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HomeMy WebLinkAboutPeterson Contractors - PCI Fill Dirt Agreement - 6.1.2026Docusign Envelope ID: 2BB20564-9FC5-8317-82FB-F75DD8AF1127 PCI Fill Dirt Agreement THIS AGREEMENT (the "Agreement") is made as of June 22 Peterson Contractors, Inc. ("PCI") and the City of Waterloo, Iowa ("City"). RECITALS , 2026, by and between A. The City owns the WARP Industrial Development (the WARP), which contains excess topsoil. B. PCI possesses Fill Material which City desires to use to improve certain lots at the WARP. C. The Parties desire to exchange Topsoil for Fill Material. NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the party agree as follows: 1. The Project. PCI agrees to facilitate the exchange of Topsoil for Fill Material as follows: a. PCI will coordinate with the city to plan a yard for yard exchange of the materials. b. PCI shall designate a single individual as the principal point of contact for project purposes. c. PCI shall provide all materials, labor and other services necessary or advisable in connection with exchanging, siting, staging, stockpiling, and stabilizing the materials. d. The parties shall mutually determine a schedule, which PCI will endeavor to follow to the best of its ability. e. PCI will survey the Topsoil stockpile during and after hauling to determine the quantity removed. Once PCI has removed final quantities of Topsoil, it will stabilize the area. f. Once the Topsoil is removed PCI will haul and stockpile a like volume or greater of Fill Material in an area specified by the City. PCI will establish silt fencing around the Fill Material stockpile area. City will make the area part of their NDPES permit for the Warp, and manage the area as such. City will stabilize the Fill Material site. g. As the project mutually benefits the parties, no compensation is required. 2. Insurance and Liability. At all times during the project the following insurance policies shall be in place to protect PCI and City against claims for injuries to person (including death) or damage to property arising out of or in connection with the planning or implementation of the project: Docusign Envelope ID: 2BB20564-9FC5-8317-82FB-F75DD8AF1127 a. General contractors and subcontractors working on the project shall have Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury and property damage; and Automobile Liability Insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit with respect to bodily injury, property damage, or death. They shall name the City of Waterloo as additional insured on a primary and non-contributory basis including a waiver of subrogation in favor of the City for this project. Proof of such coverage shall be furnished to the City promptly upon request. b. General contractors and subcontractors shall provide proof of workers compensation insurance coverage for its employees working on the job. Contractors/Subcontractors shall name the City as additional insured on a primary and non-contributory basis including a waiver of subrogation in favor the City. Proof of such coverage shall be furnished to the City prior to the start of the project and promptly upon request thereafter. c. To the extent permitted by law, the City shall hold harmless, defend, and indemnify PCI for any claims made against PCI for personal injury arising out of the project once completed and accepted by the City. 3. Notices. All notices require or allowed to be given pursuant to this Agreement shall be in writing, and delivered either (i) in person, or (ii) by first-class U.S. mail, postage prepaid, or (iii) by private courier. Notices will be deemed delivered upon the earlier of: (a) the date of delivery if personally delivered; (b) three business days after placement in the U.S. Mail; or (c) one business day after delivery to a private courier. If to PCI: PCI P.O. Box A Reinbeck, IA 50669 Attn: Chris Fleshner If to the City: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Matt Schindel Either party may, by like written notice, designate a new address for notice purposes. 4. Counterparts_ This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, and all of which together will constitute one and the same instrument. 5. Binding Effect. This Agreement is binding on the City, PCI, and their respective successors, assigns, and legal representatives. 6. Entire Agreement; Amendment. This Agreement, including but not limited to exhibits hereto, is the entire Agreement between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous discussions, understandings, promises or agreements between the parties. No amendment or modification of this Agreement will be effective unless in writing and signed by the City and PCI. 2 Docusign Envelope ID: 2BB20564-9FC5-8317-82FB-F75DD8AF1127 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date stated above. PETERSON CONTRACTORS, INC. CITY OF WATERLOO, IOWA Digitally signed by Chris D. Fleshner ON: C=US, E=tllesbner©omus.wm, Chris D. Fleshner ° sneneerae "rapers.'"` `°N-°""a By: Reason 1oving 2M1istlocumenl Dee: 2026 0666.2222 1]:24'.34-05'00' L "—Signed by: ypauud, bot,StAA, Chris Fleshner _3g3E8IIMPBoesen, Mayor Title: Project Manager "—Signed by: Attest: Ktlity.f `—kFe6frerfelthle, City Clerk Approved by council 6/1/2026.