible for insurance in respect to the liability to third parties and physical damage to the vehicle(s) subject to a $1,000 deductible for the duration of this lease only when the vehicle is driven by a Per Mar employee. Client understands they will continue to provide liability and physical damage insurance on the vehicle(s) when the vehicle(s) is/are not driven by a Per Mar employee. Per Mar will bill you $ per month for vehicle insurance on the vehicle(s). ❑ Option 3: Client is providing insurance on vehicle(s) and is responsible for insurance on such vehicle(s) including third parties and physical damage to the vehicle(s) even when the vehicle(s) is/are driven by a Per Mar employee. Client understands that their insurance would be primary. 8. These billing rates are applicable without regard to any overtime pay which may be paid by Per Mar to its employees. It is further agreed that where conditions exist at the protected property under which client would require the assignment of security officers in excess of the number of hours as specified in Paragraph 6, client shall pay Per Mar the overtime billing rate as incurred for those hours in excess of the minimum hours per week, as set forth in the schedule of billing rates. 9. Client shall pay the holiday billing rate as specified in the schedule of billing rates for service rendered on the six following holidays: New Year's Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day, and Christmas Day. 10. Per Mar shall furnish proof of insurance. 11. Client shall not employ an employee of Per Mar during the term of this contract and from one year after the date of termination thereof, and Per Mar shall not employ any employee of Client during the entire term of this contract or for one year after the termination thereof, unless such employment occurs as a result of a general solicitation that is not targeted to the employee. 12. Either party may terminate this contract for good cause, without penalty, provided that the other party has not cured any default within 14 days after written notice from the other party that specifies the default. An unsatisfactory payment pattern by the client shall constitute good cause for Per Mar to terminate the contract, and an unsatisfactory performance pattern by Per Mar shall constitute good cause for the client to terminate the contract. 13. This contract constitutes the entire agreement and understanding between the parties superseding all prior representations, understandings, discussions, negotiations, commitments, and agreements of any kind. The undersigned representatives have express authority to bind their companies with respect to all matters requiring approval or authorization of the above terms and conditions. 14. This contract shall not be amended, modified or supplemented without the written agreement of the parties. 15. This contract shall be binding upon and shall inure to the benefit of each of the parties and their respective successors and permitted assigns. PMS8509 Rev 10/17/2014 Page 2 of 2 Page 326 of 340 16. This contract may be executed in one of more counterparts, including signed counterparts transmitted by electronic means, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. In witness whereof, the parties hereto have executed this agreement as of the day and year first above written. Per Mar Security & Research Corp. P.O. Box 4227 Davenport Iowa 52808 City of Waterloo, IA c/o 3505 Easton Avenue Waterloo, IA 50702 B �t' I /j_/ By: Quentin Hart Name: / / �1_ / Name: VP y Title: ! �'��� r Title: Ma or Date: e4 /2 2Z / Date: 10/3/2022 PMS8509 Rev 10/17/2014 Page 3 of 2 Page 327 of 340 SECURITY SERVICES .Since i9£3 SECURITY OFFICER SERVICES CONTRACT: ADDENDUM With the exception of the changes indicated below all terms and conditions of the previous Security Officer Services Contract shall remain in full force and effect herein by reference. Client: The City of Waterloo - Waterloo Waste Facility Effective Date: 26th day of October, 2025 Per Mar shall provide Security Officer Service for a minimum of 107 hours per week unless a coverage change is specifically agreed to by both Per Mar and Client. SCHEDULE OF BILLING RATES Position Hourly Rate Overtime and Holiday Rate Security Officer Year 1 $ 22.79 $ 34.19 Security Officer Year 2 $ 23.68 $ 35.52 Security Officer Year 3 $ 24.19 $ 36.59 Overtime will be billed as incurred for all hours in excess of the baseline schedule. Client shall pay the holiday billing rate as specified in the schedule of billing rates for service rendered on the six following holidays: New Year's Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day, and Christmas Day. The above billing rates shall apply for the duration of this contract. In addition to the schedule of billing rates provided herein, the Client shall pay any sales or service taxes which Per Mar is required to charge under applicable laws. Either party may terminate this contract by serving the other party with written notice at least thirty days prior to the termination date. An unsatisfactory payment pattern by the Client shall constitute good cause, and service, at Per Mar's option, may be terminated immediately without penalty. If Client pays by credit card Per Mar will charge a 3% surcharge on all transactions. Per Mar shall invoice Client for services weekly. Per Mar Security & Research Corp. P.O. Box 4227 Davenport, Iowa 52808 The City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 By: By: Name: Brad Duffy Name: Title: President Title: Date: Date: Security Office Services Contract: Addendum Page 328 of 340 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution awarding bid to Iowa Wall Systems, Inc. of Waterloo, Iowa, in the amount of $12,100.00, in conjunction with the Veterans Memorial painting and Hall Repair, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Three bids presented. No Architect or Service Agreement involved. Wall repairs and repainting of Veterans Memorial Hall. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 329 of 340 1. Iowa Wall Systems Bid - Veterans Memorial Hall Repair and Repaint 2. Element Construction - Veterans Memorial Hall Repair and Repaint 3. McNamara Painting - Veterans Memorial Hall Painting Page 330 of 340 Date: 9/7/2025 Veterans Memorial Hall Repair and Repaint We appreciate the opportunity to bid your work. This letter serves as a summary of the scope of work for the above referenced project. SCOPE OF WORK Chip away loose plaster in Kitchen, stairwell, and top floor restroom. Touch up damaged plaster areas and make for paintable surface. Paint Kitchen ceiling, kitchen walls, foyer and stairwell walls from basement corner up to top floor corner, Paint all areas of stairwell walls as well as ceiling, paint bathroom on top floor. Paint match to best of ability. Replace ceiling tiles in top floor rest room. Track and lights to stay, no work in scope. Paint pipe in hallway. Bid: $12,100.00 This proposal is based upon the following: Excludes temporary partitions. Excludes finish caulking. Excludes caulking and sealing at all mechanical, electrical, and plumbing penetrations. Excludes exterior work. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner, with payments to be made as follows: Monthly draws as work progresses. A finance charge of 1 %% per month, which is an annual percentage rate of 18%, will be charged on accounts 30 days past due. Acceptance of Proposal This bid is good for 30 days from bid date. It can be withdrawn by us if not accepted within those 30 days. The above prices, specifications, and conditions are satisfactory and are hereby accepted. Iowa Wall Systems, Inc. is to perform the work as noted. Payment will be made as outlined above. Page 331 of 340 Date: Signature: If you have any questions, please feel free to call. Sincerely, Austin Jackson Commercial Estimator Page 332 of 340 CONSTRUCTION EEKE Date: 5.9.25 To: Mel & Jim Re: Veteran's Home Wall Repairs and Painting 1915 Courbat Court Waterloo, IA We appreciate the opportunity to bid your work. This letter serves as a summary of the scope of work for the above referenced project. SCOPE OF WORK: Plaster/Drywall and Painting at Kitchen: Includes: 1. Repair existing water damaged areas and cracks in kitchen to match adjacent finish as dose as possible. 2. Prime and paint all ceilings and walls and overhead piping. Ceilings and piping to be white. Walls to be one color. Excludes base trim. 3. Includes scaffolding. 4. Clean up and removal of debris. Painting of overhead piping in hallway: Includes: 1. Prime and paint overhead piping. Color to be determined. 2. Includes scaffolding. 3. Clean up and removal of debris. Plaster/Drywall and Painting at Foyer and Entry Hallway: Includes: 1. Repair existing water damaged areas and cracks in Foyer/Entry Hallway to match adjacent finish as close as possible. 2. Prime and paint all ceilings and walls. Ceilings to be white. Walls to be one color. Excludes base trim. 3. Includes scaffolding. 4. Clean up and removal of debris. Plaster/Drywall and Restroom near Entry Hallway: Includes: 1. Repair existing water damaged areas and cracks in restroom to match adjacent finish as dose as possible. 2. Prime and paint all ceilings and walls. Ceilings to be white. Wails to be one color. Excludes base trim. 3. Install new 2x4 fine fissured tile in existing ceiling grid. (319) 830-3087 augie.ferguson@elementcv.com • elementcv.com Premier Interior Finishes Page 333 of 340 4. Includes scaffolding. 5. Clean up and removal of debris. Excludes: 1. Testing and removal of existing paint or potential lead substances. 2. Removal of all items including wall hung items and stove. 3. All plywood, wood, and metal blocking or backing. 4. Fire stopping, fire & sound caulking, and finish caulking. This proposal is subject to acceptance within 30 days. Kitchen $ 6,400.00 Piping in Hallway $ 820.00 Foyer and Entry Hallway $ 8,440.00 Restroorn $ 4,345.00 Pres�.G� 7-cf#o.1 act. ,605. Acknowledge Addendum's: 110 This proposal is based upon the following: 1. Interior work shall be scheduled so that topping out interior walls, with drywall on one side, will be done prior to M.E.P. being installed. 2. Excludes lights, temporary power, heat and air conditioning, protection, electricity, and potable water. 3. Trash to centrally located dumpster. 4. Dumpsters and/or trash chute to be provided by others. 5. All patching, if necessary, to be completed on a time and material basis. 6. Excludes all plywood, wood, and metal blocking or backing. 7. Excludes all demolition. 8. Excludes all temporary partitions. 9. Excludes all sound &finish caulking. 10. Excludes storage of materials. 11. Excludes overtime and/or shift work. 12. Excludes protection of our completed work from damage by others. 13. Excludes caulking and sealing at all mechanical, electrical, and plumbing penetrations. 14. Excludes indemnification and waiver of subrogation for other subcontractors. 15. This bid is conditional on use of an equitable subcontract such as the AIA 401. Subjecting our bid to any acceptance of general contract terms is based on those terms being mutually agreed upon. 16. This proposal excludes listing the General Contractor or Construction Manager as an additional insured. 17. This proposal excludes Element's insurance provided on a primary basis. Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. Element Construction Services, Inc. is to perform the work as noted. Payment will be made as outlined above. Please return one copy of this signed and dated proposal. Date: Signature: (319) 830-3087 • augie.ferguson@elementcv.com • elementcv.com Premier Interior Finishes Page 334 of 340 If you have any questions, please feel free to call. Sincerely, Augie Ferguson Element Construction Services, Inc. (319) 830-3087 • augie.ferguson@elementcv.com • elemerttcv.com Premier interior Finishes Page 335 of 340 MCNAMARA PAINTING & CUSTOM FINISHES, LLC ESTIMATE: #19056 3-31-2025 To: Black Hawk County Veterans Memorial Hall Re: Kitchen, Entry Foyer. &Women's Bathroom Repaint McNamara Painting & Custom Finishes LLC is pleased to submit the following itemized estimates for update in the Veterans Memorial Halt Interior. Each Itemized estimate includes tabor and materials needed to complete work scope described. Each item does not include any applicable local and state sates tax. Price estimates are valid through December 31, 2025. Items 5 & 6 will apply to each itemized section of work scope. I<ILCHEN UPDATE: 1. Prime areas where drywaller smoothed up where peeling and/or wall damage was repaired. o 2. Finish paint watts and ceiling in Kitchen. 3. Paint piping on ceiling to blend in. E 4. Work scope wilt take 2 crew members approximately 3.5 days to complete. 5. Sherwin Williams Pro Mar 200 finish factored in desired color. dU 6. Paint will be left in good condition and labeled for future touch up and reference. •,:, Total Items 1-6: $3636.00 a FN.Tf3Y FOYER UPDATE: co 7. Prime areas where drywaller smoothed up where peeling and /or watt damage was repaired- S. Paint walls only on both levels of front entry foyer. Starting at top level and proceeding down to ,d basement levet breaking at interior corner at hallway start. 9. Work scope wilt take 2-3 crew members approximately 3.5 days to complete. Total Items 7-9: $4127.00 N ^1 WOMENS RESTROOr&SMALL ENTRY TO WOMENS UPDATE: 10. Prime areas where drywaller smoothed up where peeling and /or wall damage was repaired. ^' 11. Paint walls only in women's restroom and smatl entry room to women'& restroom. 12. Work scope will take 2 crew members approximately 2 days to complete. Total Items 10-12: $2344.00 —^ BASEMENT HALLWAY PIPING; ro 13. Paint 31' of existing black pipe below ceiling in basement hallway to blend in with surrounding ✓ surfaces. Pipe is currently black and has had its insulation removed. 2 coats factored of white. > Total Item 13: $92.00 ?faJ N Page 336 of 340 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE September 15, 2025 AGENDA ITEM TITLE Resolution to award bid to Don Gardner Construction of Waterloo, Iowa, in the amount of $24,785.00, in conjunction with the remodel of the Waterloo Convention Center Skywalk between the Hotel and Convention Center, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Remodel to match the other skywalk. No Architect or Service Agreement involved. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Peters Construction Corp Bid on Waterloo Convention Center Skywalk Remodel Page 337 of 340 2. Don Gardner Construction Bid on Waterloo Convention Center Skywalk Remodel Page 338 of 340 PETERS CONSTRUCTION CORPORATION 901 Black Hawk Rd. SVatedoo, IA 50701 (Phone) 319-236-2003 (Fax) 319-236-2009 www.petei s.h ild August 8, 2025 Greg Alhehn City of Waterloo 715 Mulberry St. Waterloo, IA 50703 SUBJECT: WATERLOO CONVENTION CENTER SKYWALK REMODEL Greg, Peters Construction Corporation is pleased to present a proposal for the subject project. Our proposal is based on a walk-through of the project. The scope of work is as follows: • Provide supervision, coordination, & layout with our scope of work. • Demo existing ceiling as needed. • Demo existing lights. • Remove existing sprinkler heads. • Paint ceiling to match North and South Skywalk • Install new lights throughout. • Reverse the sprinkler heads to meet fire code. • Building permits. • All general and final clean up. The work not included in this proposal is as follows: • Overtime/off-shift work hours (unless discussed). • Any structural related items that may arise. • Any HVAC work. • Builders risk insurance. • Assumes this job will be taxed. TOTAL COST OF PROJECT: S35,928 Peters Construction appreciates the opportunity to present this proposal and we look forward to working with you on this project. If you have any questions feel free to contact me at (319) 795-8986. Sincerely, PETERSCONSTRUCTIONCORPORATION l Per: Austin Curfman Project Manager Page 339 of 340 on ardner =3uction 315 La Porte Rd. Waterloo, IA 50702 Phone: (319) 234-0272 Fax: (319) 234-2033 E-Mail. Address: office@dongardnerconstruction.com PROPOSAL Contractor Re({istrationg C042201 Page 1 Of 1 StfLMITTED-Fat t.,w.ix greg.ahiheirne ratedoo-lA.orp SkWralk Renovation City of Waterloo I 205 W 4th St 715 triulberry St Waterloo lA 50701 ]cxcn Waterloo T IA 50703 r NA �a 08/22125 f..ar,r-, .xu, Yt:xrsr,.Hb1 Skywalk Renovation Don Gardner Construction win furnish labor and materials far: 'At the skyyraik between the hotel and convention center. ' Protect existing carpet Flooring with 6mtl piatic sheathing during construction. Demolish and remove existing drywall ceiling and framing to the deck. ' Removal of existing light fixtures. Remove existing sprinkler line, reroute new 1.5" branch line along East wall and install new bronze upright sprinkler heads. " Prima and paint deck structure at the ceiling flat black. Furnish and install ten 4'vandal resistant LED light fixtures (enclosed), ' Furnish and install two combo exit/emergency lights. reuse lighting controls. ' Clean up and haul away. ' Permit and inspections. fiernate #1: To have ten 4' LED strip lights in lieu of vandal resistant Mures (enclosed). Deduct $3.400.O0 from the base bid. war arty Cr*e '*eed by aor 4 aeytFVans 0 $.0i.arM!s1.le*Yl beCu r.,panaltr4ay p} 0** OATAr and s Clsavaa Cfe;t WA lie prnsf;tad. iPteese Return Onesigned Copy Upon Acceptance. 0so $24,186.00 ao,pa,ot bee S xsr vfaauwfstaatiarf ....y..:•t e. ** .o asaeKasra, kr e. scrna TYeenny.rour thousand seven hundred elghlyrive and n0f100 max a: Si,. 40.00 DoRxlpaytnenl upon accepanee WMh balance clue within 14 days 01completion. Al--,,,ap-A.-'t? ea., at i.,V t'.,+hbDa-:' n _. e�ay M es-.y re... - _ -. _- ra[rac.l. a:}.gyyW[ .z..•.ar. yirva-=..zm-a is a<x vs'p}^mae,az ,.. .. a=`_-r, «e,sr'y. Note Thls poposal may bewiihdravm toy us if not steep:ea teeter 21 days, Aitnori:ed Signature Type or print name Casey Gerdner, President AcCeplan00 of Prope301 ' ar. 0^ti.. C.t.Ra>..".ax kva 41 u . Fit N<na rats i era-`.,:Y-Cel Rd, ei,-i`a wail ;Mx), S.E. ,.i .c %ia nu, y) ,-1 r. ..,,,s 4lxft.-',,i:v.C'e_ tx!a'.a'h—Jr Y.lvt 1e.*yrt*de. "wrt 1a-:.wbw,av,V vd'e...I %.:a•. w ot•-ak m n:.-Ne..t Dale Signature Type er print name Page 340 of-340