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Council Packet - 3/6/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 6, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4 Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 185 Roll Call. Prayer or Moment of Silence Melissa Tate, Cedar Valley Atheists Pledge of Allegiance Julie Dawson, Housing Authority Director Agenda, as proposed or amended. Minutes of February 27, 2017, Regular Session, as proposed. Recognition of Doug Anderson as the March 2017 Team Member of the Month. ORAL PRESENTATIONS 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. Mayor and Council Monthly Reports 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request by Brandon Simon, on behalf of 74PROmotions, for a variance to Ordinance 5-2-11, Vehicles on Flood Control Levees, on May 6, 2017 from 10:00 a.m. to 6:00 p.m., to allow motor cross racers to cross the levee and operate on Cattle Congress grounds on both sides of the levee and Ordinance 4-5-6, Motor Vehicle Maximum Sound Levels, on May 6, 2017 from 11:00 a.m. to 5:00 p.m., in conjunction with the UrbanCross Grand Prix event. Submitted By: Joe Leibold, Captain of Police Services 3. Request from Antioch Baptist Church to hold its annual 5K walk/run on August 12th, 2017 from 9:00 a.m. to 11:00 a.m., beginning and ending at the Church, located at 426 Sumner Ave. Submitted By: Joe Leibold, Captain of Police Services 4. Resolution approving preliminary specifications, bid documents, etc. and setting Page 2 of 185 date of bid opening as March 30, 2017 and public hearing as April 3, 2017, for purchase and installation of the remainder of FY 2017 through FY 2018 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Submitted By: Captain Frank Krogh 5. Resolution approving assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 212 Webster Street - $1,383.55 Submitted By: Matt Mahler, General Manager 6. Resolution approving preliminary plans, specifications, bid documents, etc., and setting date of bid opening as March 23, 2017 for 2017 Lift Stations Mowing, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Treatment Operations, Supervisor Waste Mgmt Services 7. Request by Langman Construction, Inc. for Variance to Noise Ordinance No. 3094, Noise Ordinance, from March 6, 2017 through November 21, 2017, from 6:00 a.m. to 10:00 p.m., in conjunction with the Highway 63 Reconstruction Project along Mullan Avenue from Franklin Street to Jefferson Street. Submitted By: Joe Leibold, Captain of Police Services 8. Resolution setting date of public hearing as March 20, 2017 for the sale and conveyance of city -owned property, located at 1003 Lafayette Street, through the Neighborhood Stabilization Program, to Iowa Heartland Habitat for Humanity, with a purchase price of $130,000.00, and instruct City Clerk to publish said notice. Submitted By: Rudy D. Jones, Community Development Director 9. Resolution approving preliminary plans, specifications and bid documents and setting date of bid openings as March 23, 2017 and date of public hearing as March 27, 2017 for the 2017 Right of Way Mowing Contract and instruct City Clerk to publish said notice. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager B. Motion to approve the following: 1. TRAVEL REQUESTS a. Steve Isenhower, Instrument Control Technician Class/Meeting: Operation of Wastewater Treatment Plants Volume II Destination: AT HOME STUDY Dates: February 22, Amount not to exceed: $118.00 2017 b. Six (6) Waterloo Police Officers Class/Meeting: Governor's Traffic Safety Bureau GTSB Conference Destination: Altoona, IA Dates: April 19-27, 2017 Amount not to exceed: $746.00 2. LIQUOR LICENSES a. The Broken Record, 315 W. 4th Street Page 3 of 185 Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 1/20/2018 b. Elite Cafe Bar, 1108 Jefferson Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 2/7/2018 3. Motion to appoint Ed Abben as Facilities Maintenance Foreman, in the Building Maintenance Department, effective March 7, 2017. Submitted By: Noel Anderson, Community Planning & Development Director 4. Motion to appointment of Greg Ahlhelm as Building Official, effective March 7, 2017. Submitted By: Noel Anderson, Community Planning & Development Director 5. Bonds PUBLIC HEARINGS 2. Sale and conveyance of city owned property located at 515 E. 3rd Street, 519 E. 3rd Street, 516 Pine Street, and 521 Pine Street, in the amount of $1.00, to JSA Development, LLC. 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 authorizing sale and conveyance of city owned properties located at 519 E. 3rd Street, 516 Pine Street, and 521 Pine Street to JSA Development, LLC for $1.00 each, and authorize Mayor and City Clerk to execute all necessary documents. Resolution approving a development agreement with JSA Development, LLC, requiring the city to obtain a historical consultant to oversee work needed to establish a Walnut Historic Neighborhood National Register of Historic Places District, providing a grant of $10,000 to JSA Development, LLC for the completion of historic rehabilitation of properties listed in said agreement, and establish terms for future property acquisitions and easements in said Walnut Neighborhood, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 3. Sale of city owned right-of-way, located north of 2006 Dubuque Road, to Noe and Selivy Sibrian, in the amount of $1,000. 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. Motion to receive, file and consider and pass for the first time an ordinance approving a request to vacate a portion of city owned right-of-way located north of 2006 Dubuque Road. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing sale and conveyance of city -owned right-of-way, .23 acres, located north of 2006 Dubuque Road, to Noe and Selivy Sibrian in the amount of $1,000.00. Page 4 of 185 Resolution approving Development Agreement, including storm water and vehicular use area improvements within twelve (12) months of agreement date, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 4. FY 17/18 Complaint Mowing with Complaint Snow Removal Contract Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Code Enforcement for review. Submitted By: Dave Zellhoefer, Code Enforcement 5. FY 2017 CIP PIPELINING PHASE IIIA, Contract No. 919. 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. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $1,465,634, and approving the contract, bonds, and certificate of insurance for the FY 2017 CIP PIPELINING PHASE IIIA, Contract No. 919, and authorize Mayor and City Clerk to execute said documents. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services RESOLUTIONS 6. Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel -motel mini grant applications: USS Orion Reunion in the amount of $2,070 and Iowa Parks & Recreation Association in the amount of $2,100. Submitted By: Aaron Buzza, Executive Director Waterloo Convention & Visitors Bureau 7. Resolution approving Agreement with Iowa Department of Transportation for use of city streets to detour Highway 63 traffic using W. Airline Highway, Airport Blvd., and US 218 in conjunction with the Highway 63 PC Pavement - Grade and Replace Project (NHSX 063-6(78)--3H-07) from Jefferson Street to Franklin Street; and authorize Mayor to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 8. Resolution accepting donation from Grey Fox Properties LLC, for two parcels of real estate located at 200 Merriman Street and 1527 E. 4th Street. Submitted By: David R. Zellhoefer, City Attorney 9. Resolution approving and accepting certain acquisition contract and accepting certain deeds to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project, sanitary sewer improvements, and accept a Page 5 of 185 temporary easement from Prime RE, LLC for $37,415.39 ($25,934.72 fee title acquisition, $11,480.67 temporary easement) located east of 2535 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving and accepting certain acquisition contract and accepting certain deed to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project sanitary sewer improvements from Prime RE, LLC for $18,262.44, located east of 2325 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:55 P.M. Council Work Session, Harold E. Getty Council Chambers 4:40 P.M. Ordinance Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting and Public Hearing Minutes 2017. 2. Waterloo Water Works Board of Trustees meeting minutes of February in the Waterloo City Clerk's office. 3. Waterloo Leisure Services Board Minutes of 12/13/2016. for January 10, 22, 2017 on file Page 6 of 185 CITY OF WATERLOO Council Communication Minutes of February 27, 2017, Regular Session, as proposed. City Council Meeting: 3/6/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/28/2017 - 12:53 PM Submitted by: Submitted By: Page 7 of 185 February 27, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 27, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 146106- Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 27, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146107 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 20, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart announced the Optimist Basketball Coach and Player of the Year Awards. Recognized Coaches of the Year: Arron Love and Lamaurice Kirk; Damien Butters Recognized Players of the Year: Lamya Pratchett and Dominic Freeman ORAL PRESENTATIONS Dean Smith, Foulk Road, expressed concern for people in Waterloo parking in handicap parking spots and stated that businesses need to create additional handicap parking spaces in the community. He also stated that a problem exists with crime in his neighborhood. Mayor Hart questioned if someone documents a non -handicap person taking a handicap parking space could it be turned over to police. Dan Trelka, Chief of Police, explained that the information can be investigated. Noel Anderson, Community Planning and Development Director, explained ADA code requires a certain number of required spaces for each site plan. Jim Chapman, 224 Bertch, questioned if property located on the corner of Devonshire and Ansborough is targeted for building by Hawkeye Community College and commented that it may have drainage issues. Noel Anderson explained that it is identified as excess right of way and is required to follow 306.23 for sale. It must first be offered to abutting property owners at $16,000 and if they do not purchase the property for the price the city can dispose of the property as it wishes. Dennis Juhl, 3905 Sager, commented that he believes that the design for the intersection of Greenhill and Progress Avenue could be designed for less money than what is proposed in the CIP and that it needs to be made a high priority. Sandie Greco, Superintendent of Traffic, explained the variables that need to be considered when designing the intersection and noted that sewer intakes may need to be moved as well. Mayor Hart commented that it has been made a high priority on the CIP in order to get the design work completed. David Dryer, 3145 W. 4th Street, expressed dissatisfaction with the lack of public communication on the University Avenue project and questioned when public meetings and design will take place. He further questioned if pre -authorizations are budgeted or if they are in addition to the budgeted amounts. Doug Schindel, AECOM, explained that the project is in the study phase and are looking to have a public meeting in March to get public input. February 27, 2017 Page 2 Mayor Hart commented that the city is going to look at Midway to Fletcher and Ansborough to aid the business community and to tie in with the Cedar Falls project. Doug Schindel further commented that decisions have not yet been made on design but will come at a later date. Michelle Weidner, Chief Financial Officer, explained the pre -authorizations are budgeted funds. 146108 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146109 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated February 27, 2017, in the amount of $1,105,761.83 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-144. 2. Resolution setting date of public hearing as March 9, 2017 on the proposed issuance of not to exceed $11 million General Obligation Bonds, for essential corporate purposes, and instruct City Clerk to publish notice thereof. Resolution adopted and upon approval by Mayor assigned No. 2017-145. 3. Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as March 16, 2017 and date of public hearing as March 20, 2017 for the Replacement of fuel pump dispensers at the City Fuel Distribution Site, and instruct City Clerk to publish notice of preliminary plans, specifications, form of contract etc. Resolution adopted and upon approval by Mayor assigned No. 2017-146. 4. Resolution approving preliminary specifications, bid document, form of contract etc, and setting date of bid opening as March 23, 2017 and date of public hearing as March 27, 2017 for the purchase of one (1) Aerial Boom Truck for the Traffic Department. Resolution adopted and upon approval by Mayor assigned No. 2017-147. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 16, 2017 and date of public hearing as March 20, 2017 for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and instruct City Clerk to publish notice of preliminary plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2017-148. b. Motion to approve the following: 1. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed LeAnn M. Even, Deputy City Clerk IMFOA (Iowa Municipal Finance Officers Des Moines, IA April 20-21, 2017 $386.00 February 27, 2017 2. b. c. d. e. f. g. a. b. Page 3 Approved Beer, Liquor, and Wine Applications Association) Spring Conference Class New or Renewal Expiration Date Tim Moyer, Chief Electrical Inspector IAEI (Iowa Assoc of Electrical Riverside, IA April 4- 6, 2017 $275.00 X Inspectors) 2017 C Liquor w/Outdoor Service Renewal 2/28/2018 X Annual Spring Conference Paul Huting, Todd Iowa Park and Waterloo, IA March $1,125.0 Derifield, Travis Nichols, James Recreation Spring Conference 28-30, 2017 0 Bolger and Mark Gallagher Officers Snipercraft basic Raymond, April $1,875.0 Muhlenbruch, Schaaf and Wilson sniper course IA 24-28, 2017 0 Lt. McLelland & Investigating Johnston, IA April 4- $1,310.0 Lt. Fangman Officer Involved 6, 2017 0 Shootings Phillip Schuppert, Storm Water Specialist Iowa State University Iowa Water Conference Ames, IA March 22-23, 2017 $125.00 Watershed Management: Partnerships for Progress Interviewee- Interviewee- Waterloo, IA March $500.00 Assistant Director- Collection Systems Assistant Director- Collection Systems 9-16, 2017 Maintenance Maintenance Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday El Patron Family Mexican Restaurant, 301 E. 4th Street C Liquor w/Outdoor Service Renewal 2/28/2018 X Maple Lanes, 2608 University Avenue C Liquor w/Outdoor Service Renewal 2/28/2018 X 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Megan Hannam Leisure Services Commission 3/1/2020 Re -appointment Brenton Shavers Leisure Services Commission 3/1/2020 Re -appointment Brenda Durbahn Leisure Services Commission 3/1/2020 New Roll call vote -Ayes: Six. Nays: One (Lind on item 1A5). Motion carried. PUBLIC HEARINGS 146110 - Schmitt/Amos that proof of publication of notice of public hearing on the FY 2017 Riverfront Stadium Flood Repair Project, as published in the Waterloo Courier on February 13, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. February 27, 2017 Page 4 146111 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146112 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned the long term plan for the project. Paul Huting, Leisure Services Director, explained that the repair is significant but they are working on changing materials and moving electrical panels higher in order to make flood resistant improvements to the structure. Resolution adopted and upon approval by Mayor assigned No. 2017-149. 146113 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-150. 146114 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Base Bid $143,200 Alt #la - (add) $27,765 Alt #lb — (add) $33,400 Alt #2 — (add) $3,420 Koch Construction ° Alt #3 — (add) $5,325 Waterloo, IA 5 /0 Alt #MA1 — (add) $4,720 Alt #MA2 — (add) $1,260 Alt #EA1 — (add) $290 Alt #EA2 — (add) $1,120 Alt #EA3 - (add) $200 Base Bid $175,000 Alt # l a - (add) $20,000 Alt #lb — (add) $26,000 Alt #2 — (add) $3,000 Matt Construction Alt #3 — (add) $4,400 Sumner, IA 5 �0 Alt #MA1 — (add) $4,000 Alt #MA2 — (add) $1,500 Alt #EA1 — (add) $250 Alt #EA2 — (add) $1,100 Alt #EA3 - (add) $500 Base Bid $142,142 Alt #la - (add) $23,888 Alt #lb — (add) $28,628 Alt #2 — (add) $2,662 Peters Construction Alt #3 — (add) $2,336 Waterloo, IA 5 �0 Alt #MA1 — (add) $4,444 Alt #MA2 — (add) $1,350 Alt #EA1 — (add) $850 Alt #EA2 — (add) $1,474 Alt #EA3 - (add) $444 Base Bid $148,797 Steege Construction Waverly, IA 0 5% Alt #la - (add) $24,800 Alt #lb — (add) $29,900 Alt #2 — (add) $2,850 Alt #3 — (add) $3,100 February 27, 2017 Page 5 146115 - Schmitt/Amos that "Resolution approving award of contract to Peters Construction of Waterloo, Iowa, in the amount of $179,590, and approving the contract, bonds, and certificate of insurance for the FY 2017 Riverfront Stadium Flood Repair Project, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-151. 146116 - Lind/Morrissey that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate a portion of a former frontage road, located east of and adjacent to 1326 La Porte Road., as published in the Waterloo Courier on February 17, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146117 - Lind/Morrissey that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146118 - Lind/Morrissey that motion to receive, file and consider and pass for the first time an ordinance approving a request to vacate a portion a former frontage road, located east of and adjacent to 1326 La Porte Road", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson explained the request to vacate. Mr. Lind clarified that the property has already been conveyed. 146119 - Lind/Morrissey Alt #MA1 — (add) $4,729 Alt #MA2 — (add) $1,543 Alt #EA1 — (add) $350 Alt #EA2 — (add) $1,370 Alt #EA3 - (add) $1,000 Base Bid $166,000 Alt #la - (add) $23,000 Alt #lb — (add) $27,000 Alt #2 — (add) $3,500 Tri -Con Construction Alt #3 — (add) $4,000 Dubuque, IA 5 �0 Alt #MA1 — (add) $5,000 Alt #MA2 — (add) $1,300 Alt #EA1 — (add) $300 Alt #EA2 — (add) $1,200 Alt #EA3 - (add) $800 Base Bid $145,700 Alt #la - (add) $30,000 Alt #lb — (add) $36,000 Alt #2 — (add) $2,400 Woodruff Construction° Alt #3 — (add) $2,300 Waterloo, IA 5 0 Alt #MA1 — (add) $4,200 Alt #MA2 — (add) $1,200 Alt #EA1 — (add) $300 Alt #EA2 — (add) $1,200 Alt #EA3 - (add) $350 146115 - Schmitt/Amos that "Resolution approving award of contract to Peters Construction of Waterloo, Iowa, in the amount of $179,590, and approving the contract, bonds, and certificate of insurance for the FY 2017 Riverfront Stadium Flood Repair Project, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-151. 146116 - Lind/Morrissey that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate a portion of a former frontage road, located east of and adjacent to 1326 La Porte Road., as published in the Waterloo Courier on February 17, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146117 - Lind/Morrissey that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146118 - Lind/Morrissey that motion to receive, file and consider and pass for the first time an ordinance approving a request to vacate a portion a former frontage road, located east of and adjacent to 1326 La Porte Road", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson explained the request to vacate. Mr. Lind clarified that the property has already been conveyed. 146119 - Lind/Morrissey February 27, 2017 Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146120 - Lind/Morrissey that "an Ordinance approving a request to vacate a portion a former frontage road, located east of and adjacent to 1326 La Porte Road", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5390. 146121 - Morrissey/Amos that proof of publication of notice of public hearing on the demolition services contract for demolition services at 1020 Wellington Street, 717 Fairview Street, 27 John Street, 408-410 Logan Avenue, 1120 Washington Street, 1201 Mulberry Street, 106 Woodside Drive, 1017 Chalmers Avenue and 1005 Chalmers Avenue., as published in the Waterloo Courier on February 21, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. David Dryer, 3145 W. 4th Street, questioned how many properties the city owns and is paying to demolish. Mayor Hart directed Noel Anderson to give the number to Mayor Hart and he will relay the information. Joseph Canopin, 5503 Peridot, questioned if the city has considered refurbishing the properties to bring them back up to code. Mayor Hart explained that a new program was created to give $5,000 to purchase dilapidated homes and to give $5,000 once the project is complete. 146122 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146123 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-152. 146124 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-153. 146125 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $152,230. Lehman Trucking & Excavating, Inc. Waterloo, IA 5% $99,775. February 27, 2017 Page 7 146126 - Morrissey/Amos that "Resolution awarding demolition services contract to Lehman Excavating and Trucking, for demolition services at 1020 Wellington Street, 717 Fairview Street, 27 John Street, 408-410 Logan Avenue, 1120 Washington Street, 1201 Mulberry Street, 106 Woodside Drive, 1017 Chalmers Avenue and 1005 Chalmers Avenue, in the amount $99,775.00", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-154. 146127 - Schmitt/Amos that proof of publication of notice of public hearing on a request by the City of Waterloo to sell and convey of one (1) city -owned property, generally located adjacent to 419 Almond Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, as published in the Waterloo Courier on February 17, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146128 - Schmitt/Lind that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146129 - Schmitt/Lind that "Resolution authorizing sale and conveyance of city -owned property located adjacent to 419 Almond Street to Iowa Heartland Habitat for Humanity, in the amount of $1.00, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-155. 146130 - Schmitt/Lind that "Resolution approving development agreement, for the construction of a new residential home, between Iowa Heartland Habitat for Humanity and the City of Waterloo, Iowa, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-156. RESOLUTIONS 146131 - Morrissey/Amos that "Resolution approving an Encroachment Agreement with Deana Jolly to allow for an 8 foot x 12.5 foot patio, in city owned Hoover Street right of way located at 1155 Hawthorne Avenue", be adopted. Roll call vote -Ayes: Three. Nays: Four (Welper, Morrissey, Powers, Amos). Motion failed. Mr. Welper commented that the homeowner violated the ordinance and is not in favor of the item. Mr. Jacobs commented that the homeowner made efforts to work with the city and had received a permit to do the project. He further commented that she has made enhancements to the home which improve the neighborhood. Mr. Morrissey commented that the Tech Review Committee denied the project and had been told by the Engineering Department that they could not put the patio in the right of way. Mr. Schmitt clarified that the resolution would require the homeowner to take out the concrete. February 27, 2017 Page 8 Mr. Lind commented that several entities receive Encroachment Agreements throughout the city and believes that the homeowner should be allowed to encroach as well. Mr. Morrissey commented that Tech Review, Planning and Zoning, and the Engineering Department have all stated that the encroachment agreement should not be approved. Mayor Hart commented that city staff has done due diligence to research the issue and explain the issues but the situation is tough. John Sherbon, 1750 Robin Road, spoke in favor of approving the agreement. Mr. Jacobs questioned what happens if the resolution fails. Noel Anderson explained that if the vote is yes she will be removing 7.08 feet from the roadway back. If the vote is no she will be removing 15.08 feet back to where the property line exists. Mr. Powers commented that he went to the property and has reviewed the documents provided to council and commented that he will support city staff and the volunteers on the board and supports a no vote. Mr. Lind commented that he is on the side of the taxpayer. Lind/Schmitt 146132 - Motion to amend to strike 8 foot and insert 10.8 foot. Roll call vote: Ayes -Three. Nays -Four (Welper, Jacobs, Powers, Amos). Motion failed. Mr. Amos commented that he would like time to review the map prior to voting. Mayor Hart explained the encroachment. 146133 - Schmitt/Morrissey that motion to approve Change Order No. 1 for a decrease in the amount of $4,808.70 to Matt Construction of Sumner, Iowa, in conjunction with the Leisure Services Chemical Storage Building Project. Roll call vote -Ayes: Seven. Motion carried. 146134 - Schmitt/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Matt Construction of Sumner, Iowa, at a total cost of $258,820.30 in conjunction with the Leisure Services Chemical Storage Building Project,", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-157. 146135 - Lind/Amos that "Resolution approving Riverview Recreation Area Trail Blazers Off -Road Club User and Maintenance Agreement, and authorizing Mayor and City Clerk to execute said agreement,", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the contract could be terminated early. Paul Huting explained that the contract has provisions to terminate early for both parties. Resolution adopted and upon approval by Mayor assigned No. 2017-158. ADJOURNMENT 146136 - Welper/Schmitt that the Council adjourn at 6:38 p.m. Voice vote -Ayes: Seven. Motion carried. February 27, 2017 Kelley Felchle City Clerk Page 9 COUNCIL MEETING 03/06/2017 Name Address/Business Topic David Deeds JSA Development, LLC 773-255-2258 Support of BA Development Laua Hoy 319-269-7534 PUBLIC HEARING Item #2 City of Waterloo Finance Committee Open Invoice Report For March 6, 2017 .ppr v&i Finance Committee Accounts Payable Open Invoice Report Total As of Friday, March o3, 2017 EFT Transactions: US Bank -Green Hotel Add: Wellmark Month End Claims Add: Wellmark Weekly Claims Update Black Hawk County Abstract -DPA ISubtotal - as of Monday, March o3, 2017 Friday Total 3,454,i68.44 666,020.79 2,788,147.65 1,659.79 89,035.63 (1,777.00) Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 3,543,086.86 1 3,484.31 3,948.00 1,640,111.98 Bill Payment Total - Monday, March o3, 2017 5,190,631.15 Payment to Council members or related entities: CITY OF WATERLOO Council Communication Request by Brandon Simon, on behalf of 74PROmotions, for a variance to Ordinance 5-2-11, Vehicles on Flood Control Levees, on May 6, 2017 from 10:00 a.m. to 6:00 p.m., to allow motor cross racers to cross the levee and operate on Cattle Congress grounds on both sides of the levee and Ordinance 4-5-6, Motor Vehicle Maximum Sound Levels, on May 6, 2017 from 11:00 a.m. to 5:00 p.m., in conjunction with the UrbanCross Grand Prix event. City Council Meeting: 3/6/2017 Prepared: 2/23/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 2/22/2017 - 3:01 PM Clerk Office Even, LeAnn Approved 2/22/2017 - 3:09 PM SUBJECT: Request by Brandon Simon, on behalf of 74PROmotions, for a variance to Ordinance 5-2-11, Vehicles on Flood Control Levees, on May 6, 2017 from 10:00 a.m. to 6:00 p.m., to allow motor cross racers to cross the levee and operate on Cattle Congress grounds on both sides of the levee and Ordinance 4-5-6, Motor Vehicle Maximum Sound Levels, on May 6, 2017 from 11:00 a.m. to 5:00 p.m., in conjunction with the UrbanCross Grand Prix event. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve request for variance Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Mr. Simon operates the existing motor cross races at Cattle Congress grounds. This variance will allow him to expand the race course for this race utilizing ground owned by Cattle Congress on both sides of the levee on this date/time only. A separate noise variance request will be submitted as well. Cost for placement of barricades along the South Riverside Trail. The trail will remain open with race personnel ensuring the safety of trail users and motor cross riders. General None Waterloo Leisure Services, Engineering and Iowa DNR all have approved this request. Page 8 of 185 CITY OF WATERLOO Council Communication Request from Antioch Baptist Church to hold its annual 5K walk/run on August 12th, 2017 from 9:00 a.m. to 11:00 a.m., beginning and ending at the Church, located at 426 Sumner Ave. City Council Meeting: 3/6/2017 Prepared: 2/22/2017 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description ❑ Request and Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Leibold, Joe Even, LeAnn Action Approved Approved Type Backup Material Date 2/22/2017 - 3:38 PM 2/22/2017 - 4:06 PM Request from Antioch Baptist Church to hold its annual 5K walk/run on August 12th, 2017 from 9:00 a.m. to 11:00 a.m., beginning and ending at the Church, located at 426 Sumner Ave. Submitted By: Joe Leibold, Captain of Police Services Approve Request This route requires the use of city barricades and a minimal police presence. Traveling on Sumner Street, Linden Avenue, MLK Drive and Idaho Streets. Cost associated with placing and retrieving barricades and with providing traffic control as needed. General This is their 4th annual event with no issues. Page 9 of 185 ANTIOC BAPTIST CHURCH 426 Sumner St. t Waterloo, Iowa 50704-4033 t 319-233-2587 t www.antiochbc.org t Fax 319-233-0036 July 13, 2016 Greetin Anioc aptist Church health ministry will be having our annual 5k_walk/run. This eetit I be A, Id A g f'tt43, 2016 at 9:00 am, The Walk/ Run will start at/Anti4eh church 426'Sumner t ' et nd end at the church. See attached map. 3 ` W1e�- r�e,requesting to host this a ent-with the support, the city coilrtcil _Any ` est ons lel fael.frv.e,to contact me Ruth Cole t_319-504-7602: , Sine rely uth Cole. Y�,.. aIt�15 11Fi'nistr;y Presi eti, kr. Rev. r iisPael Et;;Colg Paster 0 ) Page 10 of 185 Go gle Ma Cottage St s Antioch Baptist Church to 1599 Idaho Street, Waterloo, IA 50703 Walk 1.6 miles, 32 min Start at Antioch Church on the corner of North Barclay and Sumner Street, continue up Sumner St. Take a right on Linden Ave to MLK Dr. Take a left on MLK Dr continue to Idaho Street. Make a u turn on the corner of MLK Dr and Idaho. Take the same route back to Antioch Church. Continue down Sumner Street Take a left on Jackson St to Oneida St, then a right on Oneida St, then another right on North Barclay ending the walk on the corner of North Barclay and Sumner St For a total of 3.2 miles Cottage St Cottage St Cunningham -, School -Excellence ••• •p•••••••••••••••••••a NitsugmepSt•• nae• ' • _ 7 M • m • • • •• G ° • • co • Oneida St • • • •Q Oneida St Oneida St • • o • Saiisburyst t : Ferguson • ___..._—. _i z = Fields Park • d, n yin m m • 1...5mkes ' m • � — Willow St WiltOW St o. 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R o U cs Grlr .n EZ ? 5 (1) CO (D C C m ▪ m ca co S View or S View Dr Nicholas St Vine St C D `ro via Sumner St and Martin Luther King Jr Dr co 01 Vine St Prospect Ave Highland Square Park p\ta Vista Ave Prospect Ave Human Services Map data ©2016 Google 500 ft • J 32 min 1.6 rniles CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc. and setting date of bid opening as March 30, 2017 and public hearing as April 3, 2017, for purchase and installation of the remainder of FY 2017 through FY 2018 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. City Council Meeting: 3/6/2017 Prepared: 2/24/2017 REVIEWERS: Department Reviewer Action Date Police Department Krogh, Frank Approved 2/24/2017 - 12:06 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 9:59 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving preliminary specifications, bid documents, etc. and setting date of bid opening as March 30, 2017 and public hearing as April 3, 2017, for purchase and installation of the remainder of FY 2017 through FY 2018 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Submitted By: Captain Frank Krogh Authorize the Police Department to seek bids, setting the date of bid opening as March 30, 2016 and the date of Public Hearing of April 3, 2017 for the purchase and installation for the remainder of FY 17 through FY 18 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. The purchase of equipment and installation for squad cars are bid out on an annual basis. Page 12 of 185 CITY OF WATERLOO Council Communication Resolution approving assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 212 Webster Street - $1,383.55. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Water Works Clark, Dennis Approved 2/28/2017 - 11:36 AM Clerk Office Even, LeAnn Approved 3/1/2017 - 9:32 AM ATTACHMENTS: Description Type D February 22, 2017 Board action assessment letters Cover Memo SUBJECT: Resolution approving assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 212 Webster Street - $1,383.55 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 13 of 185 DENNIS D. CLARK, P.E. General Manager WATERLOO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 319-232-6280 FAX: 319-232-1962 February 24, 2017 Dear Honorable Mayor & Council: TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER, Vice -Chair SCOTT WIENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 22, 2017. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,383.55, which is supported by invoice from All Star Plumbing & Heating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 212 Webster Street, which is located on the East Fifty (50) feet of the North Ninety-five (95) feet of Lot No. Five (5) in Block No. Eight (8), in North Addition, Waterloo, Iowa, Black Hawk County, (locally known as 212 Webster St., Waterloo, Iowa), and owned by Redell Walls. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 14 of 185 Page 2 It was moved by Potter, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure Page 15 of 185 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., and setting date of bid opening as March 23, 2017 for 2017 Lift Stations Mowing, and instruct City Clerk to publish said notice. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Waste Management Rath, Brian Approved 2/28/2017 - 2:53 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 9:51 AM ATTACHMENTS: Description Type D 2017 lift station mowing notice Cover Memo SUBJECT: Submitted by: Recommended Action: Resolution approving preliminary plans, specifications, bid documents, etc., and setting date of bid opening as March 23, 2017 for 2017 Lift Stations Mowing, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Treatment Operations, Supervisor Waste Mgmt Services Approve the specifications, etc., and taking of bids, and set the date of bid opening and hearing. Page 16 of 185 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2017 LIFT STATIONS MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, March 23, 2017, until 12:00 NOON, for the 2017 LIFT STATIONS MOWING as described in the plans and specifications now on file in the City Clerk's office, Waste Management Services. OPENING OF BIDS All proposals received for the 2017 LIFT STATIONS MOWING will be opened in the City Clerk's Office in City Hall, Waterloo, Iowa, on Thursday, March 23, 2017, at 1:00 p.m., and the proposals will be referred to the Waste Management Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2017 LIFT STATIONS MOWING at the City Council Meeting, Monday, March 27, 2017. The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St., Waste Management Services, 3505 Easton Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to mow the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 17, 2017, through October 15, 2017. NOTICE TO BIDDERS PagePage171,c:131 85 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD Waste Management Services has divided the mowing contract into two (2) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award the Contract to the responsible Bidder whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -option or a total basis, is most advantageous to the City, Waste Management price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waste Management Services such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Ten Thousand Dollars ($10,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. NOTICE TO BIDDERS Page18of185 Page 2 of 3 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Waste Management Services Department for Lift Station Mowing at their office located at 3505 Easton Ave., Waterloo, Iowa before payments will be made. The billing shall include: • Address of properties • Area or time billed for (depending on bid proposals) Published by order of the City Council of said City of Waterloo, Iowa, on the day of , 2017 City of Waterloo, Iowa, Kelly Felchle, City Clerk NOTICE TO BIDDERS Page 19 of 185 Page 3 of 3 CITY OF WATERLOO Council Communication Request by Langman Construction, Inc. for Variance to Noise Ordinance No. 3094, Noise Ordinance, from March 6, 2017 through November 21, 2017, from 6:00 a.m. to 10:00 p.m., in conjunction with the Highway 63 Reconstruction Project along Mullan Avenue from Franklin Street to Jefferson Street. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 2/28/2017 - 3:29 PM SUBJECT: Submitted by: Summary Statement: Request by Langman Construction, Inc. for Variance to Noise Ordinance No. 3094, Noise Ordinance, from March 6, 2017 through November 21, 2017, from 6:00 a.m. to 10:00 p.m., in conjunction with the Highway 63 Reconstruction Project along Mullan Avenue from Franklin Street to Jefferson Street. Submitted By: Joe Leibold, Captain of Police Services Construction project with equipment being operated prior to 7:00 am and after 7:00 pm but no later than 10:00;m. Excluding concrete sawing for relief joints. Page 20 of 185 CITY OF WATERLOO Council Communication Resolution setting date ofpublic hearing as March 20, 2017 for the sale and conveyance of city -owned property, located at 1003 Lafayette Street, through the Neighborhood Stabilization Program, to Iowa Heartland Habitat for Humanity, with a purchase price of $130,000.00, and instruct City Clerk to publish said notice. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Community Development Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Legal Descriptions: Reviewer Jones, Rudy Even, LeAnn Action Approved Approved Date 3/1/2017 - 10:09 AM 3/1/2017 - 10:17 AM Resolution setting date ofpublic hearing as March 20, 2017 for the sale and conveyance of city -owned property, located at 1003 Lafayette Street, through the Neighborhood Stabilization Program, to Iowa Heartland Habitat for Humanity, with a purchase price of $130,000.00, and instruct City Clerk to publish said notice. Submitted By: Rudy D. Jones, Community Development Director Set date of hearing Two dilapidated homes were purchased and demolished, the lots were combined into one for a new construction home for sale to an income eligible household using Neighborhood Stabilization Program funds through the federal government awarded by the State of Iowa. not applicable The Northwesterly 101 feet of Lots Nos. 7 and 10 in Block 24, except the Northeasterly 35 feet of the Northwesterly 50 feet, in the Original Plat on the East Side of the Cedar River in the City of Waterloo, Black hawk County, Iowa. Page 21 of 185 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications and bid documents and setting date of bid openings as March 23, 2017 and date of public hearing as March 27, 2017 for the 2017 Right of Way Mowing Contract and instruct City Clerk to publish said notice. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 2/28/2017 - 4:47 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 9:49 AM ATTACHMENTS: Description Type D 2017 Contract Mowing Bid Documents Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving preliminary plans, specifications and bid documents and setting date of bid openings as March 23, 2017 and date of public hearing as March 27, 2017 for the 2017 Right of Way Mowing Contract and instruct City Clerk to publish said notice. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager Approve plans, specifications, and bid documents. Set the date of bid opening as Thursday March 23, 2017 and public hearing and bid reading Monday March 27, 2017. The City of Waterloo utilizes contractors to mow many of the City's right of ways including the following corridors: - San Marnan Dr. - US 218 - Green Hill Rd. - Martin Luther King Jr. Dr. - Broadway St. - Dubuque Rd. - US 63/Logan Ave. - Virden Creek Waterway TBD General Fund 4100 Leisure Services- Parks 1390 Contracted Services N/A Purchase more mowing equipment, hire more City maintenance employees, and mow these areas "in-house." Page 22 of 185 Background Information: Leisure Services has been using private contractors to mow these right of way areas for approximately 25 years. Page 23 of 185 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2017 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2017 RIGHT-OF-WAY MOWING. BID REQUEST Sealed bids are due 1:OOpm, Thursday, March 23, 2017, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, March 23, 2017, at 1:OOpm. Public hearing on the project will be conducted Monday March 27, 2017 at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2017 RIGHT-OF-WAY MOWING All work to meet City of Waterloo codes. Questions, please contact JB Bolger, Golf & Downtown Area Maintenance Manager, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 24 of 185 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2017 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, March 23, 2017, until 1:OOpm., for the 2017 RIGHT-OF-WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2017 RIGHT-OF-WAY MOWING will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on March 23, 2017, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2017 RIGHT-OF-WAY MOWING at 5:30 p.m. on Monday, March 27, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the designated right-of-way areas in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2017 growing season (approximately May 1, 2017, through October 13, 2017). Page 25 of 185 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The Leisure Services Commission has divided the mowing contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -Option or a total basis, is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affiiniative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. Page 26 of 185 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of acres mowed must agree with numbers recorded by the Leisure Services Commission. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2017 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 27 of 185 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS PAGE 3 OF 3 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other pew 28 of 185 firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. V.I. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or Iiving in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to cany out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS PAGE 2 OF 3 Page 29 of 185 IX. CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required insurance within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS PAGE 3 OF 3 Page 30 of 185 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure ServiceslCity of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE 1 OF 3 Page 31 of 185 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 32 of 185 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at Least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occur ence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Cleric/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 Page 33 of 185 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2017 RIGHT-OF-WAY MOWING SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow the designated right-of-way and other turf areas in accordance with these specifications. RIGHT-OF-WAY AREAS The following are the right-of-way areas to be mowed. Included in the mowing areas are medians, shoulders, ditches, and frontage areas. The acreages listed are approximate only and shall be verified by the bidder. The Leisure Services Commission reserves the right to modify and verify actual acreages mowed throughout the season. NEW FOR 2017- Dubuque Road, San Marnan Dr, and US 218 corridor were measured using GPS technology. Please note changes in acreages from previous years. Broadway St. (22 acres) Parker St. to Airport Blvd. Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits San Marnan Dr. (36.6 Acres) West 4th to Texas St. US 218 corridor (68.6 acres) US 63 interchange to San Marnan Dr. Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4 -t'' St. Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Greenhill Road (28 acres) Cedar Falls city limits to US 218 interchange University Avenue (13 acres) Midway Dr. to US 63 Virden Creek Waterway (2 acres) Corner of East 4th & Arlington St. to East Mullan Ave. (Hwy 63) Logan Ave/ HWY 63 (8.1 acres) Medians and public right of way Newell Street to Ralston Road. FAIRVIEW CEMETERY The following area shall be mowed on a biweekly basis from approximately May 1 to June 16 and monthly from June 16 to October 13 for a maximum of 8 mowings, depending on holidays. The actual number of mowings will be based on growing conditions and budget restraints. Fairview Cemetery (7 acres) Corner of Fairview Ave. & Conger St. VIRDEN CREEK WATERWAY The following area shall be mowed monthly May 1 to October 13 (maximum of 6 mowings). The actual number of mowings shall be based on growing conditions and budget restraints. Page l of Page 34 of 185 Virden Creek Waterway (2 acres) from corner of East 4th Street & Arlington St. to East Mullan Ave (Hwy 63). This area includes 3380 linear feet of fencing, to be trimmed one foot on each side of fence line to match the height and appearance of surrounding vegetation. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Leisure Services Commission. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snow plow & snow removal operations. This includes adding soil and seeding damaged areas as needed. To include the responsibility for legally disposing of animal carcasses by contacting the City of Waterloo Traffic Operations Department at 291-4440. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Leisure Services Commission may add or delete mowing of areas based on growing conditions and budget considerations. The following right-of-way areas shall be mowed on a by -weekly basis from approximately May 1 to October 13 (maximum 12 mowings). 1) Greenhill Road (28 acres) 2) San Mannan Dr. (36.6 acres) Medians, north & south frontage from West 4th to Texas St. 3) University Ave. (13 acres) 4) US 218 corridor —(68.6 acres) Mow approx. 20 foot wide path along fence line, from San Mannan Dr. going north on the east side of the on ramp to just past Baur Built Tire, and from San Marnan Dr. going north on the west side of the off ramp to Exit Sign 72. 5) Martin Luther King Jr. Dr. (23 acres from Franklin St. to Idaho St.) 6) Police Training Center (2.6 acres Martin Luther King & Elk Run Rd.) 7) Logan Ave/ HWY 63 North (8.1 acres Newell St. to Ralston Rd.) NOTE: Homeowner on the Southwest corner of the Parker/Logan intersection will complete the mowing in the right of way in front of their home. The following right-of-way areas shall be mowed on a biweekly basis from approximately May 1 to June 16, and monthly from June 16 to October 13, for a maximum of 8 mowings based on growing conditions and budget restraints. 1) Broadway St 2) Dubuque Rd. Page 2 of Page 35 of 185 3) Hwy 20 overpasses The following right-of-way area shall be mowed on a biweekly basis from approximately May 1 to June 16, and monthly from June 16 to October 13, for a maximum of 8 mowings (depending on holidays) based on growing conditions and budget restraints. 1) Fairview Cemetery (Corner of Fairview Ave. & Conger St.) The following right-of-way areas shall be mowed on a monthly basis from approximately May 1 to October 13. Mowings based on growing conditions and budget restraints. 1) Virden Creek Waterway (E 46 to E. Mullan) GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curb and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements will be allowed with prior authorization from the Leisure Services Commission and applied by qualified state approved person with commercial applicator license. Copy of applicators current license must be provided to the Leisure Services Commission. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Leisure Services Commission. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to the Leisure Services Commission. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain Page 3 of Wage 36 of 185 intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Line trimmers Walk -behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with Landpride or comparable 14' to 22' tow -behind mowers Four wheel drive slope running tractor/mower Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this mowing contract. Page 4 of Wage 37 of 185 BIDDER: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2017 RIGHT-OF-WAY MOWING COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of 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 in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the 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 RIGHT- OF-WAY MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all mowing services for: • Broadway St. (22 acres) Parker St. to Airport Blvd. • Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits • San Marnan Dr. (36.6 acres) W.4th St. to Texas St. • US 218 corridor (68.6 acres) US 63 interchange to San Marnan Dr. • Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4ti3 St. • Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho. • Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Total 168 acres Price Per Acre: dollars ($ OPTION B: provide all specified mowing services for • University Ave. (13 acres) and • Greenhill Road (28 acres) Total 41 acres Price Per Acre: dollars ($ ) BID FORM page I of 3 Page 38 of 185 OPTION C: provide all specified mowing services for Fairview Cemetery (7 acres) Price Per Acre: dollars ($ ) OPTION D: provide all specified mowing services for Virden Creek Waterway (2 acres) Price Per Acre: dollars($ ) OPTION E: provide all specified mowing services for Logan Ave/Hwy 63 (8.1 acres) Price Per Acre: dollars($ ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the fotiin of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. 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. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / BID FORM page 2 of 3 Page 39 of 185 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. 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. SIGNED: DATE: / I Name and Title BID FORM page 3 of 3 Page 40 of 185 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Page 41 of 185 Dated this day of , 20 State of ) ) ss County of ) Name of Bidder By: Title: , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS P/6OF42 of 185 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Suhccri bed, ca vtd, orvv to- before/ vne, th.i ' day of , 2017. S t, acture, rate, 7" e, My ecptreS( Page 43 of 185 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) that: , being first duly sworn, deposes and says 1. He is {Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2017 RIGHT-OF-WAY MOWING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sub-scrace, avud swarf v to- be rem mei thaw day of , 2017. SC -nate ire. "ride/ My ei,q)Cre Page 44 of 185 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program --- Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 Page 45 of 185 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 46 of 185 CITY OF WATERLOO Council Communication Motion to appoint Ed Abben as Facilities Maintenance Foreman, in the Building Maintenance Department, effective March 7, 2017. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/1/2017 - 12:15 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 1:08 PM Appointment Information: Board/Commission: Expiration Date: New Appointment SUBJECT: Motion to appoint Ed Abben as Facilities Maintenance Foreman in the Building Maintenance Department, effective March 7, 2017. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Summary Statement: The Human Resource Committee approved this position at their December 12, 2016 meeting Expenditure Required: $60,694.40 Source of Funds: Building Facilities Maintenance General Fund Budget Policy Issue: Personnel Page 47 of 185 CITY OF WATERLOO Council Communication Motion to appointment of Greg Ahlhelm as Building Official, effective March 7, 2017. City Council Meeting: 3/6/2017 Prepared: 3/1/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/1/2017 - 1:11 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 2:55 PM ATTACHMENTS: Description Type D Job Description Cover Memo ❑ Questions Cover Memo ❑ PRF Backup Material SUBJECT: Motion to appointment of Greg Ahlhelm as Building Official, effective March 7, 2017. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Request Approval This position has been vacated from Craig Clark since 9/9/16 and Greg Ahlhelm has been filling in as interim since. Also prior to his interim position, Greg has held the Plans Review Examiner position. With the elimination of Summary Statement: the Plans Review Examiner and reorganization of duties, we believe we are highly efficient and at maximum potential. Expenditure Required: $72,000 plus benefits Source of Funds: General Fund Policy Issue: Personnel Page 48 of 185 DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT • BUILDING OFFICIAL COMMUNITY PLANNING & DEVELOPMENT BUILDING INSPECTIONS $72,000-$82,000 annualized EXEMPT NOT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional and administrative position under the general direction of the Community Planning & Development Director responsible for planning, organizing and directing the operations and activities of the Building Inspections Department, including plan review, construction permits and inspections and enforcement of building code; also enforces construction codes to ensure public fire safety, life safety and health and, in conjunction with plan review, provides interpretation and suggests alternate methods and materials. Extensive leeway is granted for the exercise of independent judgment and initiative. Supervises and coordinates the work of union and non-union inspectors, technicians and clerical staff. EXAMPLES OF ESSENTIAL FUNCTIONS These functions are considered essential for successful performance in this job classification. 1. Directs; coordinates, reviews, assigns and evaluates inspection services, including all phases of building construction, heating and air conditioning, plumbing, electrical and life safety inspections for conformance with the City's Code of Ordinances. 2. Reviews all building plans including residential, commercial and industrial projects for compliance with the building, mechanical and energy codes, City ordinances and, to a lesser degree, plumbing and electrical codes. 3. Uses knowledge of building materials, construction methods and codes to advise architects/design professionals, contractors, owners and others on Code minimum requirements during all phases of the design and construction process; coordinates with inspectors to resolve problems during construction; coordinates with Planning & Zoning, Engineering and Fire Rescue on projects or issues that affect those departments. 4. Examines and passes plans for major building construction and alterations. 5. Hears and investigates inspection complaints; assists in preparing cases for submission to City Attorney for prosecution. 6. Understands and explains Code requirements, City policies and review processes and answers technical and procedural questions in a timely, professional and friendly manner orally, graphically and in writing to a diverse client base, including technical and non-technical people with a wide range of expertise. 7, Uses historical building codes in correlation with current construction practices as appropriate; keeps current on new building construction methods and materials; prepares reports pertaining to alternate methods, materials and interpretations. 8. Drafts ordinances governing the municipal inspection program; makes recommendations and facilitates Code changes. 9. Assists with development of annual department operating budget and analyzes and interprets operating and financial reports for Building Inspections; administers department purchasing, expenditures and revenues. 10. Serves as the ADA Compliance Coordinator for the Americans with Disabilities Compliance Commission Board for the City of Waterloo; serves as an ex -officio member on the General Contractors Board of Licensing, Examiners and Appeals; represents the City of Waterloo on the Electrical Board, HVAC Board and Plumbing Board. Page 49 of 185 11. Answers questions from elected officials, the media, other departments, contractors, design professionals, property owners, State and Federal agencies and the public regarding building inspections. 12. Establishes and maintains processes for plan review, including tracking plans and reviews 13. Supervises, plans, organizes, directs and evaluates the work of staff; develops policies and procedures designed to increase the efficiency and effectiveness of department operations. 14. Attends City Council meetings as necessary and other meetings requiring the expertise of the Building Official; attends meetings, conferences, workshops and training sessions and reviews publications and audio-visual materials to become and remain current on the principles, practices and new developments in building construction and life safety. 15. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 16. Works independently and with others with minimum supervision. 17. Performs work of a repetitive nature and varied workload pace. 18. Attends work regularly at the designated place and time. 19. Establishes and maintains effective working relationships with other City employees, City Council, Mayor, business and community groups, contractors, State and Federal officials, representatives of the media and the public. 20. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Building Inspections safety rules and regulations. 21. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Comprehensive knowledge of structural engineering practices and building mechanical systems as they related to construction and inspection of commercial, industrial and residential structures; ability to read, understand and work from blueprints, plans and diagrams, 2. Comprehensive knowledge of or the ability to learn the City's Code of Ordinances for building construction, zoning, heating and air conditioning, housing, plumbing and electrical inspection. 3. Ability to interview, select, train, supervise and evaluate staff and to resolve complaints, conflicts and problems with staff and the public. 4. Ability to read and interpret laws, resolutions, ordinances, codes, license specifications and contracts. 5. Ability to understand and follow oral and/or written policies, procedures and instructions. 6. Ability to prepare and present accurate, understandable and reliable reports containing findings and recommendations. 7. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, organize information through use of a computerized database, develop computer-generated reports and update records. 8. Ability to use independent judgment to recognize and solve problems and make decisions and recommendations regarding enforcement of related municipal ordinances and to plan, organize and implement all activities of the Building Inspections Department. 9. Ability to perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time -sensitive deadlines. 10. Thorough knowledge of administrative practices, including team building, goal setting and the development of modern office management systems. Page 50 of 185 11 Ability to communicate effectively and tactfully, maintain harmonious working relationships and respond to questions, concerns and complaints from businesses, civic and citizen groups, contractors, design professionals, property owners, elected officials and the public orally and in writing, using technical and non- technical language. 12. Ability to analyze and interpret data, review materials on a variety of department issues, give recommendations, review operating and financial statements and administrative reports. 13. Decision-making ability to develop rules, policies, regulations, programs and budget for the department. 14. Ability to move physically from one City facility or work site to another by walking or driving a passenger vehicle. 15. Ability to work with diverse groups of people from a broad variety of social, economic, racial, educational, ethnic and cultural backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with Bachelor's Degree in Construction Technology, Structural or Mechanical Engineering, Architecture or closely related field with minimum five (5) years progressively more responsible experience, including supervisory and administrative experience, in building construction, building inspections, plan review or building maintenance OR Associate's Degree in related area with a minimum ten (10) years progressively more responsible experience, including supervisory and administrative experience in the areas previously defined OR Any equivalent combination of education, experience and training that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Must obtain within twelve (12) months of employment Certified Building Official certification from the International Code Council (ICC). 3. Current Iowa driver's license and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of ten mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 4. Strong oral and written communication skills with particular emphasis on communicating effectively with a wide variety of individuals. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. Sufficient clarity of speech and hearing or other communication capabilities that permits the employee to communicate effectively in person and on the phone. 2. Sufficient vision or other powers of observation that permits the employee to review a wide variety of written material, including blueprints, construction plans and diagrams in electronic or hard copy form; also, to safely operate a passenger vehicle. Page 51 of 185 3. Sufficient manual dexterity that permits the employee to operate a personal computer and related equipment. 4. Sufficient personal mobility and physical reflexes that permits the employee to access various work sites throughout the City by passenger vehicle and to travel out of the area. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including driving, education, employment and criminal history checks on any applicant being considered for this position. 2. Upon employment, must not be directly or indirectly engaged in manufacturing, selling, installing or repairing any building products, fixtures or materials of any kind; also, must not directly or indirectly receive any profit, emolument or compensation other than that fixed by the City Council, on account of the erection, restriction, remodeling or repairing of buildings within the City limits of Waterloo or Black Hawk County. 3, Must establish residency within Waterloo City limits in time period as determined by Mayor — only for Department Heads. 4. May be required to submit to and successfully pass panel interview and subsequent interview(s) by the Mayor or his designee(s). 5. The City of Waterloo reserves the right to require a physical examination and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this job classification. WORK SCHEDULE Generally 7:30 a.m. to 4:30 p.m. Monday through Friday. Must also be available outside of and in addition to these hours for City Council or other meetings and activities that require the attendance of the Building Official. Will occasionally make out- of-town trips. Minority, female & disabled individuals are encouraged to apply. A.A./E,E.O BUILDING OFFICIAL DESCRIPTION 17 January 2017 Page 52 of 185 Title PERSONNEL REQUISITION Building Official The following questions are provided as guidelines to assist you in developing your rational for the position of Building Official in the Building Inspections/Maintenance Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? The responsibilities of the Building Official is oversight, coordination of interpretation and organization of Building Inspectors and compliance with all Building Codes adopted by City of Waterloo. The State Code requires Waterloo to have a Building official. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, it cannot be assigned. By State Code we must have a Building Official. (3) How is the work of this position being accomplished now? It is being accomplished now by interim Building Official, Greg Ahlhelm (4) Are the filled positions in your department currently being utilized to their maximum potential? With the elimination of the Plans Review Examiner and reorganization of duties, we believe we are highly efficient and at maximum potential. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? The filling of position will continue to allow the City to bring economic development and redevelopment to community in an efficient, proper, and safe manner for construction. Both long term and short term. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? The position will allow us to continue to bring in revenue through Building permits, Plan Review, etc. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? No comp time or overtime is in play. Page 53 of 185 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Permit activity continues to rise. Leadership and organization of Bldg Dept. remains a priority. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Would be in violation of State Code in not filled. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Chief Building Inspector, department head, and permit writer would cover work on vacation. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No, State Code violation (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Highly important to continue reliability and positive Building construction. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position is vital to all terms relating to economic development, Note: Forward completed questionnaire to. Human Resources Department with original copy of Personnel Requisition form. Page 54 of 185 Check as applicable: PERSONNEL REQUISITION FORM [1 To start recruiting or civil service process and/or ® To fill a vacancy [] Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Building Official Department: Building Inspections - Maintenance Reports To: Community Planning & Dev Director Work Location: City Hall Employment Status: ® Regular Full Time ❑ Temporary Full Time from to 111 Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7 -Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Non -bargaining Position: ❑ Yes El Yes ® Yes ®No ,11 No ❑ No Recommended Recruitment Sources: ❑ Internal Posting Only ❑ Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: n New Position or ® Replacement Position for: Craig Clark (Specify name of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 9/9/2016 Date of final payout: 9/30/2016 Anticipated start date: 3/7/17 No. of hours/week: 40+ Work schedule: 7:30 am -4:30 pm Annual salary requirements: $72,000 Hourly Rate: $34.62 Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Justification of need for position: State Code requires this position What are the likely consequences if the position is not filled? In violation of State Code APPROVALS Approved subject to th fo110 ing conditions: Submitting Department Head Date Mayor Chief Financial OtficeDate Hu�ri Human Resources Committee Chai erson Date Date an Resources Manager (] Date Page 55 of 185 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 3/6/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 3/2/2017 - 10:03 AM ATTACHMENTS: Description Type D Bonds for council approval Backup Material SUBJECT: Bonds Page 56 of 185 CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 2, 2017 Mayor Quentin I-Iart and City Council Members City Hall Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bonds filed with the City Cleric/Auditor's Office up to the close of business on March 2, 2017. Of the 2 bonds submitted, 2 were approved and were rejected, as shown on the attached list. Very truly yours, Dd R. Zellhoefer Waterloo City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL MARCH 6, 2017 RIGHT OF WAY CONSTRUCTION BOND 63079056 IA 601424 HUDSON HARDWARE PLUMBING & HEATING, INC. (expires 4/30/2017) TONY'S PLUMBING & HEATING LLC (expires 4/30/2018) AMOUNT $5,000.00 HUDSON, IA CEDAR FALLS, IA Page 57 of 185 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 515 E. 3rd Street, 519 E. 3rd Street, 516 Pine Street, and 521 Pine Street, in the amount of $1.00, to JSA Development, LLC. City Council Meeting: 3/6/2017 Prepared: 2/17/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type ❑ JSA Walnut Development Agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Date 3/1/2017 - 3:15 PM 3/1/2017 - 3:23 PM 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 authorizing sale and conveyance of city owned properties located at 519 E. 3rd Street, 516 Pine Street, and 521 Pine Street to JSA Development, LLC for $1.00 each, and authorize Mayor and City Clerk to execute all necessary documents. Resolution approving a development agreement with JSA Development, LLC, requiring the city to obtain a historical consultant to oversee work needed to establish a Walnut Historic Neighborhood National Register of Historic Places District, providing a grant of $10,000 to JSA Development, LLC for the completion of historic rehabilitation of properties listed in said agreement, and establish terms for future property acquisitions and easements in said Walnut Neighborhood, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City of Waterloo has agrressively gone after blighted and vacant homes, including these listed in the Walnut Neighborhood area. With renewed interest by Habitat for Humanity, the Walnut Neighborhood Association, and JSA Development, this partnership and agreement works to begin many rehabilitations of homes in the area. This saves the City approximately $8,000-$10,000 in demolition costs per structure, annual maintenance for snow removal and mowing, and restores tax base, investment, and stability back to this vital neighborhood. The City currently owns three of the four properties noted. The fourth Page 58 of 185 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: would be acquired, with the City retaining the lot along Franklin Street (with billboard) for future projects. The remaining part of the property acquired works to help parking setup for both 515 and 519 East 3rd Street renovations. The City will also be updating a historic survey for the area, which should help for this project, as well as potential future projects for rehabilitation of homes to this area (estimated at $16,000 to $20,000). $60,000 in acquisition costs, $16,000-$20,000 in historic survey costs TIF and bond funds Historic and Neighborhood Revitalization and Economic Development NA See summary See attached Page 59 of 185 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2017 by and between the City of Waterloo, Iowa ("City") and JSA Development, LLC ("Company"). RECITALS A. City considers economic development and rehabilitation of historic properties 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. B. Company proposes to make significant renovations to certain historic residences in the Walnut Historic Neighborhood, proposing to invest over $1,200,000 to rehabilitate them up to modern standards appropriate for a federally and state qualified historic rehabilitation, as well as related parking and landscaping (collectively, the "Improvements"). Said properties are identified on Exhibit "A" attached hereto (the "Properties") and are located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, which includes the former Logan Plaza Urban Renewal and Redevelopment Plan Area. C. City believes that development of the projects is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the projects have been or will be undertaken and are being assisted. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Documentation and Establishment of a National Register of Historic Places District. City will appropriate all funds necessary to finance the hiring of an appropriately qualified historical consultant to prepare, complete, submit and oversee through approval, all documentation necessary to establish a Walnut Historic Neighborhood National Register of Historic Places District (the "District"). The selected consultant will be engaged by no later than March 31, 2017. The National Park Service approval process will be completed expediently after the completion of the historic survey and district designation by consultant. In support of Page 60 of 185 this effort, City agrees to implement a building demolition moratorium in the proposed District area, effective for a minimum period of two (2) years. City also agrees to evaluate and meet with neighborhood representatives on a potential design review overlay in the proposed District. 2. Property Conveyances. City will convey title to each of the Properties to Company by Special Warranty Deed for $1.00, as set forth more particularly in the paragraphs below. Company and City shall equally share the costs of preparation and updates to abstracts of title. Before conveyance, Company will have an opportunity to assess the condition of each property and determine the financial feasibility of undertaking the rehabilitation project for that property. Company will confirm to City in writing whether or not it will accept a given property, and if Company declines to accept a property the parties will cooperate in good faith to identify a substitute property to be included under the terms of this Addendum. A. 519 E. 3rd Street. Said property will be conveyed within thirty (30) days following the date this Agreement is approved by the Waterloo City Council, following title review and any work necessary to clear title. Concurrently with conveyance of 519 E. 3rd Street, City will convey such interest as it then possesses in the Center Lot (defined below). B. Other Historic Properties. City will work diligently to acquire marketable title to each of the Properties, other than 519 E. 3rd Street which is already under City ownership. Each of the Properties will be conveyed to Company as promptly as possible after request from Company, with a closing date to be determined by mutual agreement, except that City will convey the property located at 515 E. 3rd Street, the abutting parcel currently owned by City (the "Center Lot") at the center of the block that has no address or tax parcel identification number, and abutting parcel no. 8913-24-312- 014, on the terms set forth in this Section, within thirty (30) days of the City acquiring title. In lieu of City acquiring title to 515 E. 3rd Street and parcel no. 8913-24-312-014, Company may negotiate for the purchase of same from the current owner and thereafter obtain reimbursement from City for the net acquisition cost within thirty (30) days after Company delivers to City a copy of the closing statement. Title from City to interests in the Center Lot remaining after the conveyance provided for in paragraph A above shall be conveyed concurrently with City's conveyance of 515 E. 3rd Street or within thirty (30) days after written request from Company. 3. Right of First Refusal. City hereby grants to Company a right of first refusal to acquire other residentially zoned City -owned property within the District, with the exception of 222 Walnut Street and abutting parking lot (parcels 8913-24-308-006 and 8913-24-308-025. Provided that the parties enter into a development agreement with respect to any such property, then the purchase price will not exceed $5,000, otherwise the purchase price will be the lesser of assessed value or appraised market value. 4. Easement. Concurrently with its purchase of 515 E. 3rd Street, City shall purchase adjacent property known as assessor parcel no. 8913-24-312-009 (the "Franklin Parcel"). City shall grant to Company, its successors and assigns, a 20 -foot wide easement for pedestrian and vehicular ingress and egress across the Franklin Parcel. If the City fails to acquire title to the Franklin Parcel by June 30, 2017 as set forth in Section 2.B above, then Company shall be free to acquire title directly from the current owner and thereafter obtain reimbursement from City for the net acquisition cost. 5. Grants to Support Rehabilitation. City will grant Company $10,000 upon completion of the historic rehabilitation for each Property in accordance with City of Waterloo 2 Page 61 of 185 Sale of 657A Property policy or otherwise as a redevelopment incentive. Completion shall be evidenced by City's issuance of a certificate of occupancy, which shall not be unreasonably withheld, conditioned or delayed. In addition, City will reimburse Company for all costs incurred by Company for asbestos testing and abatement, such payment to be made to Company within 60 days after Company's delivery of written substantiation of costs. 6. City Cooperation for Regulatory Approvals and Tax Credits. City and its departments shall provide reasonable cooperation to facilitate and expedite completion of the historic rehabilitation projects. Reasonable cooperation shall include, but not be limited to, coordination of oversight between various departments of the City (e.g., Community Planning and Development, Building Inspections, Fire, Engineering, and other relevant departments). Additionally, departments will agree to utilize the adopted Existing Building Code and recognize any utilities accommodations for flexibility that is accorded to historic structures. Departments shall reasonably assist in meeting non -City deadlines. City shall also support and advocate for variances and special permits that may be reasonable and necessary for Company to complete rehabilitation of the Properties in a manner that will achieve the goals contemplated by the parties. City agrees to execute and support any necessary historic documentation and/or applications necessary to obtain Federal or State Historic Tax credits for Company's rehabilitation projects with respect to the Properties. 7. Demolitions. If any structure in the District is identified before December 31, 2030 as suitable for demolition, City shall exercise best efforts to relocate such structure in lieu of demolition. With respect to any relocations, City will take no action the effect of which would be to prevent or jeopardize the District's designation as a National Register of Historic Places district. 8. Company Performance. The parties agree that Company intends to rehabilitate each of the Properties into market -rate duplexes for rental and that Company, in its discretion, may construct garages. Company agrees not to undertake its rehabilitation work in a manner that would prevent future conversion of any residential structure to a single-family dwelling. Company will commence work on 519 E. 3rd Street within thirty (30) days after conveyance of title, with project completion by July 31, 2018. Rehabilitation work on other Properties will be completed within 18 months of conveyance of title. By mutual agreement of City's Community Planning and Development Director and Company, deadlines may be extended by up to six months, and any extension will be specified in writing and signed by the parties. To secure Company's performance at each separate address, Company will post a separate performance bond for each address in the amount of $5,000 within ten (10) days of receiving title, and such bonds shall be released upon issuance of an occupancy permit for the respective property. 9. Option to Terminate. Company shall have the option to terminate this Agreement at any time upon delivery of written notice to City, if federal or State of Iowa programs for historic tax credits are eliminated or materially altered. For purposes of this Agreement, a material alteration includes reduction of available tax credits by more than 10% in value or any change or changes in eligibility criteria that Company, in its reasonable discretion, determines is likely to have a material adverse effect on project feasibility. 10. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against each Property. Company further agrees that, prior to January 1, 2035, it will not seek or cause a reduction in the taxable valuation for a Property, which shall be fixed for assessment purposes, below the aggregate amount of $95,000 for each Property ("Minimum Actual Value"), through: 3 Page 62 of 185 (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. At closing Company agrees to execute and deliver a minimum assessment agreement in the form attached hereto as Exhibit "B". 11. CURA Tax Exemptions. Provided that the Company has prepared and submitted required documents upon completion of work on a given Property in accordance with the terms of the City's Consolidated Urban Renewal Area ("CURA") property tax exemption program, City will grant and affirmatively support Company's receipt of property tax exemptions of 100% for any taxable value over the taxable value in effect immediately prior to commencement of improvements for the first three years following completion of rehabilitation. Completion of a rehabilitation project shall be determined by notice of completion delivered to City by the Company. Because the Properties are residential, they will not be eligible for tax rebates under current City policy. If, within seven (7) years after CURA exemptions expire with respect to any Property, City policy is modified to allow rebates for residential projects, then the parties will negotiate in good faith on a rebate schedule for the Properties. 12. 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. 13. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all 4 Page 63 of 185 procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Properties and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180 -day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 315 E. 5th Street, Waterloo, Iowa 50703, facsimile number 319-234-5701, Attention: James E. Walsh, Jr. 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. 17. 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. 18. 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 5 Page 64 of 185 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. 19. Severability. 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. 20. 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. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. 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. 24. 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. JSA DEVELOPMENT, LLC CITY OF WATERLOO, IOWA By: By: James E. Walsh, Jr., Manager, Quentin Hart, Mayor Attest: 6 Kelley Felchle, City Clerk Page 65 of 185 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , 2017, by James E. Walsh, Jr. as Manager of JSA Development, LLC. Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , 2017, by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 7 Page 66 of 185 EXHIBIT "A" Descriptions of Property in Walnut Historic Neighborhood 1. 519 E. Td Street. COOLEY ADDITION, SW 30 FT LOT 4 BLK 63, SW 5 FT NE 30 FT SE 97.3 FT OF LOT 4 BLK 63, and NE 15 FT LOT 5 BLK 63. 2. 516 Pine Street. COOLEY ADDITION, E 40 FT N 75 FT LOT 6 BLK 72 AND 10 FT ADJ ON EAST. 3. 521 Pine Street. COOLEY ADDITION, W 50 FT LOT 1 BLK 68, and W 50 FT S 30 FT LOT 2 BLK 68. 4. 515 E. 3rd Street. COOLEY ADDITION, SW 45 FT LOT 5 BLK 63, and NE 5 FT SE 75 FT LOT 8 BLK 63 The minimum assessed value for each of the above properties upon completion of improvements as set forth in the Agreement shall be $95,000. Page 67 of 185 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT (for use with Walnut Historic Neighborhood properties) This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017 by and among the CITY OF WATERLOO, IOWA, ("City"), JSA Development, LLC, ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "Development Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and building(s) thereon pursuant to the Development Agreement and applicable only to the development, which shall be effective upon substantial completion of the development 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 building(s) as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements (the "Improvements") and the work completed as a part of the development; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company or its affiliated companies on each of the properties described in Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements constructed on each such property as a part of the Project shall not be less than $95,000 for each property ("Minimum Actual Value") until termination of this Agreement. With respect to each property, the parties agree to execute a supplement to this Agreement, substantially in the form attached hereto as "MAA Supplement Form 1", no later than December 31 of the year in which substantial completion of construction of Improvements for a given property occurs. The parties also acknowledge that the Company may submit one or more of the properties to a condominium regime after completion of the Improvements and that future owners of any such property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established with respect to a given property shall be of no further force and effect, and with respect to such property this Agreement shall terminate, on December 31, 2034. Page 68 of 185 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. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa, the City paying all costs of recording, and each supplement hereto shall be so recorded after execution. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement between the City and the Company. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. The City agrees to cooperate with any reasonable request by the Company to execute a written assignment of this Agreement to future owners of condominium units that may be created on any of the properties and to execute one or more amendments to this Agreement to divide the Minimum Actual Value for the property among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Quentin Hart, Mayor James E. Walsh, Jr., Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly 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 2 Page 69 of 185 acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me on , 2017, by James E. Walsh, Jr., as Manager of JSA Development, LLC. Notary Public 3 Page 70 of 185 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the 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 subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Ninety -Five Thousand Dollars ($95,000.00) for each property identified on Exhibit "A" until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 71 of 185 MAA SUPPLEMENT FORM 1 Supplement to Minimum Assessment Agreement (for use with Walnut Historic Neighborhood properties) This instrument is a supplement to that certain Minimum Assessment Agreement (the "Agreement") dated as of , 2017, by and between City of Waterloo, Iowa ("City") and JSA Development, LLC ("Company") and filed as Doc. No. Property Address: Tax Parcel No.: Legal Description: See attachment. Minimum Assessed Value: $95, 000.00 MAV Effective Date: January 1, This supplement is made for purposes of acknowledging the substantial completion of improvements to the above property and the establishment of Minimum Assessed Value as of the next assessment date. The Minimum Assessed Value shall be effective until and including December 31, 2034, as set forth in the Agreement. This supplement is subject to all terms and conditions of the Agreement. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: , Manager Title: Page 72 of 185 CITY OF WATERLOO Council Communication Sale of city owned right-of-way, located north of 2006 Dubuque Road, to Noe and Selivy Sibrian, in the amount of $1,000. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Attachments - 2006 Dubuque Rd Vacate SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Date 3/1/2017 - 12:14 PM 3/1/2017 - 12:52 PM 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. Motion to receive, file and consider and pass for the first time an ordinance approving a request to vacate a portion of city owned right-of-way located north of 2006 Dubuque Road. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing sale and conveyance of city -owned right-of-way, .23 acres, located north of 2006 Dubuque Road, to Noe and Selivy Sibrian in the amount of $1,000.00. Resolution approving Development Agreement, including storm water and vehicular use area improvements within twelve (12) months of agreement date, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted is a request by Noe and Selivy Sibrian to enter into a development agreement to vacate, sell and convey a portion of Dubuque Road right-of-way for $1,000.00 located adjacent and north of 2006 Dubuque Road. The right-of-way requested to be vacated is approximately 0.23 acres in size and is located at the southeast corner of Dubuque Road and Nevada Street. The applicant recently purchased this property, and the previous owner had multiple code violations ranging from a vehicular use area that encroaches into the Dubuque Road right-of-way and an unapproved hard surfacing to Page 73 of 185 All - sorry to get this back to you so late 10 years of tax receipts on $1.2 million in renovations planned - raising taxable value of properties to $95,000 each.... Address Current AV Taxes paid Proposed AV Taxes paid 10 years (CURA 10) (Cura 3) 515 E. 3`a Street $32,790 $744.00 $95,000 $1,966.72 Pay $11,013.61 Pay $13,767.01 519 East 3rtl Street $36,830 $0 $95,000 $1,966.72 Pay $11,013.61 Pay $13,767.01 516 Pine $12,290 $0 $95,000 $1,966.72 Pay $11,013.61 Pay $13,767.01 521 Pine $3,080 $0 $95,000 $1,966.72 Pay $11,013.61 Pay $13,767.01 Cost estimates ($94,614.20) Tax abatement above: $8,653.55 per house for 10 year schedule is $34,614.20. 3 year schedule is $5,900.15 times four or $23,600.60) Acquisition of 515 East 3`d Street $60,000 657A Policy reimbursement for homes $40,000 Savings in demolition per homes is estimated at $10,000 or $40,000 total Source of funds is bond funds for nuisance/demo/housing projects which we have planned for past few years to work on infill housing projects and to help developers qualify for State Workforce Housing Program. Lowering city wide taxes Savings in property management. At $2000 per property per year equals $8,000 per year for 10 years (to compare with above) would be $80,000 in saving to general fund Raise in assessed values of adjoin neighborhood - difficult to measure.....(average home in area is valued at $30-40,000 per house. Taxes paid from above on CURA chart (most favorable to developer) would be new revenue of $44,054.44 Permits paid for homes would go to general fund revenue. (-$5,000) Savings in demo costs of $40,000 shown above in Cost Estimates Noel Anderson Community Planning & Development Director City of Waterloo Community Planning & Development Department City Hall 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319.291.4366 Fax: 319,.291.4262 Cell: 319.290.6357 Websites: City - www.citvofwaterlooiowa.com Brownfields: www.thenewwaterloo.com "Can't fail is arrogance. Won't fail is confidence."- Lord John Roxton From: Tom Lindjmailto:tomlindcitvcouncil@gmail.com] Also, please calculate 10 years of city tax receipts based on the minimum assessed values (I assume in TIF) including the CURA deduction. Please also show me the method of calculation. Lots of unknown expenses. Please sent me a detailed cost estimate of each item, source of funds and explain how this proposal will lower citywide property taxes. Summary Statement: the east of the building. In recent action taken by the Board of Adjustment, the encroaching vehicular use area was required to be removed from the Dubuque Road right-of-way and have a setback of 1' from the north property line. The current applicant would like to see if the ability exists to vacate the right-of-way and not remove the paving, noting that due to the angle of the property line, they have concerns on the narrowness of the lot. Dubuque Road was once US Highway 20 before it was rerouted to the southern part of the city in the 1980s, and due to this once being a state highway, the City of Waterloo had to follow Code of Iowa Section 306.23 when disposing of this property. The original parcel was a large triangular shape and the State of Iowa bought from two separate property owners in 1956 when Highway 20 was expanded in this particular area. Proper notice was sent to those two previous property owners last known in 1956, however, no response was heard back. The City had the property appraised to comply with the state code and the appraisal came back with a fair market value of $2,500.00. The applicant is offering to purchase for $1,000.00 to cover the appraisal cost, along with other costs and not the $2,500.00 appraised price, noting that they had $2,800.00 in surveyor costs, indicating their amount appears to meet the sale of city property policy. Staff feels that the offered amount of $1,000.00 appears to be fair and recommends approval of entering into a development agreement to get the property placed upon the tax rolls. At the November 10, 2015 Planning and Zoning Commission meeting, the Commission unanimously recommended approval of the vacate request. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Right-of-way Alternative: N/A Background Information: N/A That part of Block Five (5), Cowin's 2nd Addition to Waterloo, Iowa, described as follows: Legal Descriptions: Commencing at the Southwest corner of aforesaid Block Five (5); thence N88°51'26"E Two Hundred Fifteen and Fifty-four Hundredths (215.54) feet along the South line of said Block Five (5) to the Southeast corner of parcel described in Document No. 2016-03074 in the Black Hawk County Recorder's Office and to the point of beginning; thence continue N88°51'26"E Twenty and Sixty-five Hundredths (20.65) feet still along said South line; thence Northwesterly Two Hundred Fifty-nine and Eighty Hundredths (259.80) feet along the arc of a curve concave Southerly having a radius of Seven Hundred Thirty-nine and Sixty Hundredths (739.60) feet and a long chord of Two Hundred Fifty-eight and Forty-seven Hundredths (258.47) feet which bears N61°33'54"W; thence S26°46'23"W Thirteen and Fourteen Hundredths (13.14) feet to the Northeasterly line of aforesaid parcel; thence Southeasterly Two Hundred Forty-one and Twenty-six Hundredths (241.26) feet along said Northeasterly line and along the arc of a Page 74 of 185 curve concave Southerly having a radius of Seven Hundred Twenty-six and Sixty Hundredths (726.60) feet and a long chord of Two Hundred Forty and Fifteen Hundredths (240.15) feet which bears S62° 16' 04"E to the point of beginning containing 3,257 square feet. Page 75 of 185 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: Vacate portion of Dubuque Rd. November 10, 2015 Request by Noe Sibrian to vacate approximately 0.23 acres of Dubuque Road right-of-way adjacent to 2006 Dubuque Road. Noe Sibrian, 425 Independence Avenue, Waterloo, IA 50703 The applicant is requesting to vacate the right-of-way in question for the purposes of incorporating it with the site they own at 2006 Dubuque Road. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. However, the applicant is showing on the submitted vacate document to vacate a portion of the right-of-way directly at the southeast corner of Nevada Street and Dubuque Road, which has two utility poles and a traffic signal. The right-of-way vacate plat will need to be updated to exclude this area. There are no recreational trails within the immediate area. There are no plans to extend a recreational trail along this portion of Dubuque Road, however, pedestrian accommodations could be added in the future in this area, as there are sidewalks along Nevada Street. The area of the proposed vacate is zoned "C-2" Commercial District, and has been zoned as such since October of 1975. North — Light industrial development and Chicago Central Railroad, zoned "R -2,C -Z" Conditional Zoning District. South — Single-family residences, zoned "R-2" One and Two Family Residence District. East — Single-family residences and Chicago Central Railroad, zoned "R-2" One and Two Family Residence District. West — Commercial development, zoned "C-2" Commercial District. The area is comprised of commercial and residential development, along with some light industrial uses, with the residential uses being developed in the early 1900s and commercial/industrial uses being developed in the 1960s up to 2009. No buffers or additional screening is needed with this request. Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Pa'ff 76f 6f 185 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: Vacate portion of Dubuque Rd. November 10, 2015 Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Highland Elementary School is located approximately a 1/2 mile to the east along Idaho Street. There are no known utilities in the area within question. There is a 30" sanitary sewer, along with a 48" storm sewer located within Nevada Street, directly to the west of the site in question. The Future Land Use Map designates this area as Commercial, and the vacate request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The Comprehensive Plan notes commercial uses as being uses that involve the retail sale of goods and/or services to the public for the purpose of profit. The site is located within the Primary Growth Area. The applicant is requesting to vacate 0.23 acres of City right-of-way at the intersection of Dubuque Road and Nevada Street, adjacent to 2006 Dubuque Road. There appears to be a possibility to vacate a portion of the right-of-way along the south side of Dubuque Road, as there appears to be no utilities in the area in question. The applicant is showing on the submitted vacate document to vacate a portion of the right-of-way directly at the southeast corner of Nevada Street and Dubuque Road, which has two utility poles and a traffic signal. That portion of the right-of-way vacate plat will need to be updated to exclude this area. The applicant recently purchased this property, and the previous owner had multiple code violations ranging from a vehicular use area that encroaches into the Dubuque Road right-of-way and an unapproved hard surfacing to the east of the building. In recent action taken by the Board of Adjustment, the encroaching vehicular use area was required to be removed from the Dubuque Road right-of-way and have a setback of 1' from the north property line. The current applicant would like to see if the ability exists to vacate the right-of-way and not remove the paving, noting that due to the angle of the property line, they have concerns on the narrowness of the lot. Dubuque Road at one time was Highway 20 before it was relocated to the south side of the City, therefore, the right-of-way will need to be appraised before it is sold and offered back to previous owners, abutting owners and properties that were a part of the overall acquisition parcel to follow state code. There is no platting required for this request. Pgd>y6f 185 November 10, 2015 STAFF Therefore, staff recommends that the request to vacate the RECOMMENDATION: approximately 0.23 acres of Dubuque Road right-of-way 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 upon pedestrian and traffic conditions within the surrounding area, as there appears to be excess right-of-way. 3. There appears to be no utilities within the right-of-way in question. And subject to the following condition(s): 1. 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A!'RO FL :40 844.60c 844.10g AVING 844.40 MATCH MATCH 845.41 845.23 6 844.45c 843.95g 6" CURB 812 844.30c 843.80g FLOWLINE= 8 844.15c 843.65g 24.0'- PROPOSED PAVING 2.2% 1`r) C 00 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 PLAT OF SURVEY SHEET 1 OF 2 PARCEL "D" PART OF BLOCK 5 COWIN'S 2ND ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: NOE I. SIBRIAN & SELIVY SIBRIAN LEGAL DESCRIPTION PARCEL "D" That part of Block Five (5), Cowin's 2nd Addition to Waterloo, Iowa, described as follows: Commencing at the Southwest corner of aforesaid Block Five (5); thence N88'51'26"E Two Hundred Fifteen and Fifty—four Hundredths (215.54) feet along the South line of said Block Five (5) to the Southeast corner of parcel described in Document No. 2016-03074 in the Black Hawk County Recorder's Office and to the point of beginning; thence continue N88'51'26"E Twenty and Sixty—five Hundredths (20.65) feet still along said South line; thence Northwesterly Two Hundred Fifty—nine and Eighty Hundredths (259.80) feet along the arc of a curve concave Southerly having a radius of Seven Hundred Thirty—nine and Sixty Hundredths (739.60) feet and a long chord of Two Hundred Fifty—eight and Forty—seven Hundredths (258.47) feet which bears N61'33'54"W; thence S26'46'23"W Thirteen and Fourteen Hundredths (13.14) feet to the Northeasterly line of aforesaid parcel; thence Southeasterly Two Hundred Forty—one and Twenty—six Hundredths (241.26) feet along said Northeasterly line and along the arc of a curve concave Southerly having a radius of Seven Hundred Twenty—six and Sixty Hundredths (726.60) feet and a long chord of Two Hundred Forty and Fifteen Hundredths (240.15) feet which bears S62'16'04"E to the point of beginning containing 3257 square feet. NOTES: 1. The basis of bearings for this Plat of Survey is the South line of Block 5 Cowin's 2nd Addition assigned an assumed bearing of N88'51'26"E. r This Plat or Subdivision has been reviewed by (City of Waterloo) Signature of (City of Waterloo) Date Zoning Ordinance Administrator CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Iowa. n Novemher ?_ 2015 ON 3113 S30 r- r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 O 50 1 INCH = 50 FEET PLAT OF SURVEY PARCEL "D" PART OF BLOCK 5 COWIN'S 2ND ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: NOE I. SIBRIAN & SELIVY SIBRIAN CURVE TABLE DIMENSIONS IN FEET CURVE LENGTH RADIUS DELTA CHORD CHORD B. C1 (246.76) (726.60) '19'27'28") (245.57) (S62'29'05"E) 726.6 245.8 C2 (259.80) (739.60) (20'07'36' (258.47) (N61'33'54"W) C3 (241.26) (726.60)'19'01'27") (240.15) (56716'04"E) 726.6 PARCEL "0" (3257 SQUARE FEET) 00 QEF FOUND 5/8" REBAR n SURVEY LEGEND: SHEET 2 OF 2\ • DENOTES FOUND PIN & YELLOW CAP #8033 (UNLESS NOTED OTHERWISE) O DENOTES 1/2" X 24" STEEL REBAR W/ RED PLASTIC CAP W/ NO. 16775 SET 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION Pw n BLOCK 5 co • COWIN'S 2ND ADDITION -co P PROPRIETORS: NOE L SIBRIAN & SEUVY SIBRIAN NEVADA STREET (60' (Norio'21"w-119.O6') r. 2" DOCUMENT No. FOUND 1/2" 2016-03074 REBAR PROPRIETOR: CITY OF WATERLOO 215.7' (N86'51'26"E-215.54') 70' LOT 1 o co 35' 35' 35' LOT 35' 35' (S88'51'55"W-210.01') 2 35' BLOCK 2 LINDEN LACE 35' 35' LOT 3 35' 35' (20.65) (N88'51'26"E) 35' LOT 4 35' 10' LOT 5 FOUND 1" CUP PIN MULBERRY STREET (60' R/W) ON 3113 S30 2006 Dubuque Rd — Right -of -Way Vacate Request Looking at the area of right-of-way that is being proposed to be vacated. Page 84 of 185 Pref red by: Tarn Andera, City of Waterloo. 715 Mulberry Street. Waterloo. IA 50703 ( 319) 291-4366 DEVELOPMENT AGREEMENT This Agreement is made and entered into this day of 2017, by and between Noe I. Sibrian and Selivy Sibrian, husband and wife, hereafter called "Developer", and the City of Waterloo, Iowa, hereinafter called "City". WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city -owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Developer is willing to purchase vacated City right-of-way in the amount of $1,000.00, and legally described on attached Exhibit "A", located adjacent to 2006 Dubuque Road (hereinafter the "Property"). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to convey the Property to Developer for $1,000.00, plus costs. The City shall convey the Property to Developer by Quit Claim Deed. The Property has a full appraised value of $2,500.00, but the City agreed to grant Developer a credit of $2500.00 against the full appraised value for the Developer's survey costs ($2,800.00), which is permitted by the City of Waterloo Sale of Property Policy, on the condition that Developer pay the City $1,000.00 to cover the cost of the appraisal. Developer shall construct storm water improvements and bring vehicular use areas into compliance with the City of Waterloo Zoning Ordinance,(hereinafter "Improvements"), and take out necessary permits within twelve months of the date of this agreement. The Improvements shall be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable city ordinances. 2. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and shall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, return receipt requited, postage prepaid, or by hand delivery, addressed as follows: For the City: Mayor Quentin Hart City Hall 715 Mulberry Street Waterloo, Iowa 50703 1 Page 85 of 185 By: By: With copy to City Planner For Developer: Noe I. Sibrian and Selivy Sibrian 425 Independence Avenue Waterloo, Iowa 50703 3. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of Developer. 4. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. Noe Sibrian Seli CITY OF WATERLOO, IOWA By: Date Date Quentin Hart, Mayor Date ATTEST: Kelley Felchle, City Clerk Date 2 Page 86 of 185 Exhibit "A" Legal Description — Portion of Right -of -Way to be Conveyed That part of Block Five (5), Cowin's 2nd Addition to Waterloo, Iowa, described as follows: Commencing at the Southwest corner of aforesaid Block Five (5); thence N88°51'26"E Two Hundred Fifteen and Fifty-four Hundredths (215.54) feet along the South line of said Block Five (5) to the Southeast corner of parcel described in Document No. 2016-03074 in the Black Hawk County Recorder's Office and to the point of beginning; thence continue N88°51'26"E Twenty and Sixty-five Hundredths (20.65) feet still along said South line; thence Northwesterly Two Hundred Fifty-nine and Eighty Hundredths (259.80) feet along the arc of a curve concave Southerly having a radius of Seven Hundred Thirty-nine and Sixty Hundredths (739.60) feet and a long chord of Two Hundred Fifty-eight and Forty-seven Hundredths (258.47) feet which bears N61 °33'54"W; thence S26°46'23"W Thirteen and Fourteen Hundredths (13.14) feet to the Northeasterly line of aforesaid parcel; thence Southeasterly Two Hundred Forty-one and Twenty-six Hundredths (241.26) feet along said Northeasterly line and along the arc of a curve concave Southerly having a radius of Seven Hundred Twenty-six and Sixty Hundredths (726.60) feet and a long chord of Two Hundred Forty and Fifteen Hundredths (240.15) feet which bears S62°16'04"E to the point of beginning containing 3,257 square feet. 3 Page 87 of 185 CITY OF WATERLOO Council Communication FY 17/18 Complaint Mowing with Complaint Snow Removal Contract City Council Meeting: 3/6/2017 Prepared: 3/1/2017 REVIEWERS: Department Reviewer Action Date Code Enforcement Even, LeAnn Approved 3/1/2017 - 2:49 PM ATTACHMENTS: Description Type D Mowing, Snow Plowing Contract Cover Memo ❑ Bid Tab Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Code Enforcement for review. Submitted by: Submitted By: Dave Zellhoefer, Code Enforcement Recommended Action: Approve specifications, etc. and taking of bids. Page 88 of 185 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT NOTICE OF PURI =IC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 201" COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL RECEIVING OF BIDS Sealed proposals will be received by the City Clerk ol'the City of Waterloo, lowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, March 2, 2017, until 12:00 NOON, for the 2017 COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL as described in the plans and specifications now on file in the City Clerk's office and the. Code Enforcement Department OPENING OF BIDS All proposals received for the 2017 COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL will be opened in the City Clerk's Office in City Hall, Waterloo, Lown, on Thursday, March 2, 2017, at 1:()O p.m., and the proposals will be referred to the Code Enforcement Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2017 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL at the City Council Meeting, Monday, March 6, 2017. The hearing will be held in the City Council Chambers in Waterloo City Hall_ The contract documents are on file in the City Clerk's office, 71 5 Mulberry St., and the Code Enforcement Department, 626 Mulberry Street, Waterloo, lowa for public examination. Any person interested may file written objection with the City Clerk before the: dale set for the hearing or appear and make objection at the meeting. "COPE OF WORK Contrcctor shall provide all labor, equipment and materials necessary to mow and/or remove snow from the ,.reals in accordance with these specifications, CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 17, 2017, through March 30, 2018. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Code Enforcement Department. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid form.. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in lov, c"tmri Bred under the laws of the United States or the State of Iowa_, or a bid bond payable to She City of 'yV: i rico. Lonna_ in the su.rn of Fifteen Hundred Dollars ($1,500.00). ... ': certified. check, certified share draft, or bid bond will be held as security that the (Bidder will enter into a Con;r.ec:. the mowing and snow removal work and wing furnish the required hands, and in c rise the wuccessful bidder shad .til or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained b}' said ;treed liquidated damages_ If a bid bond is used, it must be signed by both the bidder and the surety or the SLEeZ:,-s agent. Signature of surety's agent must be supported by accompanying Potter of ,Attorney_ NOT@CE. TO BIDDERS Page 1 ort Page 89 of 185 CONTRACT AWARD The Code Enforcement Department has divided the contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract_ The City shall award one or more Contracts to the responsible Biddcr(s) whose bid, cooiiorming tea the Specifications and 'without regard to whether the bid is made on a per -option or a total basis. is most advantageous. to the City, and the Code Enforcement Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options_ or all Options together_ The intention is not to award the contract at the time of bid opening„ but to award the contract after review of bids and bidder information by the City and the Code Enforcement Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) clays after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The l3ond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor_ AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Aflimiativc Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT T() CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed hill of completed work must be received and approved by the Code Enforcement Department for Complaint Mowing %Niith Complaint Snow Removal located at 626 Mulberry St., Waterloo, Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Code Enforcement Department_ The billing shall include: • Address of properties • Pictures of properties prior to mowing'/snow removal • Pictures of properties when mowing/snow removal completed • Fence line pictures of neighboring properties. (claiming damage protection) • Pictures to be dated & time stamped • Area or time billed for (depending on bid proposals) • Extra materia] used (salt) Published by order of the City Council of said City of Waterloo, Iowa, on the day of 2017 City of Waterloo, Iowa, Kelley Fe]chle, City Clerk NOTICE TO Bu713EK I'age2of2 Page 90 of 185 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT INSTRUCTION TO BIDDERS L EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment attic Request for Proposals and will be furnished to all prospective bidders_ Its receipt by the bidder must be acknowledged in the space provided on the Bid Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. ii. PROPOSALS SUBMITTED All bids must be submitted an forms supplied by the Code Enforcement Department Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge_ The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted_ Bids may be withdrawn by written request received from bidders prior to the time set for cic�siug of bids_ IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for open ing in the Request for Proposals and Notice to Bidders_ Their content will be made public for the information of bidders and others interested who may be present either its person or by representative_ V. COLLUSIVE AGREEMENTS A_ Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. TPISTRUCTION T{} PIDDF.RS Page 1 of 3 Page 91 of 185 B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted_ Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MRE/WBE CONTRACT COMPLIANCE PROGRAM Alt Bidders have the responsibility to comply with the City of Waterloo MBE/W BE Contract Compliance Program_ City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319)291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in punihasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Code Enforcement Department submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Code Enforcement Department shall have the right to take such steps as it deems necessary' to determine the ability of the Bidder to perform obligations undcr the Contract; and the Bidder shall furnish the Code Enforcement Departrnent all such information and data for this purpose as it may request, The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Code Enforcement Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A_ Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature. the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the IN5TRUCTIQN TO BIDDERS Pace 2 :,f 3 Page 92 of 185 work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the went. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond_ C. The successful bidder shall, within the period specified in paragraph "A'" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require_ The City of Waterloo shall be named as an "Additional Named Insured_" The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall early or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty_ if a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Code Enforcement Department for a refund. INSTRUCTION TO BIDDERS PagE 3 of S Page 93 of 185 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows~ Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Code Enforcement Department_ Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidder, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Platt Drawings when required). Superintendence by Contractor Except where the Contractor 1s an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, sa:.: ; I ac:tory to the Code Enforcement Department/City of Waterloo, on the work site at all times daring working hour; with full authority of the Contractor_ The Contractor shall also provide an adequate staff -to properly coordinate and expedite the work, The Contractor shall ]ay out and be responsible for alt work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so_ Other Contracts rh City of Waterloo may award or may have awarded other Contracts for additional work_ and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be per`ormed under other Contracts as rnay he directed by the Code Enforcement Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with tie performance of work by any other Contractor as scheduled_ Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the eoordination of the operations Of all Subcontractors enu*aged upon this Contract, The Contractor shall 04 prc;,;:.rLld to guarantee to each Subcontractor the locations and measurements which they may require for ie fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in conned is7rt ith the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Code Enforcement Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays. from the time the work is commenced until final completion and acceptance, except when work beim* performed doe not require protection, The Contractor shall be responsible for any loss of work, materials, equipment ob time due to GENERAL COM DITIO DIE; Page 94 of 185 acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge_ The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. lfdisturbed, these items shall be replaced by the Contractor at no cost to the Cill or 1F c Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage h... kvurkers and equipment during time of performing services, Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes, Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full farce and effect, at its own expense, Employer's Liability, Worker's Compensation, Autoinobilc, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms_ The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non- contributing , and contain waivers of subrogation against any coverage held by the City. Before: commencement of work hereunder, the Contracic}r agrees to furnish the City with certificates of insurance or other evidence satisfactory to tl,c City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply will] the limits specified below:. Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $5,000,000 $1,000,000 each occurrence Removal of Debris. Cleaninz, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove. and legally dispose of al] surplus material and debris, and keep the project area reasonably clean. Upon completion of the work, the Contractor shall remove all debris and equipment provided For the work and put the whole site of the work in a neat and clean condition. CENERA.L CONDITIONS Page 95 of 185 CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT SPECIFICATIONS for 2011 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow andlor remove snow from designated areas in accordance with these specifications. References in these specifications to the: Code Enforcement Department shall include the City of Waterloo. PROPERTY Cf}MPLAIN I MOWING Assigned areas will be mowed on a one time only basis_ The Code Enforcement Department will give out work orders for a.nv work done in this area, which shall be cmpleted within 72 hours from receiving work order_ The City will be in charge of any large item and lire removal clean up that will be done on any of these properties_ Contact the Code Frilorcernent Department (3 19.291,3820) for pickup. Mowing height will be four E4' } maximum. Contractor shall be able to abate hedge/volunteer trees where necessary for clearance of sidewalks and other rights-of-way. Also after mowing property, it shall mee: cit Lodes and excess grass removed from the property and sidewalk. If for any reason Code Enforcement finds that a property is still in violation, after the contractor has done the abatement, the contractor shall return to the property and make the necessary corrections without additional costs to the City_ If the contractor arrives at the property, and the property has been mowed, the contractor shall obtain a photo and contact Code Enforcement to verify the property is in compliancy:, In the event Code Enforcement is unable to meet the contractor at the time, the contractor shall continue on to the next referral and Code Enforcement will inspect the property when time permits and notify the contractor whether they have to return to abate a weed violation. PROPERTY COMPLAINT SNOW REMOVAL Assigned areas shall have snow removed on a one-time basis. The Code Enforcement Department will give out work orders for any work done in these areas, which shall be completed within 48 hours from receiving work order_ tiidcwalks need cleared the width and length ofthc property down to tlic pavement_ A good -faith attempt will need to he made to clear down to the pav'crtle.ni. In the event that it is impossible, because of ice or other hazard_ then sand or other abrasive material, (such as Ice Melt or another approved product may be used so pedestrian traffic is safe, Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand, use only amounts necessary to make sidewalks safe, A 11 work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. s1�c:1FECATIOON Page 96 of 185 VACANT LOTS Once these lots have been issued their first notice for the season, they will be placed on an as needed basis mowing schedule from approximately May 15t to October 15t, 2017 for a maximum of 7 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of your as needed mowing schedule. There is a possibility of approximately 50-60 vacant lots with each lot averaging 0.25 of an acre. DILAPIDATED STRUCTURES FS Once these dilapidated structures have been issued their first notice for the season, they will he placed on an as needed basis mowing schedule from approximately May l to October 15th, 2017 for a maximum of 7 mowing's. It will be the responsibility of the Code Enforcement Department to inform you of '0ur as needed mowing schedule. There is a possibility ofapproximatcIy 56 dilapidated structures with each lot averaging 0,25 of an acre. SITECLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Code Enforcement Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snowplow &. snow removal operations- This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency. of mowing. The listed schedules are for bid purposes only- T1v cf: ::+rtnre ment Department may add or delete mowing of areas based on growwing. and budget constraints. GRASS CUTTING Grass shall be cut to an even hei{}hc of four inches (4"). Grass cutting shay]] be accomplished in a manner so as not to result in scalping, bunchin�4, rutting, uneven or rough cutting. All scalping, bunching. ruttin!; Or uneven. rough cutting shall be promptly remedied by the Contractor to the siiiisraction of the Code Enfor ement Department with no additional cost to the Code Enforcement Department. (Grass clippings shall not be blown, left or land on any road surfaces in accordance } ith applicable laws and City ordinances. In areas such as narrow medians, clippings shall be bagged or mulched straight down. TRIMMING Along with , . h ;,lovving, the Contractor shrill [rim art-iund trees, shrubs, poles, fences and other objects to match the height and appearance of the surroundimg. vegetation- Only upon request of the Code Enforcement Department will you be required to edge vegetation rowing over curb and sidewalk. DAMAGEPROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other Fixtures, Any damage caused by the Contractor shall be completely repaired at no additional cost to the Code Enforcement Department All work shall be done in a manner so as not to result in damage to tremas or shrubs- At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub dara7ai'L,r 1r:.u-1+:,1- shall he replaced at the direction of the Code Enforcement Department with no adtli1iona.I cost to the Code Enforcement Department. SPEC1F[CATIONS '''Pb 97 of 185 'tile Contractor shall avoid damage to turfgrass and underlying soil and grade_ Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Gude Enforcement Department with no additional cost to the Code Enforcement Departtrnent_ The Contractor shall take all precautions to protect pedestrians and motorists from personal injury and property r.:..mage, .AH equipment safety guards shall remain intact and serviceable_ The Contractor s`: :' .navvy liability insurance as detailed in the GENERAL CONDI'T'IONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perforin all work in a safe and timely manner_ Types of mowing equipment required for this contract: Linty. trimmers Walk -behind mower's Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with heavy-duty mowers I -'our wheel drive mower Hedge trimmers Types of alley/sidewalk overgrowth equipment required For this contract in addition to equipment listed above: Pull behind trailer or usable truck. bed Tarps or enclosed trailer for hauling brush when required Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown contractor shall have access to a brush hog i�yype of mower so that contractor can meet the city's tirnef'ratnc requirements. Excess amounts of cut grass and vegetation } ill need removed and not lett on parcels_ Types of snow removal equipment required for this contract: Walk -behind snow blowers Riding snow blowers Pick-up and/or tractor vY ith snow blade Salt. & sand applicator Shovels Equipment listed on the Bid Form will be reviewed by the Code Enforcement Department to determine whether it is adequate for this mowing contract. CONTRACTOR OR THEIR DESIGNEE MUST 15E REACHABLE BY PHONE MONDAY THROUGH FRIDAY 7:00 A.M. TO 300 P.M. SPk:C]F[cnnONS 111D/666 98 of 185 CITY OF WATERLOO, IOWA CODE ENFORCEMENT' DEPARTMENT BID FORM for 2017 COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVAL BIDDER; ADDRESS LOMPF RVNAME-: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or 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 in the offices of the City Clerk, City Hall, 715. Mulberry Street, Waterloo, Iowa, and the Code Enforcement Department, 626 NTh]beny Street, Waterloo. Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and tr3rr pc rtation services required to complete the proposed COMPLAINT MOWINGS WITH COM]) LAIN.f. SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A.: Provide all specified as needed mowing and trimming services for vacant lots: 50-60 vacant lots with each lot averaging 0.25 of an acre (totaling 12.5-15 acres per occurrence) Price Per Occurrence: dollars ($ ') OP I.ON 13: Provide all specified as needed mowing and trimming services on dilapidated structures. 56 dilapidated structures with each lot averaging 0.25 of an acre (totaling 14 acres per occurrence) Price Per Occurrence: dollars ($ RIE) FORM r,,nr t �I ? Page 99 of 185 OPTION C: Provide all specified mowing service for property complaint mowing for normal residential lots. (under 5 acres) Ptiee Per Occurrence: dollars ($ ) OPTION D: Provide all specified mowing services for property complaint mowing for lots and open areas 5 acres or larger. Price Per Occurrence: dollars ($ OPTION Ft Provide all specified snow removal services for complaint properties. Price Per Occurrence: dollars ($ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern, the actual payment to the Contractor. 3. In submitting this bid,, the Bidder understands. that the City reserves the right to reject any or al] bids and to award one or more contracts for a single Option, all. Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agree: to exccti c aid deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (1 t?) da: s after the agreement is presented for signature, and start work within ten (] 0) days after ''Notice to Proceed" is issued. 4_ Security in the sum of dollars ($ in the form of , is submitted herewith in accordance with NOTICE TO BIDDER_ 5_ Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request_ 7. 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) day's of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date; / 1 1 { 9. The Bidder shall list the MBE.JWBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and for Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to he used on this project to the; City of Waterloo by 5:OO p_m_ the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALI. Subcontractor(s). 13inFo1u.1 F:}r}:!; Page 100 of 185 The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be ehantzcd except for the following reasons. 1. The City of Waterloo does not approve the sLlbcontractors. 1 The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 1 ] . The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA,". 12. The bidder has attached all applicable farms. 13. The owner reserves the right to select alternatives, delete line items, and%car to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / arm aid Tale fORM Page 101 of 185 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder oul). upon request or the ['ity iNstrrloo, lows.) All questions shall be answered and the data given must he clear and comprehensive. This statement roust be notarized. if net„lessary, questions may be answered ori separate attached sheets. The Bidder may submit any additional information desired. 1. Naive of Bidder. 2. Permanent main office address- 3. When organized, 4. if a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing at ount of each contract and the appropriate anticipated dates ofcompletion.) 7. General character of work performed by your company. 8. Have you ever failed to complete an. ►\ ork awarded to you? if so, where and why? 9. Have you ever defaulted on a contract'' 1f so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year Completc(i- 1 1- List your major equipment available for tit:; contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members ofyou.r organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you. upon request, sill out a detailed financial statement and furnish, any other information that may be required by the City of Waterloo, Iowa'' 17. The undersigned hereby authorizes and :21.: ;yn- firm, or corporation to furnish any information requested by the City of Watcr!.' , E,.}„ ioc.aLion of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT 01]3II)I71:It-S QUALIFICATIONS PAGE 1 OF 2 Page 102 of 185 Dated this day of , 20 Name of Bidder By: Title_ State of ) ss County of ) being duly sworn deposes and says that shefhe is of iurue of -Organization and that the answers to the foregoing questions and all statements therein contained are true and correct.. Subscribed and sworn to before me this _day of , 20 Notary Public My commission expires STATEMENT car. BIDDER'S QUALIFICATIONS Page 103 of 185 B1.0 11«()111) KNOW ALL MEN BY THESE PR1! 5EN4T , chat we, as 1}]r:)':ip".' ii.i,. as Surety arc held and firmly bound unto the of Waterloo Iowa, herc;ina ller called "OWNER". In the penal SUM dollars (; ) lawful money of the United States, for the and truly he made, we bind ourselves, our heirs, executors, .Idninistrators, and succc:......o_s, jointly and Se: rc:_',,I: ', firmly by these presents. The condition of this obligation is such that whereas t::;_ r]-i]rcipt]l has bid dated the day of __.... 20 20 . NOW, TfiEREFORE, a) If said Bid shall be rejected, or in the alternate, b) I said .Wc.1 shall be accepted and the Principal shall execute and deliver ai contract in Lhc form specified and snail furnish a bend for his fait'nful .crformance of said contract, and for the payme.n. of Ll1 pe: ons performing Iri or or furnishing materials in connection therewith, and shall in all other respects perform the.arecrnent created by the acceptance of said Bid, Then this obligation shall be S. w iil, oiherwise'1•e. ssnic shall remain in force and effect; 9t beim e\p-ess!y understood and agreed t]iat the liability of the Siffely for any aIId all claims hereunder si as1, in no event, exceed the penal .mount O 1 this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in h uidation of damages s. -::tanned _n the event that the Principal fails to execute the corirract and ifrovide the bond as provided in the: specTicationscar lav=r- The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall he in nn way impaired or ai'fected by any extension of the time within which the. Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. INWi I N F.SS WH i~:RE 1 `, the Princinai :and th; .-:-ety, have hereunto set their hands and seals, and such of therm as are corporations, t:Evc caused their ::; _ .n_.:.te. seals to be hereto affixed and these presents to be signed by their proper of cars this day ca - A.D. 20 Witness Principal — By. (Seal) (Title) (Seal) Surety By Witn ess ,1 ttorney- t n -r acct BID BOND PAGE I OF Page 104 of 185 State of NON -COLLUSION AFFIDAVIT OF PRIMIE BIDDER County of __ ) ) being first duly sworn, deposes and says that: (Partner), (Officer), (Representative), or (Agent) of , the 13idc:tr r:_:.t iias submitted theattached Bid; ?. 1 -ie is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4_ Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sFtam Bid in connection with the Contract for which the attached Bid has been srz,mitted air io refrain from bidding in connection with such Contract, or has in any manner, direct l_, or indirectl'_ sought ht by {srzrec:ment or collusion or communication or conference with any other Bidder, firm or person to tix the price or prices in the attached Bid or of any other Bidder, or, to fix arty overhead.. profit or cost element of the bid price or the bid price of any other Bidder, or to secure through rj:1, collusion, conspiracy, connivance, or un[awful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in ttie attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant_ Signature Title Sublorfb-ezt &44'svern, to- bre' 14,18,' dot)/ of_ , 2017. rate/ Page 105 of 185 NON-100ILLISION AFFIDAVTY OI' SUBC ONTR&CTO State of __) County of being first duly sworn, deposes and says that: 1. Ile is (Owner). (Partner). (Officer), (Representative), or (Agent) of hereinafter referred to a si the `'Subcontractor"; 2. Ile is fully inforrne4 respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2017 COMPLAINT Valli COMP1A1NTSNOWRENXWALSin Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in inieresi, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to rclr; in from submitting a proposal in connection with. such contract, or his in arty manner, dirty or indirectly, sought by unlawful agreement Or connivance with any other bidder, firmor person to fix the price or prices in said sub.::,:..i-actor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal arc fair and proper and are not tainted by tiny collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, rcprescrttat Ives., owners, employees, or parties in interest, including this affiant. Signature Title 5ubsori. ec.anti.wrr to- m� dcyof , 2017. rate, My ocryntiiimrio-rti erg Page 106 of 185 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No, 1 1246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000_04) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, arced, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations_ Such actions shall include but not 1,c limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d, Recruitment and Advertising c, Layoff- or Termination F. Rates of Pay or Other Forrrrs of Compensation g. Selection for Training Including Apprenticeship- 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or tidvertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed_ color. sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or represcrltati e of workers which he/she has a collective bargaining agreement or other contract or understanding., a notice advising said labor union or workers' representative of the contractor's commitment under this section_ 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Previsions_ The contractor. subconlractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as prc,0,ride'd by the Affirmative Action Officer, Said ronnq will elicit intormation as to the policies_ procedures. patterns, and practices of each subcontractor a• tiacl; as the contractor himself/herself and said subson.r. c,or, vendor and supplier kwilF permit acce_sy t: :1is71er employment books, records and accocrnis in the C'ity-s Affirmative Action Officer, for the purpose of investigation to ascertain evinvlin_ cc 4ti ith this contract at11d th°rlh rules and regulations of the City's Affirmative Action 'rozfrarn C;cuttract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may he canceled, terminated or suspended in whnlc or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. EQUAL orroK111N11 Y CLAUSE Page 107 of 185 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated a,Rainst because of race, creed, color, sex, national origin, economic status, age, mental or physical disahi1ities_ Signed: Appropriate Official Title Date FQUA1.. OPPORT3.€hI3TY LJSE P,_re ? { . Page 108 of 185 REQUEST FOR PROPOSALS — 2017 COMPLAINT MOWIN S WITH COMPLAINT SNOW REMOVALS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo complaint properties and removal of snow from complaint properties (the "Services") on a scheduled or as -needed basis_ All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit 'A', the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, March 2, 2017 at 12;00 noon, Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St, Waterloo, Iowa 50703_ Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation 'SEALED RFP FOR 2017 MOWINOS AND SNOW REMOVAL," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, ar any other means of delivery employed by the Proposer. Similarly. the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened_ No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday, March 2, 2017, at 1:00 p.rn. Central Time in The City Clerk's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) ar the Proposer(s), not to serve as a forum for determining the awarded proposal(s). B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor») for the City will be those described in the form of Contract attached hereto as Exhibit "A" and the Specifications, which generally include but are not limited to mowing complaint properties on an as -needed basis, and removing snow and ice from complaint properties on an as -needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Code Enforcement Department bid form. All bids must be submitted on said bid form 2. Important Exceptions to Contract Documents — The Proposer shall dearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non -responsiveness. Page 109 of 185 D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an „all or none' proposal, on individual responses. or as is otherwise deemed to be in the best interest of the City. 4_ A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5_ Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council_ 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit ':A„ 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, March 2, 2017. E. MISCELLANEOUS 1. Questions regarding Code Enforcement will be directed to Maria Downing in the Code Enforcement Department, 319191.3820, Monday through Friday from 7.00 a.m. to 3:00 p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals.. F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE, WORDS USED INTERCHANGEABLY —The ward CITY refers t0 the CITY OF WATERLOO, IOWA throughout these Instructions and Terns 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. Z. PROPOSER QUALIFICATIONS - NO PiopoSel shal be azzep:ed from, and no contract will be awarded tc, any person, firm or corporation that is in arrears to the City 1 poi debt or Contract. that is a defaulter, as surety or otherwise, upon any obligation to the City, or that iS dserned irresponsible or Uri reliat ie by the City. If requested, Proposers shall be required to submit satisfactory evidence `hat they have a practical kri w edg6 Of MO particular srrppiyfservice proposal and that they have the necessary fmar c al resources to provide the proposed SupplyIsenlice as described in this Request for Proposal. 3. S* RECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in deteik, and submitted in writing in the Proposal. Completed specificalians should be attached for any substitutions offered, or when amplcations are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable ba the SpeCificatians as written herein. Failure (*submit this docurnent of specification deviation, if applicable, shalt be ground$ for rejection of the item when offered for deliwsry. If specifications or descriptive papers are euttmr1lted with Proposals, the Proposer's name should be clearly shown on each document RFP FOR MOWN() & SNOW 1..I .MOVAL_ nERV.ICr_S-2417 image 110 of 185 4. 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_ 5. 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. S. HOLT] HARMLESS AGREEMENT - The C{ rrtractOr agrees to protect, defend, indemnify and hold harmless the City Of Waterloo, its officials, officers, employees and agents, from and against any and all Claims and damages of eve y kind and nature made, rendered or incurred by c r cchalf of every person or company whatsoever, including the parties lereto and their employees, that may arise, occur, or grow cut of any acts, actions. work Or other activity done by the Contractor, its employees, subcontractors or any indep=ndent contractors working under the direction of either the Contractor or subcontractor in the performanCe Of the cOntraet. PROPOSAL CURRENCYPLANGUAGE • All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless (lithe exchange rate, All proposal responses must be Submitted in English. 8. PAYMENTS - Payments will be made for all goorislservices delivered, inspected an accepted within 30 days after acceptance and on receiCt of an original invoice. 9. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation car interpretation, must be inoui red 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 inte+pretattonS or modifications will be in the form of wrrner. addenda_ All addenda shalt become part of the Contract documents and shat) be acknowredged and dated on the signature page. 10. 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 herein by reference_ 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal serve or other means. 13. CANCELLATION - Either party may Cancel the contract in the event that a petition, either voluntary or involuntary. is fiL 1 rr> dr!C1 m true other perry bankrupt or insnlvaril Or in the event that such party makes an assig rrne nt for the benefit of creditors. 14. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder withor- the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the Cir.. shall be void. 15. 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, 16. PROPOSAL INFORMATION IS P1J UC — All documents submitted with any proposal and the proposaI shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law"_ Sy submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City Of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted, Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any Claims arising from the ruse of any document or information rnade available to the City of Waterloo arising from any prcpos I opportunity RN' RIR MOWING & SNOW REMOVAL SERVICES 2017 t'aPage 111 of 185 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, ]'ERE (X), IOWA CO[W ENFORCEMENT DEPARTMENT CONTRACT for 2017 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the "Contract") is made and entered into on , 2017, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 1, The Contractor shall furnish ail supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein,. In the event of any confit or ambigurt : among the Contract Documents, the document in the order set forth above that First ai.ddrL e t:sc i ii o provi.siun in question shall be govern, 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete tltc work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following_ a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or varaTrl properties that would he cause the lThi tractor not to be able to fulfill the obligation ofweed.'grass or snow removal at their own cost_ b) Contractors will abide by ordinance sections a. 7-1-2 B(]) Contractors will not be €a .rrn itt ed to transfer snow onto or across any city street or alley. En the event ;TlO is transferred into the street, it shall be removed by the Contractor. b. 7-1-2F Contractors will riol tit; permitted to blow weedslrass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall. Inc removed by the Contractor Request For Priapasali; Mowing and Snr]w Removal. Sravioe . Propmed Cuntrywi — rage 1 Page 112of185 c.) Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish properly, Disposal can be done at the City of Waterloo Yard d Waste Site located at 2749 independence Ave., Waterloo, Iowa. d)Contractors are not to mow or trim any flowers or hardens unless specified by the Code Enforcement Department. e) epartment- e) Contractors will trim arcnincl all trot , telephone polesfences, structures, curbs and on the backside of alleys. f)Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished. g) Contractors will be provided with : a yards( ick that must be used to measure the length of the grass in each set of photos taken i lc ai1 si property_ h) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessary. photos required by the Contractor have not been turned into our office. i) In the event the Code Enforcement Department finds that the Contractor did not fulfill its obligation, the Contractor will be required ,cT ,'tit back to the property at no additional cost to the city or owner of the property. j)During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a rri fixture of both_ k) Charges for sand, salt or both will be determined by followin{g: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the remov'ai of ice from the sidewalk per residence- If the property is located on a corner lot the owner cif i.he property shall be charged S30 for any amount ot'salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks. 1) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. m)The (ner stroll be charged one amount of 15 minute; travel time in addition to all other fees applied per referral. n) Properties found in complianee upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. o) Unless. prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral. 4- The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and siitals during all hours ofdarlcness. 5_ Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of atti0n, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection wit]i the acts or omissions of Contractor in performing, the work contemplated by this Contract_ C,. Contractor shall be responsible for all damage to public or private property- If public or private property is damaged by Contractor and is not repaired in a timely mariner 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. Request For F-rup ncal.: Mowing and Snow Rcmo'al Services — Proposed Contract — a'.. . Page 113 of 185 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed b • the [:: i&v, the Contractor may have extra time for the completion of the job as was lost by rest ori of the dclaty. caused by the City, 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may Iw• • ithho1d, payment for reasons including_ but not lirrriiCCi to, the following: unsatisfactoy 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_ 9. 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, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination. and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days` advance written notice. 1_n the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in cntorcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the stone or to obtain reliief;ainst 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 (ity prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorney's' fees and expenses incurred by City. 10_ In addition to paragraph 9 above, 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 without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 1 1 . Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing referral work, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time of. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United. States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) rrn the date of delivery when delivered in person, or (ii) three (3) business clays following the date of deposit if mailed as stated above. Request For Proposals: Mi,w.nr. and Snow Removal Services - Proposed Contraci "no. Page 114 of 185 14_ Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person_ Contractor is an independent Contractor. 15_ "This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract 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 farce and effect If, for any reason, a court tends 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_ 17. 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 by the mutual written agreement of the parties. I8. 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 as set forth on Exhibit "A" attached hereto. EN WITNESS I'1'NESS WHHERrOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorised representatives as of the date first set forth above. CITY OF WATERLOO. IOWA CONTRACTOR Mayor City Clerk Narne of Contractor Bv: Title: Rcquest For Pnapck;als: Mowing and Snow Ri n uval Saftvioc - Propuned Contract P,rEc 4 Page 115 of 185 CM' OF' WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT CONTRACT for 2017 COMPLAINT MOWING WITH l COMPLAINT SNOW REMOVAL 'This Contract for Complaint mowing and Snow removal (the -Contract") is made and entered into on 2017, by and between the City of Waterloo, Iowa (the "City"}, and (the -Contractor"), The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. The Contract Documents shall consist of the following_ a. ThisConlr4Ct h. Request for Proposals c. Notice of Hearing d_ Instruction to Bidders e. Signcd eopv of Bid f General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set Birth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within twerty--i::r i '. t} , ,r_rti .I "o.T ?hc. "Notice to Proceed" and to complete the work within t1'lr ! ven :!Ifi4` I Italrlo i :in.. I.} +2:-:!-:L'11,,Le In the performance of duties under this Contract The Contractor also agrees to the rbIlowirr2.: a) The Contractor vi [1 remove all litter, garbilge, or junk on vacant lots and/or vaczi :properties that would be cause the Contractor not ro be able Io fulfill the obligation of weed .anis+ or snow removal at their own cost. b) Contractors will abide by ordinance sections a- 7- l -B(1) Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley, In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of tlhe rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d)Contractors arc not to rnow or trim any flowers or gardens unless specified by the Code 1.nforcement Department. Cnprarnt Mowing & Complaint Snow Removal Contract Page Page 116 of 185 c) Contractors will trim around all trees, telephone poles, fence, structures, curbs and on the backside of alleys. f) Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is Finished. g) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property. h) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessarf photo required by the Contractor have not been turned into our office. i) In the event the Code Enforcement Department finds that the Contractor did not fulfill its obligation, the Contractor will be rewired to go hack to the property at no additional cost to the city or owner of the property. j) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal_ In the event the ice is unable to be removed the Contractor will be req u i red to lay down sand, salt, or a mixture of both. k) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence, If the property is located on a corner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks_ 1) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcernlcnt Department m) The owner shall be charged one amount of 15 minutes travel time in addition to all other fees applied per referral. ri) Properties found in compliance upon arriva] of contractor, will not result in additional charges to the City of Waterloo from the C:ontractor_. o) Unless prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral_ 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness_ 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by. C'ontraeior, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs. oi- 1 r] iabilit.ies whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. 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. The Contractor shall have no cause of action against the City on account of delaysa.ncl prosec.ution of work, but 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_ Complaint Mowing & Complaint Snow Removal Contract !'a..::.: Page 117of185 $. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. 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. 9. 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 atier notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, andlor talcs whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder_ Contractor shall be entitled to sorb` one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. 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, TT1 the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrtc;s to pay the reasonable attorneys' fees and expenses incurred by City, 10. In addition to paragraph 9 above, 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 without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing referral work, the Contractor must notify, the City of Waterloo at least two (2) weeks in advance including who will he filling in for them for any planned time off: I3_ Any notice under this Contract shall be in Nvriting and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St, Waterloo~, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated alcove_ 14_ Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or nhligotinns of the other party or any other person. Contractor is an independent Contractor. Complaint Mowing & Complaint Snow Remora! ContraJt — P a¢.:" Page 118 of 185 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract 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, 17. I his 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 by the mutual written agreement of the parties_ 18, In consideration of the full compliance on the part, olthe 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 complexion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit -tC attached hereto. IN WITN ESS WIII UOF, the parties have executed this Contract for Complaint Mowing and Snow Rcrno a1 by their duly authorized representatives aS of the date first set forth above, CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: Complaint Mowing Mowing& Complaint Snow Remrwal Contract- Pi -J Page 119 of 185 FY18 COMPLAINT MOWING AND COMPLAING SNOW REMOVAL CONTRACT Bid Opening: March 2, 2017 Estimate: $50,000 Bid Security Required Bidder Bid Security Bid Amount A: $ 25.00 R&D Lawn Care, LLC B: $ 23.33 Waterloo, IA $1,500 C: $ 30.00 D: $ 45.00 E: $ 25.00 A: $ 33.00 Robert Hauptly Construction B: $ 33.00 Waterloo, IA $1,500 C: $ 33.00 D: $ 40.00 E: $ 33.00 Page 120 of 185 CITY OF WATERLOO Council Communication FY 2017 CIP PIPELINING PHASE IIIA, Contract No. 919. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Waste Management Rath, Brian Approved 2/28/2017 - 3:50 PM Clerk Office Even, LeAnn Approved 3/1/2017 - 9:26 AM ATTACHMENTS: Description Type a Bid Tab Backup Material ❑ AECOM - Recommendation to Award Resolution Letter ❑ Contract Backup Material SUBJECT: Submitted by: 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. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $1,465,634, and approving the contract, bonds, and certificate of insurance for the FY 2017 CIP PIPELINING PHASE IIIA, Contract No. 919, and authorize Mayor and City Clerk to execute said documents. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services Page 121 of 185 CIP PIPELINING, PHASE IIIA PROJECT CONTRACT NO. 919 Bid Tab: March 2, 2017 Estimate: $1,513,605.06 Bid Security Required Bidder Bid Security Bid Amount Insituform Technologies Chesterfield, MO o 5 /o $1,472,958.20 SAK Construction O'Fallon, MO 5% $1,615,260.35 HydroKlean Des Moines, IA o 5 /o $1,542,284.11 Municipal Pipe Tool Company Hudson, IA o 5 /o $1,465,634.00 Page 122 of 185 A=COM March 2, 2017 Mr. Steve Hoambrecker Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2017 CIP Pipelining Phase IIIA Letter of Recommendation City of Waterloo, Iowa City Contract No. 919 AECOM #60504645 Dear Steve, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com AECOM has reviewed the bids submitted for the FY 2017 CIP Pipelining Phase IIIA Project on March 2, 2017, for the City of Waterloo, Iowa. The apparent low bidder has met all the requirements of the Instructions to Bidders. AECOM recommends awarding the contract to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Total Bid price of $1,465,634.00. Yours sincerely, Christopher G. Oelkers, PE Enclosure: FY 2017 CIP Pipelining Phase IIIA Project Bid Tab dated 03/02/2017 FY 2017 CIP Pipelining Phase IIIA Project Bid Log dated 03/02/2017 P:\60504645\600_Construction_Support\605_Bidding\02-Bid Opening\20170302 Wat CIPP IIIA LTR Recommendation.docx Page 123 of 185 A_COM 14645 7 Bid Price Bid Form Bid Bond Non -Collusion Equal Opportunity Bidder Certification MBE/WBE Affirmative Action Program SRF $ 1,465,634.00 X 5% X X X X X $ 1,472,958.20 X 5% X X X X X $ 1,542,284.11 X 5% X X X X X nstruction $ 1,606,054.94 $ 1,615,260.35 X 5% X X X X X )4645 7 the Contractor on their Bid Proposal Engineers Estimate Municipal Pipe Tool Co., LLC Insituform Technologies USA, LLC Hydro-Klean, LLC SAK Constr Unit Estimated Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price LF 12,740 $ 23.89 $ 304,375.99 $ 23.50 $ 299,390.00 $ 24.70 $ 314,678.00 $ 20.30 $ 258,622.00 $ 26.00 $ LF 2,665 $ 28.96 $ 77,181.13 $ 24.50 $ 65,292.50 $ 32.70 $ 87,145.50 $ 24.50 $ 65,292.50 $ 31.25 $ LF 2,630 $ 35.18 $ 92,522.48 $ 31.50 $ 82,845.00 $ 30.60 $ 80,478.00 $ 28.70 $ 75,481.00 $ 29.25 $ LF 281 $ 77.25 $ 21,707.25 $ 56.50 $ 15,876.50 $ 56.80 $ 15,960.80 $ 69.50 $ 19,529.50 $ 79.50 $ LF 326 $ 109.25 $ 35,615.50 $ 75.50 $ 24,613.00 $ 65.60 $ 21,385.60 $ 82.90 $ 27,025.40 $ 77.25 $ LF 706 $ 123.60 $ 87,261.60 $ 105.50 $ 74,483.00 $ 90.50 $ 63,893.00 $ 103.20 $ 72,859.20 $ 105.00 $ LF 766 $ 185.40 $ 142,016.40 $ 220.50 $ 168,903.00 $ 139.40 $ 106,780.40 $ 200.10 $ 153,276.60 $ 240.00 $ LF 25,480 $ 0.88 $ 22,307.74 $ 0.50 $ 12,740.00 $ 1.20 $ 30,576.00 $ 1.60 $ 40,768.00 $ 1.00 $ LF 5,330 $ 0.93 $ 4,940.91 $ 0.50 $ 2,665.00 $ 1.30 $ 6,929.00 $ 1.60 $ 8,528.00 $ 1.00 $ LF 5,260 $ 0.98 $ 5,146.91 $ 0.50 $ 2,630.00 $ 1.40 $ 7,364.00 $ 1.60 $ 8,416.00 $ 1.00 $ LF 562 $ 1.13 $ 636.75 $ 0.50 $ 281.00 $ 1.90 $ 1,067.80 $ 1.60 $ 899.20 $ 1.00 $ LF 652 $ 1.44 $ 940.18 $ 0.75 $ 489.00 $ 2.50 $ 1,630.00 $ 1.60 $ 1,043.20 $ 1.00 $ LF 1,412 $ 1.65 $ 2,326.98 $ 0.75 $ 1,059.00 $ 4.20 $ 5,930.40 $ 1.60 $ 2,259.20 $ 1.00 $ LF 1,532 $ 2.68 $ 4,102.70 $ 0.75 $ 1,149.00 $ 4.60 $ 7,047.20 $ 5.07 $ 7,767.24 $ 1.00 $ LF 12,740 $ 0.88 $ 11,153.87 $ 1.00 $ 12,740.00 $ 1.00 $ 12,740.00 $ 2.66 $ 33,888.40 $ 3.00 $ LF 2,665 $ 0.93 $ 2,470.46 $ 1.00 $ 2,665.00 $ 1.00 $ 2,665.00 $ 2.66 $ 7,088.90 $ 3.00 $ LF 2,630 $ 0.98 $ 2,573.46 $ 1.00 $ 2,630.00 $ 1.00 $ 2,630.00 $ 2.66 $ 6,995.80 $ 3.00 $ LF 281 $ 1.03 $ 289.43 $ 1.00 $ 281.00 $ 1.00 $ 281.00 $ 6.13 $ 1,722.53 $ 4.00 $ LF 326 $ 1.44 $ 470.09 $ 2.00 $ 652.00 $ 1.00 $ 326.00 $ 6.13 $ 1,998.38 $ 5.00 $ LF 706 $ 1.65 $ 1,163.49 $ 2.00 $ 1,412.00 $ 1.00 $ 706.00 $ 6.13 $ 4,327.78 $ 8.00 $ LF 766 $ 2.68 $ 2,051.35 $ 5.00 $ 3,830.00 $ 1.00 $ 766.00 $ 11.33 $ 8,678.78 $ 9.00 $ LF 1,154 $ 1.55 $ 1,782.93 $ 2.50 $ 2,885.00 $ 3.20 $ 3,692.80 $ 1.00 $ 1,154.00 $ 3.15 $ LF 196 $ 2.06 $ 403.76 $ 2.50 $ 490.00 $ 3.80 $ 744.80 $ 1.00 $ 196.00 $ 3.75 $ LF 98 $ 2.58 $ 252.35 $ 6.00 $ 588.00 $ 5.60 $ 548.80 $ 1.00 $ 98.00 $ 5.50 $ LF 57 $ 4.12 $ 234.84 $ 10.00 $ 570.00 $ 6.70 $ 381.90 $ 1.00 $ 57.00 $ 6.50 $ EA 368 $ 94.85 $ 34,906.55 $ 75.00 $ 27,600.00 $ 70.70 $ 26,017.60 $ 75.00 $ 27,600.00 $ 50.00 $ EA 368 $ 272.95 $ 100,445.60 $ 245.00 $ 90,160.00 $ 384.50 $ 141,496.00 $ 375.00 $ 138,000.00 $ 385.00 $ EA 649 $ 50.08 $ 32,502.35 $ 42.00 $ 27,258.00 $ 40.80 $ 26,479.20 $ 42.00 $ 27,258.00 $ 40.00 $ EA 391 $ 364.91 $ 142,679.39 $ 310.00 $ 121,210.00 $ 307.60 $ 120,271.60 $ 309.75 $ 121,112.25 $ 295.00 $ EA 257 $ 588.19 $ 151,164.10 $ 499.00 $ 128,243.00 $ 487.00 $ 125,159.00 $ 498.75 $ 128,178.75 $ 475.00 $ EA 211 $ 992.78 $ 209,475.91 $ 945.00 $ 199,395.00 $ 820.20 $ 173,062.20 $ 945.00 $ 199,395.00 $ 900.00 $ EA 78 $ 589.13 $ 45,952.51 $ 473.00 $ 36,894.00 $ 487.00 $ 37,986.00 $ 498.75 $ 38,902.50 $ 475.00 $ LS 1 $ 45,000.00 $ 45,000.00 $ 30,240.00 $ 30,240.00 $ 43,062.70 $ 43,062.70 $ 30,240.00 $ 30,240.00 $ 30,000.00 $ LS 1 $ 20,000.00 $ 20,000.00 $ 23,475.00 $ 23,475.00 $ 3,075.90 $ 3,075.90 $ 23,625.00 $ 23,625.00 $ 23,000.00 $ $ 1,606,054.94 $ 1,465,634.00 $ 1,472,958.20 $ 1,542,284.11 $ the Contractor on their Bid Proposal FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2017 CIP PIPELINING PHASE IIIA CITY OF WATERLOO, IOWA CONTRACT NO. 919 This contract made and entered into this 6th day of March, 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Municipal Pipe Tool Company, LLC. WITNESSETH: PAR 1 Contractor agrees to build and construct the FY 2017 CIP Pipelining Phase IIIA, City Contract No. 919 and furnish all necessary tools, equipment, materials,. and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and with a final completion date of October 27, 2017, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees FORM OF CONTRACT 60504645 CONTRACT NO. 919 C-1 of 3 Page 126 of 185 PAR 9 to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 PAR. 12 PAR. 13 PAR. 14 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is 51,465,634.00. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as FORM OF CONTRACT 60504645 CONTRACT NO. 919 C-2 of 3 Page 127 of 185 "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk MUNICIPAL PIPE TOOL COMPANY, LLC. Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 2017. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT 60504645 CONTRACT NO. 919 C-3 of 3 Page 128 of 185 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel - motel mini grant applications: USS Orion Reunion in the amount of $2,070 and Iowa Parks & Recreation Association in the amount of $2,100. City Council Meeting: 3/6/2017 Prepared: 3/1/2017 REVIEWERS: Department Reviewer Action Date Hotel/Motel Discretionary Felchle, Kelley Approved 3/1/2017 - 2:50 PM Funding Committee ATTACHMENTS: Description Type ❑ Council Communication Backup Material ❑ USS Orion Mini Grant Application Backup Material ❑ IPRA Mini Grant Application Backup Material SUBJECT: Submitted by: Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel -motel mini grant applications: USS Orion Reunion in the amount of S2,070 and Iowa Parks & Recreation Association in the amount of 52,100. Submitted By: Aaron Buzza, Executive Director Waterloo Convention & Visitors Bureau Page 130 of 185 Council Communication City Council Meeting: March 6, 2017 Prepared: March 1, 2017 Dept. Head Signature: Number of Attachments: 2 SUBJECT: Mini -Grant Approval Submitted by: Aaron Buzza Recommended City Council Action: Approve CVB Board recommendations for funding of the following hotel -motel mini grant applications: *USS Orion Reunion - $2,070 *Iowa Parks & Recreation Association - $2,100 Summary Statement: The CVB Board has reviewed and scored the applications and the recommended funding corresponds to their scored percentages. Expenditure Required: $4,170 Source of Funds: Hotel -motel tax grant funding Policy Issue: None Alternative: Do not fund Page 131 of 185 Applicant: USS Orion (AS -18) Event: 2017 Reunion Dates: September 17-21, 2017 Summary: The annual USS Orion reunion is held to bring together those sailors who served aboard the USS Orion submarine over the 50 years she served. Sailors come together for the 4-5 days event and will tour attractions in Waterloo and the surrounding area, share stories and continue to build on the comradery the sailors share. Attendance: They anticipate 50-100 participants based on the history of the reunion. Projected room nights: They have blocked 25 rooms per night for 5 nights, for a total of 125 room nights. Room night impact: It is extremely rare to have a reunion that runs Sunday through Thursday. While there are conventions that occur in the fall, it is harder to get weeknight rooms, especially at hotels that aren't adjacent to a convention center. I Projected economic impact: The impact is between $50,000 and $75,000. Our calculator doesn't have a specific model for a reunion so the calculations I ran aren't as definitive as other types of events. ROI (Economic impact based on requested funds): Their request of $3,000 would yield a return of $0.04 to $0.06 per dollar requested. Request: $3,000 Use of funds: Grant funds will assist in paying for the motorcoach that will be used for their tours during the reunion. That is a fundable expense. Application quality (was it clear, complete, well thought-out): This is a very clear application. They have many details worked out and have presented them well. Note: They noted in the application that they didn't apply in the regular grant cycle because of the timing of funding being awarded. They're setting costs and getting marketing prepared, so knowing what dollars they have available through the grant will assist them in that. Page 132 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application Waterloo Hotel -Motel Tax Year -Round (Mini) Grant Application Entire application MUST be typed and every question must be answered fully Total Request: $ $3000.00 Total Project Cost $ $13,047.00 1. Contact Information/Background Information Name & Date of Event/Project: U.S.S Orion (AS -18) Reunion 2017 September 17 — 21, 2017 Name of presenting organization: U.S.S Orion (AS -18) Veterans Historical Organization Non -Profit Organization: X Check payable to (if different than above) For -Profit Organization: FEIN Number 91-1963411 Contact person Larry or Lvndia Snyder Address 308 Oak Street City Rowley State Iowa Zip 52329 Phone number 319-939-3668 Email rowleyrunner@gmail.com Organization web address ussorion.org Please describe your organization. Include information about mission, history, staff, volunteers, etc.? Please also describe how your organization collaborates with others in the community throughout the year. The annual Orion reunions are held to commemorate, in part, all those sailors who served aboard the U.S.S Orion (AS -18), Submarine Tender, the 50 years she served her country well and with Honor, and to bring together those men remaining in a meeting of comradeship and fellowship. Furthermore, these reunions allow those participating to tell old "sea stories" and recall memories of bygone days. There are, as of this writing, approximately 530 veterans from the Mighty "0" on the roster of the Orion Veterans Historical Organization (OVHO), of which, a considerable and varying number proudly participate in this annual reunion. This is the first year the reunion has been Iowa. Is a member of the Waterloo City Council on your Board of Directors? YES NO X How does your organization market to/reach an audience outside of Black Hawk County? We have a small newspaper called the "Scuttlebutt" that is sent out in April, August and December. We also use the website, email and we have a U.S.S Orion store that we sell Orion shirts, hats, patches and other items for the organization. Have hotel -motel tax grants been received for this project previously? YES NO X If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. 1 Page 133 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application If so, please provide an explanation for why you are applying outside of the regular grant cycle. Because we are building our budget now and need to have knowledge of what our costs and potential income through grants might be, we felt it was better to apply through this process so we're able to know those details in time to make changes to registration costs, etc. Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required prior to the event taking place. Insurance is currently pending 2. Please share the following information about your project/event: a. Please describe the project and specify the goals/expectations. Goal 1: Drive overnight stays in Waterloo. Since all attendees will be from outside of Black Hawk County they will be lodging in hotels over the event. Our host hotel is the Days Inn Hotel. We will be encouraging our attendees to stay at the Days Inn to receive the group rate and to bond with shipmates. Goal 2: I will work with Erin Schmitz at the Waterloo Convention & Visitors Bureau and Christy Decker at the Grout Museum to market and coordinate the reunion. Goal 3: Support local organizations and activities that have a positive impact on Waterloo. Any reunion group that we can connect with Waterloo definitely has a positive impact on the community the information that reunion groups share in advance with their members and the positive word-of-mouth advertising we get after the event helps point other reunion groups in our direction in the future. Goal 4: We are touring the John Deere Tractor Assembly, Barn Happy, Hansen's Dairy Farm, Veterans Memorial Hall, Laughing Tree Cafe, Waterloo Center for the Arts, Brown Bottle, having the Waterloo Playhouse perform the USO show, taking the John Deere Engine Works, the Grout Museum District, and having dinner at the Sullivan Brothers Convention Center. People are coming from all over the country. By visiting these great attractions they can learn with the City of Waterloo has to offer. b. Please describe the mechanism for measuring to see if expectations are met. We will talk to the people that attend the reunion, they are not bashful they will tell if they enjoyed the reunion or not. 3. Based on past history of this event (in Waterloo and/or in other communities) please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend? Of those, how many will be from outside Black Hawk County? 50 b. What method was used to determine this information? Their home addresses. 2 Page 134 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application c. What will be the mechanism for tracking/measuring attendance? How are you adjusting it from the prior year? When registrations are sent in we will be able to measure attendance. Every year a registration is sent out. We will really be talking up Waterloo through facebook and our newsletter. d. What are your expectations for hotel room use in Waterloo? 25 rooms per night for 5 nights, totally 125 rooms. We are staying at the Days Inn Waterloo e. How will you track room use? Cross referencing registration with pick up numbers from the hotel. f. Do you have room blocks? Rates? Yes at the Days Inn. The rate is $79.99. g. When are rooms typically booked? Rooms will be booked by August 1, 2017 h. How long will people stay? 5 nights i. How many people stay in a room? 2 people (mostly couples) j. Please include event attendance and hotel use history if applicable. Where has the event been held before? How many participants/spectators were involved previously? The reunion has received been hosted in Dallas, TX, Nashville, TN, Norfolk, VA, Charleston, SC. There are approximately 50 —100 people that participate in the reunion. k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without grant funding? N/A 1. For event -related capital projects only: Please describe how this ties into your organization's mission, and how the project allows you to draw additional people to Waterloo. N/A 4. Is this a new project or idea? YES X NO X If yes, please describe, in detail, how this project explores a new idea, new direction, is innovative or a new project? The idea of having a reunion is not a new one. However it is the first time a reunion has come to Iowa / Waterloo ever before. The reunion is new to our state. 5. Are there significant changes to the event/application from previous years? YES NO X If yes, please describe, in detail, those changes. Examples could include changes in marketing efforts, expansion of the event schedule, etc. 3 Page 135 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? We think it shows that Waterloo makes a difference in the bigger scheme of things now and in the past. 7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations, audience size, etc. Please provide information about specific media, schedule, costs, etc. • Facebook page. We will be promoting and creating buzz for the event through Facebook Members of the organization are already connecting on Facebook to talk about the upcoming reunion. • Scuttlebutt Newspaper. The Scuttlebutt will be sent out in April and August with information on the reunion to all the members of the organization. 8. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. Budget information should be as complete as possible. a. Total Income: $14,000.00 b. Total Expense: $13,047.00 c. Net Profit (Loss) for the event: We will likely break even. We are asking for the max amount on the mini -grant application. If we receive $2000.00 we will break even. Lower than $2000.00 we will be at a net loss. d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and how would not receiving full funding through this process affect your event? If awarded the grant dollars, they would assist us to cover the costs of: • The grant dollars would go towards renting a Motorcoach for three days to take in the attractions that Waterloo has to offer. e. How will profit (if applicable) be used by the project/organization/business? We do not expect to make a profit, If we do then we would put the profit into our organization to use for future reunions. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? Acknowledgment and Signature 1 have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds are reimbursement funds for project funding already spent, and are to be used for the express purpose as stated in the Grant Application 1, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non fundable or not stated herein Signature of Applicant Date 4 Page 136 of 185 Income: List all income expected for the project. Round dollar figures to the nearest dollars. Please note if income from grants/sponsors has been secured or if funds are still pending. Income Source Income/fn-Hind (please note if cash or in-kind) Source Pending/secured Registration Fees 10000 Registration 10000 Hotel Motel Grant 3000 H -T Grant 3000 Sponsorship 1000 Sponsorship 1000 Total Income 14000 14000 Expenses: Provide an itemized list of all expenses, including both fundable and non -fundable items Note which fundable expenses will be met by the Hotel -Motel Tax Grant. Cash and in-kind match funds must be 50% of the total project cost or greater. Expenses should include items like the following: Travel expenses, bid/guarantee fees, registration costs, facility rental, equipment rental, design costs, capital expenses (please specify each), safety and security costs, medical services, salaries, professional services (legal, accounting, etc.), prizes (cash and other), marketing and advertising, insurance, honoariums, speaker's fees, hotel rooms, food & beverage, postage, phone, utilities, printing, other (please specify). Please note that this list includes examples that are both fundable and non fundable. Refer to the list on pages 2 & 3 for the complete list of fundable and non fundable. Expense Description Expense Total H -M Grant Request Cash Match In -Kind Match 3 Day City Attraction Day - Motorcoach Fee 3192 3000 192 Memorial Service at Veterans Hall 150 150 Kelly Sullivan Loughren Honorium 150 150 Playhouse Drama -To -Go Performance 1000 1000 Welcome Reception at Hotel 300 300 Hospitality Room Snacks 500 500 Day 1 Lunch at Barn Happy 1000 1000 Day 2 Lunch at Laughing Tree 1000 1000 Day 2 Tour of Hansens Dairy 750 750 Day 2 Brown Bottle 1200 1200 Day 3 JD Museum Tour 500 500 Day 3 Grout Museum Tour & Lunch 1250 1250 Day 3 Banquet Dinner 1500 1500 Memorial Wreath 30 30 Group Photo 375 375 Event lnsurance 150 150 Totals 13047 3000 10047 0 981. 40 LEI. abed Applicant: Iowa Parks & Recreation Association Event: 2017 State Conference Dates: March 27-30, 2017 Summary: The IPRA conference brings together members and exhibitors for education, resource sharing, relationship building and advocacy. The conference brings people from around Iowa including those in the parks and recreation industry, students and exhibitors. The event showcases the community, as well, with tours and socials at the SportsPlex, Dek Hockey, golf courses, Lost Island and local restaurants. Attendance: They are expecting 125 plus 50 exhibitors. Waterloo's location within the state has typically led to a larger attendance. Projected room nights: We will see a minimum of 150 room nights (50 per night x 3 nights). Room night impact: A mid -week conference in March is an awesome event to have here in Waterloo. Projected economic impact: $94,218 ROI (Economic impact based on requested funds): The return is $0.03 per dollar invested with full funding. Request: $3,000 Use of funds: Grant funds will assist in paying for the venue, transportation and speakers. They did indicate in the budget that $1,000 would be used for food and beverage. That's not a fundable item, though they do show cash match of $2,300 for speakers. As we've done in the past, we can indicate that an award can/should be used for specific items and not for others. Application quality (was it clear, complete, well thought-out): This is a very clear application. They have good information, a well thought-out plan and a great event history to call upon for application details. Page 138 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application Waterloo Hotel -Motel Tax Year -Round (Mini) Grant Application Entire application MUST be typed and every question must be answered fully Total Request: $3000 Total Project Cost $29,175 1. Contact Information/Background Information Name & Date of Event/Project: 2017 Conference; March 27-30; Five Sullivan Brothers Convention Center/Ramada Hotel, Waterloo Name of presenting organization: Iowa Parks and Recreation Association Non -Profit Organization: Yes Check payable to (if different than above) Iowa Parks and Recreation Association FEIN Number: 42-1088426 Contact person: Steven Jordison, CEO Address: 1534 Penrose Street City: Grinnell State: Iowa Zip: 50112-1203 Phone number : 515-291-4917 Email: steve©iapra.org Organization web address: www.iapra.org Please describe your organization. Include information about mission, history, staff, volunteers, etc.? Please also describe how your organization collaborates with others in the community throughout the year. Association vision is to build a better Iowa through parks and recreation. This sound vision is based upon supporting the advancement of park, recreation, and environmental conservation opportunities through education, resource tools, and advocacy. We represent more than 600 members throughout Iowa including professionals, board and commission members, students, commercial, and advocates. Founded in 1939, IPRA is the premier municipal parks and recreation provider in the state. We represent greater than 100 municipal departments. Conference attendance is projected at 125 with 50 exhibitors. Nearly 90% of the attendance will be outside Black Hawk County. Collaborative efforts on the local front include Waterloo Leisure Services, Cedar Falls Parks and Recreation, University of Northern Iowa, and Waverly Parks and Recreation. Staff: 1.5 FTE; Volunteers: as a member driven not-for-profit association, reliance on volunteer board of directors, committee chairs, and committee members in essential. Is a member of the Waterloo City Council on your Board of Directors? NO How does your organization market to/reach an audience outside of Black Hawk County? Utilize the following means of communication: monthly magazine, website, e -blasts, and post cards. Have hotel -motel tax grants been received for this project previously? No (other than normal sponsorship funding) 4 Page 139 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. If so, please provide an explanation for why you are applying outside of the regular grant cycle. Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required prior to the event taking place. Board of Directors: iPRA has a nine member volunteer board elected by the membership. Of the nine, three are officers and six directors at large. Staff 1.5 FTE. 2. Please share the following information about your projectlevent: a. Please describe the project and specify the goals/expectations. Annual professional development conference. This year's event will mark the fourth time IPRA has visited Waterloo since 2002. Following events will occur, twenty-eight educational sessions, two off-site socials, golfing, deck hockey, and social at SportsPlex b. Please describe the mechanism for measuring to see if expectations are met. Separate post -event online survey for delegates and exhibitors. 3. Based on past history of this event (in Waterloo andlor in other communities) please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend? 125 Of those, how many will be from outside Black Hawk County? 90% b. What method was used to determine this information? Past delegate exhibitor registrations c. What will be the mechanism for tracking/measuring attendance? Registration forms How are you adjusting it from the prior year? Slight modifications based on available training dollars from departments d. What are your expectations for hotel room use in Waterloo? Minimum of 50 hotel rooms per night at three nights e. How will you track room use? Ramada Hotel staff f. Do you have room blocks? Yes Rates? Ramada Hotel $90/single, $95/double g. When are rooms typically booked? Between January 15 and March 27 h. How long will people stay? Typically, three nights (March 27, 26, 29 — 2017) i. How many people stay in a room? 1- 2 j. Please include event attendance and hotel use history if applicable. Where has the event been held before? How many participants/spectators were involved previously? . 2016 © Council Bluffs —106 delegates; 234 room nights; 2002 © Waterloo —157 delegates; 181 room nights; 2007 @ Waterloo — 136 delegates — 176 room nights, 2012 @ Waterloo —139 delegates — 179 mom nights. k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without grant funding? I. For event -related capital projects only: Please describe how this ties into your organization's mission, and how the project allows you to draw additional people to Waterloo. 4. Is this a new project or idea? NO If yes, please describe, in detail, how this project explores a new idea, new direction, is innovative or a new project? Page 140 of 185 Waterloo Hotel -Motel Tax Grant (Mini Grant) Application 5. Are there significant changes to the event/application from previous years? NO If yes, please describe, in detail, those changes. Examples could include changes in marketing efforts, expansion of the event schedule, etc. 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? Planning committee is offering offsite tours including Lost Island Water Park, SportsPlex, Young Arena, and area parks. Additionally, we will be utilizing one of the local 18 hole golf courses as well as deck hockey at Sports Complex. One of the evening socials will feature use of the SportsPlex. Delegates will also be given daily passes to the SportsPlex. Several restaurants are planning to cater food and beverage for evening socials. 7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations, audience size, etc. Please provide information about specific media, schedule, costs, etc. Marketing plans include delegate brochure and exhibitor brochure. Both will be direct e -blasts along with reminder postcards. We plan to collaborate with the Iowa League of Cities in spreading the word. Audience includes !PRA members, Iowa League of Cities, and Iowa County Conservation. Basic costs postcard creation and mailing — approximately $300. Waterloo Leisure Services is in-kind creating the delegate brochure. 8. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. Budget information should be as complete as possible. a. Total Income: $60,925 (this amount includes proposed $3000 Waterloo CVB grant application) b. Total Expense: $29,175 c. Net Profit (Loss) for the event: $31,759 (this does not include association staff time and office expenses to administer the program) d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and how would not receiving full funding through this process affect your event? Funds will be invested in facility rental, AV rental, offsite tour transportation, social at SportsPlex, speaker. Unfunding the project may negatively impact the quality of offsite four transportation, weaken the use of appropriate facility space at Five Sullivan Brothers, lessen quality of educational sessions. e. How will profit (if applicable) be used by the project/organization/business? To enhance professional development within municipal parks and recreation departments. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? We are pleased to say this will be our fourth conference in Waterloo during the past 15 years. Acknowledgment and Signature 1 have reviewed this Application for Grant Funds from the City of Waterloo end Waterloo COmention end VOWS Bureeu. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete The Hotel -Motel Ten Grant funds aro reimbursement funds for project funding already spent, end are to be used for the express purpose as stated MON Grant Application 1 the undersigned, know he end wee the: d the program/project does not transpire, isosrnmendakOn by the Waterloo Convention end Visitors Bureau Board of Directors for funding writ be wdhdrewn. My organrzotton we be responsible for refunding any pwhon of grant funds already received Or for covenng the costs for portions of the project that ere non -fundable Or not stated herein Signature of Apples S%h 4. Jo rd.'s", GEv Date 01. aVi 1-) 6 Page 141 of 185 Income: List all income expected for the project. Round dollar figures to the nearest dollars Please note if income from grants/sponsors has been secured or if funds are still pending Income Source Income/in-Kind {note cash or ire -kind Entry Fees/Admissions/Registrations S 45.575.00 Delegate and exhibitor Pending 1,300.00 Advertising $ Min F&B Food & Beverage 5 Sponsorships $ 12,350.00 1,000.00 Pending Grants (please specify) $ 3,000.00 Waterloo CVB Applkation Pending Merchandise Sales $ Internet Ticket Sales $ Donations $ - Security $ Other (please specify) $ Transportation $ 700.00 $ 500.00 Total income I $ 60,925.00 Medical $ Expenses: Provide an itemized list of all expenses, including both fundable and non -fundable items Note which fundable expense will be met by the Hotel -Motel Tax Grant. Cash and in-kind match funds must be 50% of the total project cost or greater. Expense Crescrip,io-n Expense Totaf H -M Grant tteques: In -Kind Match Venue Rental (not including food) $ 1,300.00 S 1,300.00 $ - Min F&B Food & Beverage 5 19,625.00 $ 1,000.00 Audio/Visual $ 425.00 Internet $ Security $ Transportation $ 700.00 $ 500.00 $ 200.00 Medical $ Speakers $ 2,500.00 S 200.00 $ 2,300.00 Entertainment Other costs (please specify individually on lines below Exhibitor booth space $ 2,500.00 Golf Outing $ 2,125.00 Total $ 29,175.00 $ 3.000.00 $ 2,500.00 981. 40 2171, abed CITY OF WATERLOO Council Communication Resolution approving Agreement with Iowa Department of Transportation for use of city streets to detour Highway 63 traffic using W. Airline Highway, Airport Blvd., and US 218 in conjunction with the Highway 63 PC Pavement - Grade and Replace Project (NHSX-063-6(78)--3H-07) from Jefferson Street to Franklin Street; and authorize Mayor to execute said document. City Council Meeting: 3/6/2017 Prepared: 3/2/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 3/2/2017 - 11:07 AM Clerk Office Higby, Nancy Approved 3/2/2017 - 11:15 AM ATTACHMENTS: Description Type D Hwy 63 detour map_Jefferson to Franklin Cover Memo SUBJECT: Submitted by: Summary Statement: Background Information: Resolution approving Agreement with Iowa Department of Transportation for use of city streets to detour Highway 63 traffic using W. Airline Highway, Airport Blvd., and US 218 in conjunction with the Highway 63 PC Pavement - Grade and Replace Project (NHSX-063-6(78)--3H-07) from Jefferson Street to Franklin Street; and authorize Mayor to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer This agreement is for the use city streets to implement a detour needed for the contractors work on US 63 for the above -referenced project. The portion of the detour using city streets will commence at the junction of US 63 (Logan Avenue) and W. Airline Highway thence westerly on W. Airline Highway to Airport Blvd. to US 218. The City will be compensated based on the gas tax method of detour reimbursement. This agreement is available in the City Clerk's Office if you wish to review it in its entirety. Detour map is attached. Page 143 of 185 1110,1 mu 5 ,11.1 10 U.S. 63 Off 5,1 Site Detour n 12 111131-11 -at 9 17 t A ELF 1111 111604 szam.. jaillemek w-21-m,:.--amommummiram, INNIMFAMMINI =ME= worpiimpt, EWINI=MILI 1,11.1-3 51 Detail Eastbou T raf ft. 13 VreOrierlre \1/4elnia:„.,.. f 14,V411,,....-•s•i4,11 _MAI, *Ita,& A',,t4t4M--- rainffl_MEmitm iiiitilUmm,ffirmimer.t ""4***wilawrilrimm ----/------fimmlittlettirettralimE:6-= 1 i=ow Nt4.704 kt% 4 t7 .4 44 # n I • L V 41***41PV4,1* 4.1115:1=4444.414,7** thME11:=="4041411‘'% 1 NtO MIME EN= AkAIMINOW6A1 N.wA\ I8 Franklin Street Lo (Stag 19 3 11.11111111,1t • CL.11=1i10,1 sr 1,¢111[11.1.1. 00 CITY OF WATERLOO Council Communication Resolution accepting donation from Grey Fox Properties LLC, for two parcels of real estate located at 200 Merriman Street and 1527 E. 4th Street. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Legal Even, LeAnn Approved 3/1/2017 - 3:09 PM ATTACHMENTS: Description Type SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution accepting donation from Grey Fox Properties LLC, for two p arc els of real estate located at 200 Merriman Street and 1527 E. 4th Street. Submitted By: David R. Zellhoefer, City Attorney Approve donation of two properties and approve City Attorney filing deeds to said properties from Grey Fox Properties LLC to City of Waterloo. These are 2 properties we have been considering for 657A. I have discovered both properties were purchased at tax sale and the tax deed holder wishes to donate them to the City. This would save the City $800 to $1,000 in court costs and fees. Expenditure Required: Recording fees for deeds for each property at approximately $115.00. Source of Funds: Legal Department Legal Services Fees. Page 145 of 185 Prepared by: James E. Nervig, Attorney at Law, 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266 515-274-1450 Return to: Michael B. Mowat, 12012 Douglas Circle, Omaha, NE 68154 Address Tax Statement: Michael B. Mowat, 12012 Douglas Circle, Omaha, NE 68154 QUIT CLAIM DEED For the consideration of One Dollar ($1.00) and other valuable consideration, GreyFox Properties, LLC, as grantor, hereby quit claims to Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife, as tenants in common, as grantees, all of the grantor's right, title, claim and demand in the following described real estate in Black Hawk County, Iowa: Shilliam's Third Subdivision, the West sixty-six (66) feet of Lot One (1) in Block Ten (10); situated in the County of Black Hawk and State of Iowa By execution of this deed on behalf of grantor, the undersigned represents and warrants to grantees that the grantor is a member -managed limited liability company, that the execution of this deed is authorized by the company's operating agreement, that all of the members of the grantor limited liability company have consented to the execution of this deed by the undersigned, and that this deed is given by the grantor limited liability company in the ordinary course of the activities of the company. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: / /7/17 Page 146 of 185 GreyFox Properties, LLC By: M&K Holdings, LLC, its sole Member By: Michael B. Mowat Member of M&K Holdings, LLC STATE OF NEBRASKA, COUNTY OF DOUGLAS This record was acknowledged before me on ) ' , 2017, by Michael B. Mowat, as Member of M&K Holdings, LLC, sole Member of GreyFox Properties, LLC, a limited liability company. rGENERAL NOTARY=Stakeof tioilftska KIMBERLY J. T EKEN .--t My Comm, Exp. April 18, 2019 2 Page 147 of 185 aDo rn Prepared by: James E. Nervig, Attorney at Law, 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266 515-274-1450 Return to: City of Waterloo, 715 Mulberry St, Waterloo, IA 50703 Address Tax Statement: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 QUIT CLAVI DEED For the consideration of One Dollar ($1..00) and other valuable consideration, Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife, as grantors, hereby quit claim to the City of Waterloo, Iowa, as grantee, all of the grantors' right, title, claim and demand in the following described real estate in Black Hawk County, Iowa: Shilliam's Third Subdivision, the West sixty-six (66) feet of Lot One (1) in Block Ten (10); situated +in the County of Black Hawk and State of Iowa i kit i ,r, e.-110,^ i its r `i ' COO; 110 t tvzit vut sttoiv s rt.21 i'iZr[ Words and phrases herein, including acknowledgment hereof, shall. be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: I /-7 /0 7 Michael 141/ �► • Mowat /# . Mowat arry J. K Michelle A. Kubat Page 148 of 185 STATE OF NEBRASKA, COUNTY OF DOUGLAS This record was acknowledged before me on — , 2017, by Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife. GENERAL NOTARY -Slate of Nebraska My Comm. KIMBERLY H 18, 019 2 Page 149 of 185 J 7 Prepared by: James E. Nervig, Attorney at Law, 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266 515-274-1450 Return to: Michael B. Mowat, 12012 Douglas Circle, Omaha, NE 68154 Address Tax Statement: Michael B. Mowat, 12012 Douglas Circle, Omaha, NE 68154 QUIT CLAIM DEED For the consideration of One Dollar ($1.00) and other valuable consideration, GreyFox Properties, LLC, as grantor, hereby quit claims to Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife, as tenants in common, as grantees, all of the grantor's right, title, claim and demand in the following described real estate in Black Hawk County, Iowa: North Addition, the North fifty-two (52) feet of Lot One (1) in Block Four (4), the North fifty-two (52) feet of the East twenty-one (21) feet of Lot Two (2) in Block Four (4); situated in the County of Black Hawk and State of Iowa By execution of this deed on behalf of grantor, the undersigned represents and warrants to grantees that the grantor is a member -managed limited Iiability company, that the execution of this deed is authorized by the company's operating agreement, that all of the members of the grantor limited liability company have consented to the execution of this deed by the undersigned, and that this deed is given by the grantor limited liability company in the ordinary course of the activities of the company. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: 1 /7 /17 Page 150 of 185 STATE OF NEBRASKA, COUNTY OF DOUGLAS This record was acknowledged before me on 1_ , 2017, by Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife. GENERAL NOTARY -State of Nebraska KIMBERLY J. TIEKEN My Comm. Exp. Apr!! 18, 2090 13 fribe) 22ho uo tary Public 2 Page 151 of 185 )52_1 E, H-0-) Prepared by: James E Nervig, Attorney at Law, 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266 515-2744450 Return to: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 Address Tax Statement: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 QUIT CLAIM DEE For the consideration of One Dollar ($1.00) and other valuable consideration, Michael B. Mowat and Gina M. Mowat, husband and wife, and Barry J. Kubat and Michelle A. Kubat, husband and wife, as grantors, hereby quit claim to the City of Waterloo, Iowa, as grantee, all of the grantors' right, title, claim and demand in the following described real estate in Black Hawk County, Iowa: North Addition, the North fifty-two (52) feet of Lot One (1) in Block Four (4), the North fifty-two (52) feet of the East twenty-one (21) feet of Lot Two (2) in Block Four (4); situated in the county of_Black Hawk and State of Iowa Coils l lil GA jet S MU ` 00i y r veue:j ut 5-tikwf S re Words and phrases herein, including acknowledgment hereof shall b construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: Michael B. Mowat Gina M. Mowat ---7 y J. Kubat a, *--(--dz6,-- Michelle A. Kubat Page 152 of 185 GreyFox Properties, LLC By: M&K Holdings, LLC, its sole Member By: Michael B. Mowat Member of M&K Holdings, LLC STATE OF NEBRASKA, COUNTY OF DOUGLAS This record was acknowledged before me on ! , 2017, by Michael B. Mowat, as Member of M&K Holdings, LLC, sole Member of GreyFox Properties, LLC, a limited liability company. GENERAL. NOTARY -State of Nebraska "I KIMBERLY J. T1EKEN � My Comm. Exp, April 18, 2019 2 Page 153 of 185 REAL ESTATE PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made this 144 day of January, 2017, by and between Michael B. Mowat, Gina M. Mowat, Barry J. Kubat and Michelle A. Kubat (collectively referred to herein as "Seller"), and City of Waterloo ("Buyer"). The Seller, as in this Agreement provided, agrees to convey to the Buyer, and the Buyer agrees to accept from the Seller, the following described real estate situated in the County of Black Hawk, State of Iowa: Shilliam's Third Subdivision, the West sixty-six (66) feet of Lot One (1) in Block Ten (10); situated in the County of Black Hawk and State of Iowa upon the terms and conditions following: 1. DONATION; NO CONSIDERATION. The parties agree that subject property is to be conveyed by the Seller to the Buyer as a donation and without any monetary consideration. 2. POSSESSION. The Buyer, concurrently with due performance on the Buyer's part, shall be entitled to possession of said premises on or before or on such later date as the parties may set by mutual agreement of the parties. 3. TAXES AND SPECIAL ASSESSMENTS. The Buyer shall be responsible for payment of all real estate taxes and special assessments, including any amounts presently due and all amounts that become due in the future, 4. ACCEPTENACE OF PROPERTY "AS IS." The Buyer has inspected the subject property and accepts the condition of the property "as is." The Seller makes no warranty, express or implied, as to condition of the property. 5. CLOSING. Closing shall be on or before parties may set by mutual agreement of the parties. , or on such later date as the 6. QUIT CLAIM DEED. At closing, the Seller shall execute and deliver to the Buyer a Quit Claim Deed without any warranties. 7. CLOSING COSTS. The Buyer shall pay all revenue stamps, recording fees and abstract costs in connection with this transaction. SELLER: By: Mi .u. el B. Mowat By: 44a 'Mar ma M. Mowat By: Y7 rry J. Ku BUYER: By: Printed Name: Title: ByLfn Michelle A. Kubat Page 154 of 185 REAL ESTATE PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made this 7 4k day of January, 2017, by and bet -ween Michael B. Mowat, Gina M. Mowat, Barry J. Kubat and Michelle A. Kubat (collectively referred to herein as "Seller"), and City of Waterloo ("Buyer"). The Seller, as in this Agreement provided, agrees to convey to the Buyer, and the Buyer agrees to accept from the Seller, the following described real estate situated in the County of Black Hawk, State of Iowa: North Addition, the North fifty-two (52) feet of Lot One (1) in Block Four (4), the North fifty-two (52) feet of the East twenty-one (21) feet of Lot Two (2) in Block Four (4); situated in the County of Black Hawk and State of Iowa upon the terms and conditions following: 1. DONATION; NO CONSIDERATION. The parties agree that subject property is to be conveyed by the Seller to the Buyer as a donation and without any monetary consideration. 2. POSSESSION. The Buyer, concurrently with due performance on the Buyer's part, shall be entitled to possession of said premises on or before or on such later date as the parties may set by mutual agreement of the parties. 3. TAXES AND SPECIAL ASSESSMENTS. The Buyer shall be responsible for payment of all real estate taxes and special assessments, including any atnounts presently due and all amounts that become due in the future. 4. ACCEPTENACE OF PROPERTY "AS IS." The Buyer has inspected the subject property and accepts the condition of the property "as is." The Seller makes no warranty, express or implied, as to condition of the property. 5. CLOSING. Closing shall be on or before parties may set by mutual agreement of the parties. , or on such later date as the 6. QUIT CLAIM DEED. At closing, the Seller shall execute and deliver to the Buyer a Quit Claim Deed without any warranties. 7. CLOSING COSTS. The Buyer shall pay all revenue stamps, recording fees and abstract costs in connection with this transaction. SELLER: By 11,67 By: By: M'_hael 13. Mowat Gina M. Mowat i 45a ByLfh/ (lel% a, Michelle A. Kubat BUYER: By: Printed Name: Title: Page 155 of 185 CITY OF WATERLOO Council Communication Resolution approving and accepting certain acquisition contract and accepting certain deeds to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project, sanitary sewer improvements, and accept a temporary easement from Prime RE, LLC for $37,415.39 ($25,934.72 fee title acquisition, $11,480.67 temporary easement) located east of 2535 Crossroads Boulevard. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Attachments - Parcels 135 and 135A- Dry Run Interceptor D Reviewer Schroeder, Aric Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Date 3/1/2017 - 12:17 PM 3/1/2017 - 2:59 PM Resolution approving and accepting certain acquisition contract and accepting certain deeds to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project, sanitary sewer improvements, and accept a temporary easement from Prime RE, LLC for $37,415.39 ($25,934.72 fee title acquisition, $11,480.67 temporary easement) located east of 2535 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by the City of Waterloo to accept a certain acquisition contract and accept a certain deed to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project sanitary sewer improvements, and accept a temporary easement from Prime RE, LLC for $37,415.39 ($25,934.72 fee title acquisition, $11,480.67 temporary easement) located east of 2535 Crossroads Boulevard. The acquisition and temporary easement is needed for the purpose of completing a sanitary sewer improvements project for this area due to a consent decree with the EPA. $37,415.39 GO Sewer Bonds Page 156 of 185 Policy Issue: Infrastructure Alternative: N/A Background Information: Legal Descriptions: The City of Waterloo has been given a consent decree from the Environmental Protection Agency, which is mandating that the City upgrade this particular sanitary sewer line. DESCRIPTION: TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014- 00013258 AND RECORDED IN THE OFFICE OF THE BLACK COUNTY RECORDER, SAID PARCEL "E" IS SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1 AND ALSO PART OF THE SOUTHEAST 1/4 OF SECTION 2, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SMD SECTION 2; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE NORTH 35°26'02" EAST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 23.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 90°00'00" WEST, 263.63 FEET; THENCE SOUTH 47°37'26" WEST, 65.16 FEET TO THE SOUTH LINE OF SAID PARCEL "E"; THENCE SOUTH 89°27'49" WEST ON THE SOUTH LINE OF SAID PARCEL "E", 1309.72 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "E"; THENCE NORTH 00°33'53" WEST ON THE WEST LINE OF SAID PARCEL "E" ALSO BEING THE EAST LINE OF LOT 1 OF CROSSROADS PLAT NO. 9, A DISTANCE OF 34.00 FEET; THENCE NORTH 89°27'49" EAST, 1317.73 FEET; THENCE NORTH 47°37'26" EAST, 44.28 FEET; THENCE SOUTH 90°00'00" EAST, 285.61 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 24.55 FEET TO THE POINT OF BEGINNING. CONTAINING 51,253 SQUARE FEET OR 1.18 ACRES. DESCRIPTION: FEE SIMPLE ACQUISITION A PARCEL OF LAND SITUATED IN PART OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014- 00013258 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, SAID PARCEL "E" IS SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1 AND ALSO PART OF THE SOUTHEAST 1/4 OF SECTION 2, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SMD SECTION 2; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE Page 157 of 185 PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E" BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 26.80 FEET; TO THE SOUTHEAST CORNER OF SAID PARCEL "E" WHICH IS ON THE NORTH LINE OF VACATED MURPHY ROAD; THENCE SOUTH 89°27'49" WEST ON THE SOUTH LINE OF SAID PARCEL "E" ALSO BEING THE NORTH LINE OF VACATED MURPHY ROAD, 282.42 FEET; THENCE NORTH 47°37'26" EAST, 65.17 FEET; THENCE NORTH 90°00'00" EAST, 263.63 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 23.85 FEET TO THE POINT OF BEGINNING. CONTAINING 11,578 SQUARE FEET OR 0.27 ACRE. Page 158 of 185 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal descriptions attached as Exhibit "A" and Exhibit "B", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 37,415.39, based on a fee title value of $2.24 per foot, as itemized on Exhibit "C" attached hereto. Of the Purchase Price, S100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before April 30, 2017, as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture, Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seiler agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer WHEREFORE, the parties hyo entered into this quisition Contract as of the date first set forth above, Prime RE, By: v; Or. g. `'t`so1.k.Xf Its: SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: &4(Q -- I 1 LI 8 i7 SSN or EIN Acknowledged before me on � as t aot i , by Cir1V'fS{t'i5 of Seller) . MELISSA YCUNGBLIJT COMMISSION NO. 747753 MY OI . IS IO APPROVL •EC. MENDED. BY: NotaryPub i City Planning Staff (Date) APPROVED BY: ATTEST; (Mayor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: (City Clerk) Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Sq Feet Price Price per square foot (fee interest) T $2.24 Fee acquisition 11,578 Temporary easement(s) 51,253 $25,934.72 $11,480.67 TOTAL $37,415.39 ACQUISITION PLAT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: PRIME RE LLC ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-017 PROJECT PARCEL NO. 135A FD I.P. W/ORANGE PLASTIC CAP NO. 12532 PART OF SE 1/4 SEC. 2-88- I 3W PARCEL "E" DOC. 201400013258 EXISTING 34' DRAINAGE EASEMENT VACATED MURPHY ROAD (66`) PART OF GOV. LOT 6 OF THE SW 1/4 SEC. I -88-13W 89 °27'49"E 1316.83' --------------- ----------------------------------------- --------- SW COR SEI SEI /4 SEC 2-88- I 3W FD 1/2" REBAR W/RED PLASTIC CAP *1:16775 BEARING DISTANCE SE COR SEC 2-88- 1 3W FD 1/2" REBAR W/RED PLASTIC CAP #I6775 1 TO 2 N 00 ° 16 ' 38 " E 54.69 2 TO 3 S 35 ° 26 ' 02 " W 26.80 3 TO 4 S 89 ° 27 '49 " W 282.42 4 TO 5 N 47 ° 37 ' 26 " E 65.17 5 TO 6 N 90 ° 00 ' 00 " E 263.63 6 TO 2 S 35 ° 26 ' 02 " W 23.85 ' 0 30 60 P.O.B. 90 SCALE IN FEET 120 DATE SIGNED: FEBRUARY 15,2017 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor underundw th�.aV,the State of Iowa. R. F�LE 2-(5--zorr Date ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-017 PROJECT PARCEL NO. 135A DESCRIPTION: FEE SIMPLE ACQUISITION A PARCEL OF LAND SITUATED IN PART OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014-00013258 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, SAID PARCEL "E" IS SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1 AND ALSO PART OF THE SOUTHEAST 1/4 OF SECTION 2, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E" BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 26.80 FEET; TO THE SOUTHEAST CORNER OF SAID PARCEL "E" WHICH IS ON THE NORTH LINE OF VACATED MURPHY ROAD; THENCE SOUTH 89°27'49" WEST ON THE SOUTH LINE OF SAID PARCEL "E" ALSO BEING THE NORTH LINE OF VACATED MURPHY ROAD, 282.42 FEET; THENCE NORTH 47°37'26" EAST, 65.17 FEET; THENCE NORTH 90°00'00" EAST, 263.63 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 23.85 FEET TO THE POINT OF BEGINNING. CONTAINING 11,578 SQUARE FEET OR 0.27 ACRE. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: PRIME RE LLC ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-017 PROJECT PARCEL NO. 135 PART OF SE 1/4 SEC. 2-88-13W iz---LOT 1 OF CROSSROADS PLAT NO. 9 EXISTING 34' DRAINAGE EASEMENT -N89°27'49"E 1316.83' SW COR SEI/4 SEC 2-88-13W FD 1/2" REBAR W/RED PLASTIC CAP #16775 PARCEL "E" DOC. 201400013258 VACATED MURPHY ROAD [66'}_ SW COR SEI/4 SEI/4 SEC 2-88-13W FD 1/2' REBAR W/RED PLASTIC CAP #16775 N89°27'49"E 1316.83' BEARING/ DISTANCE PART OF GOV. LOT 6 OF THE SW 1/4 SEC. I -88-13W FD I.P. W/ORANGE PLASTIC CAP NO.12532 1 TO 2 N 00 ° 16 ' 38 " E 54.69 2 TO 3 N 35 ° 26 ' 02 " E 23.85 3 TO 4 N 90 ° 00 ' 00 " W 263.63 4 TO 5 5 47° 37'26" W 65.16 5 TO 6 S 89 ° 27 ' 49 " W 1309.72 6 TO 7 N 00 ° 33 ' 53 " W 34.00 7 TO 8 N 89 ° 27 ' 49 " E 1317.73 8 TO 9 N 47°37'26" E 44.28 9 TO 10 5 90 ° 00 ' 00 " E 285.61 10 TO 3 S 35 ° 26 ' 02 " W 24.55 AREA T.E. = 51,253 S.F. OR 1.18 ACRES 12532 O v `-4 SE COR SEC 2-88-13W FD 1/2' REBAR W/RED PLASTIC CAP #16775 HESS ROAD 0 125 250 375 500 ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-017 PROJECT PARCEL NO. 135 DESCRIPTION: TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014-00013258 AND RECORDED IN THE OFFICE OF THE BLACK COUNTY RECORDER, SAID PARCEL "E" I5 SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1 AND ALSO PART OF THE SOUTHEAST 1/4 OF SECTION 2, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE NORTH 35°26'02" EAST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 23.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 90°00'00" WEST, 263.63 FEET; THENCE SOUTH 47°37'26" WEST, 65.16 FEET TO THE SOUTH LINE OF SAID PARCEL "E"; THENCE SOUTH 89°27'49" WEST ON THE SOUTH LINE OF SAID PARCEL "E", 1309.72 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "E"; THENCE NORTH 00'33'53" WEST ON THE WEST LINE OF SAID PARCEL "E" ALSO BEING THE EAST LINE OF LOT 1 OF CROSSROADS PLAT NO. 9, A DISTANCE OF 34.00 FEET; THENCE NORTH 89°27'49" EAST, 1317.73 FEET; THENCE NORTH 47°37'26" EAST, 44.28 FEET; THENCE SOUTH 90'00'00" EAST, 285.61 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "E"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "E", 24.55 FEET TO THE POINT OF BEGINNING. CONTAINING 51,253 SQUARE FEET OR 1.18 ACRES. City of Waterloo Dry Run Creek Interceptor • -..„-SROADS BLVD CROSSROADS BLVD BLVD CROSSROADS BLVD //"/'////-/ /2/ Temporary Easement and Fee Title Aquisition Prime RE, LLC Page 166 of 185 I I \ -Wi IATIFEN, rAat. oritalte " 250 125 0 250 freer CITY OF WATERLOO Council Communication Resolution approving and accepting certain acquisition contract and accepting certain deed to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project sanitary sewer improvements from Prime RE, LLC for $18,262.44, located east of 2325 Crossroads Boulevard. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Attachments - Parcel 135B - Dry Run Interceptor SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Date 3/1/2017 - 12:16 PM 3/1/2017 - 2:58 PM Resolution approving and accepting certain acquisition contract and accepting certain deed to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project sanitary sewer improvements from Prime RE, LLC for $18,262.44, located east of 2325 Crossroads Boulevard. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by the City of Waterloo to accept a certain acquisition contract and accepting certain deed to sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run Creek Interceptor Project, sanitary sewer improvements, from Prime RE, LLC for $18,262.44, located east of 2325 Crossroads Boulevard. The fee title acquisition is needed for the purpose of completing a sanitary sewer improvements project for this area due to a consent decree with the EPA. $18,262.44 GO Sewer Bonds Infrastructure N/A Page 167 of 185 Background Information: Legal Descriptions: The City of Waterloo has been given a consent decree from the Environmental Protection Agency, which is mandating that the City upgrade this particular sanitary sewer line. DESCRIPTION: FEE SIMPLE ACQUISITION A PARCEL OF LAND SITUATED IN PART OF PARCEL "B" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014- 00001773 AND RECORDED IN THE OFFICE OF THE BLACK COUNTY RECORDER, SAID PARCEL "B" IS SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SMD SECTION 1; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014-00013258 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 35°26'02" EAST ON THE SOUTHEAST LINE OF SAID PARCEL "E" AND THE SOUTHEAST LINE OF SAID PARCEL "B", 388.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 54°33'58" WEST, 38.47 FEET; THENCE NORTH 35°26'02" EAST, 176.10 FEET TO THE SOUTHERLY LINE OF AN EXISTING EASEMENT DESCRIBED IN BOOK 7, PAGE 537 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 87°09'41" EAST ON SAID SOUTHERLY EASEMENT LINE, 45.66 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "B"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "B", 200.70 FEET TO THE POINT OF BEGINNING. CONTAINING 7,247 SQUARE FEET OR 0.17 ACRE. Page 168 of 185 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal descriptions aftached as Exhibit "A", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 18,262.44, based an a fee title value of $2.52 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before April 30, 2017, as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Properly, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, lowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer • -- -- _ -'°- _ -..._. .-,r.ra..c.� �� �nr,r‘orrvfo NAn+h Ccallcar IfAr c WHEREFORE, the parties havter-,• to this Auisition Contract as of the date first set forth above. Prime RE, LL By: 1s cr..u's Its: SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me on go4e7! `f by Seller) . MELISSA YOUNE3BLUT COMMISSION NO. 747753 MY O'M9SSi00 City Planning Staff �[e- i cats-) SSN or EIN A. Notary ' blic irms� r— of (Date) APPROVED BY: ATTEST: DATE APPROVED: (Mayor) BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: (City Clerk) Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public So Feet Price Price per square foot (fee interest) - $2.52 Fee acquisition 7,247 $18,262.4 TOTAL $18,262.44 PART OF SE 1/4 SEC. 2-88- 13W PARCEL "E" DOC. 201400013258 FD I.P. W/ORANGE PLASTIC CAP NO. 12532 EXISTING 34' DRAINAGE EASEMENT ACQUISITION PLAT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: PRIME RE LLC ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-016 AND 8813-01-351-004 PROJECT PARCEL NO. 135B EXISTING EASEMENT BK. 7, PAGE 537 PART OF GOV. LOT 6 OF THE SW 1/4 SEC. I -88-13W PARCEL "B" DOC. 201400001773 89°27'49"E 1316.83' ------------- SW COR SEI/4 SEI/4 SEC 2-88-13W FD 1/2" REBAR W/RED PLASTIC CAP #16775 P.O.B. 50 100 150 SCALE IN FEET ACQUISITION PLAT BEARING / DISTANCE 200 1 TO 2 N 00 °16'38" E 54.69 2 TO 3 N 35 ° 26 ' 02 " E 388.29 3 TO 4 N 54 ° 33 ' 58 " W 38.47 4 TO 5 N 35 ° 26 ' 02 " E 176.10 5 TO 6 S 87°09'41" E 45.66 6 TO 3 S 35 ° 26 ' 02 " W 200.70 ' AREA PARCEL 8813-02-427-016 P.E. = 703 S.F. OR 0.02 ACRE AREA PARCEL 8813-01-351-004 P.E. = 6,544 S.F. OR 0.15 ACRE TOTAL AREA PE = 7,247 S.F. OR 0.17 ACRE SW COR SEC I -88-13W FD 1/2" REBAR W/RED PLASTIC CAP *16775 DATE SIGNED: FEBRUARY 15, 2017 MICHAEL R. EAGLE 8505 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor un r e t State of lova. MICHAEL R. FAG Lij Date ADDRESS: P.O. BOX 128 CEDAR FALLS, IOWA 50613-0000 COUNTY PARCEL NO. 8813-02-427-016 AND 8813-01-351-004 PROJECT PARCEL NO. 135B DESCRIPTION: FEE SIMPLE ACQUISITION A PARCEL OF LAND SITUATED IN PART OF PARCEL "B" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014-00001773 AND RECORDED IN THE OFFICE OF THE BLACK COUNTY RECORDER, SAID PARCEL "B" IS SITUATED IN PART GOVERNMENT LOT 6 IN THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE NORTH 00°16'38" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID SECTION 1, A DISTANCE OF 54.69 FEET TO THE SOUTHEAST LINE OF PARCEL "E" THAT IS SHOWN ON A PLAT OF SURVEY IN DOCUMENT NUMBER 2014-00013258 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 35°26'02" EAST ON THE SOUTHEAST LINE OF SAID PARCEL "E" AND THE SOUTHEAST LINE OF SAID PARCEL "B", 388.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 54°33'58" WEST, 38.47 FEET; THENCE NORTH 35°26'02" EAST, 176.10 FEET TO THE SOUTHERLY LINE OF AN EXISTING EASEMENT DESCRIBED IN BOOK 7, PAGE 537 AND RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 87°09'41" EAST ON SAID SOUTHERLY EASEMENT LINE, 45.66 FEET TO THE SOUTHEAST LINE OF SAID PARCEL "B"; THENCE SOUTH 35°26'02" WEST ON THE SOUTHEAST LINE OF SAID PARCEL "B", 200.70 FEET TO THE POINT OF BEGINNING. CONTAINING 7,247 SQUARE FEET OR 0.17 ACRE. COUNTY PARCEL NUMBER 8813-02-427-016 CONTAINS 703 SQUARE FEET OR 0.02 ACRE. COUNTY PARCEL NUMBER 8813-01-351-004 CONTAINS 6,544 SQUARE FEET OR 0.15 ACRE. City of Waterloo Dry Run Creek Interceptor Fee Title Aquisition Prime RE, LLC Page 174 of 185 , ; E ii iIy /x,,.41'\�,r— 1Feet CITY OF WATERLOO Council Communication Community Development Board Meeting and Public Hearing Minutes for January 10, 2017. City Council Meeting: 3/6/2017 Prepared: 2/24/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 3/1/2017 - 10:08 AM Clerk Office Even, LeAnn Approved 3/1/2017 - 10:19 AM ATTACHMENTS: Description Community Development Board Meeting Minutes - January 2017 Community Development Board Public Hearing Minutes, January 2017 ID ID SUBJECT: Type Cover Memo Cover Memo Community Development Board Meeting and Public Hearing Minutes for January 10, 2017. Submitted by: Submitted By:Rudy D. Jones,Community Development Director Recommended Action: approval Page 175 of 185 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING January 10, 2017 The regular meeting of the Community Development Board was held in the Mollenhoff Room at City Hall, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:05 p.m. on Tuesday, January 10, 2017. Members present: Chairperson Robert Tyson, Maxine Tisdale, Doreen Mingo, Philip Nash and Lisa Munoz Members absent: Brooke Trent and Jason Verbraken Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Nancy Gulick, Community Development Coordinator; Jerome Amos, City Council; Tom Powers, City Council. A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the agenda. It was moved by Tisdale, and seconded by Mufioz to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON DECEMBER 20, 2016. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, December 20, 2016. There were none. It was moved by Nash, and seconded by Tisdale to approve the minutes of the regular meeting on December 20, 2016 as presented. Motion carried. C. OLD BUSINESS 1. Neighborhood Stabilization Program (NSP) 1003 Lafayette— Round 3 Update (March 31, 2017). Community Development is anticipating a completion date of no later than 1-17-17. A closing date of late February has been requested by Habitat for Humanity. A final report will be provided sometime in March. A tour will be organized in the future for staff and board members. 2. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). Grand Crossing is the last project of the 2008 Flood Recovery Funds. Jones stated the projected date of completion is June 30, 2017, but indicated the project should be done well before that. Applications are being accepted for occupants at this time. Jones declared that his visits to the project are performed regularly. Board members inquired about a tour of this project after or near the completion date. 3. Update on Rehabilitation and Purchase — 718 Kern Street. A new appraisal was received which put the new price for this home at $80,000. Staff has also made Down Payment Assistance available to those who may qualify. Some new marketing twists are being implemented with this address to assist the realtor in selling the property. Page 176 of 185 Minutes January 10, 2017 Page 2 D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for December 2016 It was moved by Tisdale, and seconded by Mingo to endorse the rehabilitation contracts for December 2016. Motion carried. 2. 809 Baltimore Jones asked for the post approval of $390 of CDBG funds to be added to the ER repair at this address. The maximum $4000 plus the maximum client payment had already been reached. This was a repair that needed to be done right away as the owner had been without a bathroom for 3 weeks. It was moved by Nash, and seconded by Mingo to approve the additional cost of $390 to this project. A roll call vote was taken with -ayes -4, nayes-0. 3. Set date of 2nd Public Hearing for February 21, 2017 on FY2018 Subcommittee Recommendations for CDBG and HOME Program Funds It was moved by Mingo, and seconded by Tisdale to set the date of the 2nd Public Hearing for FY2018 Subcommittee Recommendations on February 21, 2017 at 5:00 pm. Motion carried. E. DISCUSSION ITEMS Jones mentioned application of upcoming lead grant in the spring. Discussion of funding for CDBG and HOME Programs. Jones invited all members to the Neighborhood Coalition Meet and Greet on January 19 at 6:00 p.m. Discussed earmark of monies at the federal level. ADJOURN MEETING. With no further business it was moved by Mingo, and seconded by Tisdale to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, Maxine Tisdale Board Secretary Page 177 of 185 MINUTES PUBLIC HEARING COMMUNITY DEVELOPMENT BOARD January 10, 2017 This Public Hearing of the Community Development Board was held in the Mollenhoff Room, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairperson Robert Tyson at 5:00 p.m. on Tuesday, January 10, 2017. Members present: Maxine Tisdale, Doreen Mingo, Lisa Munoz and Chairperson Robert Tyson Members absent: Jason Verbraken, Philip Nash and Brooke Trent Also present: Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Anita Merfeld, Community Development Administrative Secretary; Jerome Amos, Councilperson; Tom Powers, Councilperson; Barb Prather, Northeast Iowa Food Bank; Barb Grant, Operation Threshold; Andrew Finnegan, Iowa Heartland Habitat for Humanity; Ali Parrish, Iowa Heartland Habitat for Humanity A. APPROVAL OF THE AGENDA. Chairperson Tyson explained that the purpose of this public hearing is to receive Citizen Input into the CDBG and HOME application funding process for the FY2018 Consolidated Plan One -Year Action Plan. It was moved by Tisdale, and seconded by Munoz, to approve the Agenda for the Public Hearing to receive Citizen Input on the application process for CDBG and HOME program funding for the FY2018 Consolidated Plan One -Year Action Plan. Motion carried. B. MOTION TO RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING It was moved by Munoz, and seconded by Tisdale, to receive and place on file the affidavit for proof of publication for Notice of Public Hearing that was a display advertisement published in the Courier on Sunday, January 1, 2017. Motion carried. C. MOTION TO OPEN THE PUBLIC HEARING It was moved by Tisdale, and seconded by Munoz, to open the Public Hearing. Motion carried. Barb Prather, North East Iowa Food Bank, explained that they could not serve the hungry as they do without community support. NEIFB distributed over 8 million pounds of product last year. She explained the need for a scissors lift to access food stored high within the rafters of the large storage facility and to clean the rafters and facility to keep up with the safety and food audit. She stated that this will be last time they will ask for this and have some funding already for the purchase. Page 178 of 185 Minutes January 10, 2017 Page 2 Barb Grant, Operation Threshold Director, explained her organization's mission to collaborate, educate, and provide services to help individuals meet basic needs as well as offer opportunities to become self- sufficient. She asked for funding for "Weatherization Plus" of homes which would leverage other funding to make homes energy efficient and thus more affordable in the long run. Additionally, Ms. Grant requested funding for Tenant Based Rental Assistance that would assist individuals and families about to become homeless. Many of these clients are coming out of the correctional facilities or single mothers with children. She stated her organization follows up with these clients, and has thus far had over a 90% success rate with clients still in their home up to a year later. Ali Parrish, Director at Iowa Heartland Habitat for Humanity is expanding programs and services to serve more families in Waterloo. The focus for CDBG funds will be home preservation efforts in the Walnut Neighborhood. Habitat for Humanity is asking for funds to support established homeowners in the Walnut Neighborhood through preservation projects including critical home repairs as well as exterior repair and beautification. Ali Parrish also asked for HOME funds for a new single family home unit at Allen Street in Waterloo. The funds will be used for site preparation, infrastructure, lumber, roofing, windows and siding and other building materials. D. MOTION TO CLOSE THE PUBLIC HEARING It was moved by Mingo, and seconded by Tisdale, to close the Public Hearing. Motion carried. E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON FEBRUARY 12, 2017 BEFORE THE HEARING ON FEBRAURY 21, 2017. It was so moved by Munoz, and seconded by Tisdale. Motion carried. F. MOTION TO ADJOURN Motion was made by Mingo, and seconded by Tisdale to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitte Maxine Tisdale Board Secretary Page 179 of 185 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of February 22, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 3/6/2017 Prepared: 2/28/2017 REVIEWERS: Department Reviewer Action Date Water Works Clark, Dennis Approved 2/28/2017 - 11:44 AM Clerk Office Even, LeAnn Approved 3/1/2017 - 10:14 AM ATTACHMENTS: Description Type Waterloo Water Works Board of Trustees meeting ❑ minutes of February 22, 2017 on file in the Waterloo Cover Memo City Clerk's office. SUBJECT: Submitted by: Waterloo Water Works Board of Trustees meeting minutes of February 22, 2017 on file in the Waterloo City Clerk's office. Submitted By:Matt Mahler, General Manager Page 180 of 185 VI IU11 , N1 VVV11 t. V VV II V V I' 1IUI IUV, 1 1 ‘..4%.7 IVV, V V {.AV {.A w VV 1 Il. / .IVV 111 {.Ally 1 1'.A UI 1 VV. 1 VI1 Lind, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; Matthew Mahler, General Manager and Dennis Clark, General Manager. The Board approved to adopt: the agenda; the minutes of the regular meeting of January 18, 2017; the Monthly Revenue and Expense Summary; the General Fund Balance and Investments; a resolution to cause $1,383.55 for service line repair to be assessed to the property taxes of 212 Webster Street; a resolution to approve updated overhead percentages; a resolution approving preliminary specifications, bids documents, etc., setting the date of Public Hearing as March 22, 2017 and to instruct the General Manager to publish notice of plans, specifications, taking of bids and notice of public hearing for the 2017 Street Reconstruction Program -Division II Water Main Replacement Project; a resolution to approve agreement with the City of Waterloo regarding the 2017 Street Reconstruction Program -Division II Water Main Replacement; a resolution approving preliminary specifications, bid documents, etc., setting the date of public Hearing as March 22, 2017 and to instruct the General Manager to publish notice of plans, specifications, taking of bids and notice of public hearing for the 2017 Asphalt Overlay Preparations Program; a resolution to approve completion of project and to accept public water main infrastructure to serve the Landmark Meadows Development; a resolution to approve a water main extension to serve the Audubon Heights 6th Addition; a resolution to approve a supplemental agreement with Synder and Associates for engineering services related to water main improvements associated with the US Highway 63 Reconstruction from Franklin Street to Newell Street; a resolution authorizing the demolition of the Well Field Storage Building; and to set the date of next regular Board meeting as Wednesday, March 22, 2017 at 8:00 a.m. Payment of the following bills: ABM Janitorial Advanced Systems Airgas USA All Star Plumbing & Heating Allen Glass Aramark Uniform Aspro AWWA BerganKDV Bergen Plumbing, Heating & Cooling Black Hawk County Auditor Black Hawk County Treasurer, MIS Black Hawk Waste Disposal BMC Aggregates Campbell Supply Cedar Valley Sportsplex Cedar Valley United Way CenturyLink Charles Schwab Institutional City of Raymond City of Waterloo City of Waterloo CliftonLarsonAllen LLP Cogsdale Corp. Community Bank & Trust Courier Communications Crescent Electric Supply D & J Oil E. H. Wachs Services Services Supplies Repairs Services Services Supplies Dues & Manual Consulting Services Repairs Water & Sewer Bond Services Services Supplies Supplies Payroll Deduction Payroll Deduction Services Pension Sewer, Garbage & Yard Waste Sewer & Garbage Deposits Sewer, Garbage & Storm Water Services CIS Project Services Legal Ads Supplies Supplies Supplies 1,041.50 128.69 790.95 1,815.30 315.00 237.58 907.20 254.50 397.00 5,109.00 35,079.66 6,900.31 104.00 211.26 253.02 289.85 97.50 208.91 46,433.38 18,213.12 3,517.67 1,174,175.85 2,000.00 7,664.69 352.39 101.05 42.46 320.72 33.12 Iowa State University IPERS !WI Motor Parts Johnstone Supply Justifacts Credential Verification K & R Consulting Group Kerns, Steve Kwik Trip Larson, Travis McDonald Supply Menards Methodist Occupational Health & Wellness Municipal Supply NAPA Auto Parts Office of Auditor of State OMJC Properties Outdoor & More P & K Midwest Payroll Postmaster PPG Architectural Finishes Professional Office Services Public Employees Credit Union R Company Radio Communications Refunds Rochester Armored Car Sandee's Ltd. Schimberg Co. Schumacher Elevator Sensus Metering Systems State of Iowa Treasurer Storey Kenworthy Teamsters Local Union #238 Torney's Electric Motor Service Total Backflow Resources Treasurer, State of Iowa U.S. Cellular United Parcel Service UnityPoint Clinic -Occupational Medicine US Dept. of Treasurer Utility Equipment Van Wert Inc. Voya Financial Waterloo Water Works Wellmark Blue Cross Blue Shield Wilberding, Rick Workshop Pension Supplies Supplies Services Consulting Services Reimbursement Fuel Reimbursement Supplies Supplies Health Exam Supplies Supplies Audit Filing Fee Easement Services Supplies Postage Supplies Services Payroll Deduction Repairs Services Services Supplies Supplies Services Supplies Sales Tax Supplies Payroll Deduction Services Recertification State Tax Services Services Dues Federal Tax Supplies Services Payroll Deduction Reimbursement Insurance Reimbursement 115.00 12,719.08 25.49 4.67 45.75 2,800.35 50.00 2,690.12 50.00 849.92 192.32 215.00 516.57 7.38 625.00 600.00 140.44 80.34 109,863.40 1,834.00 18.06 9,507.23 9,455.00 910.00 126.00 2,185.94 469.52 12.80 929.36 508.32 14,139.60 64,596.61 1,240.70 1,075.00 112.00 540.00 7,996.00 41.91 20.97 50.00 52,006.42 655.40 5,602.80 8,104.00 12,445.00 54,198.40 175.19 WATERLOO WATER WORKS ATTEST: $1,691,186.19 Secretary CITY OF WATERLOO Council Communication Waterloo Leisure Services Board Minutes of 12/13/2016. City Council Meeting: 3/6/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 2/21/2017 - 10:09 AM Clerk Office Higby, Nancy Approved 3/1/2017 - 2:09 PM ATTACHMENTS: Description Type D 12/13/16 Minutes Backup Material SUBJECT: Waterloo Leisure Services Board Minutes of 12/13/2016. Submitted by: Submitted By: Page 183 of 185 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, December 13, 2016 Warren Memorial Pro Shop 1000 Fletcher Chairman Julie Koch-Hoth called the meeting to order at 7:30am. Present: Julie Koch-Hoth, Megan Hannam, Marvin Spencer, Sharon Samec, Nancy Bamsey. Staff: Paul Huting, Bill Bachman, Todd Derifield, Chris Dolan, JB Bolger, Travis Nichols, Mark Gallagher. Absent: Don Huff, Brenton Shavers, Jerome Amos, Steve Schmitt Koch-Hoth called for approval of the agenda. Motion to approve agenda by Sharon Samec, second by Nancy Bamsey. Ayes: All. Nays: None Koch-Hoth called for approval of the 11/8/16 meeting minutes. Motion by Sharon Samec, second by Marvin Spencer to approve the minutes. Ayes: All. Nays: None Koch-Hoth called for approval of the bills. Questions were answered. Motion by Nancy Bamsey, second by Sharon Samec to approve the bills. Ayes: All. Nay: None Standing Committee Reports None STAFF UPDATES Young Arena — Chris Dolan Negotiations continue on the Black Hawks contract. Battle of Waterloo wrestling tournament will be held this weekend, 32 teams from around the state. Sports and SportsPlex — Mark Gallagher Winter sports are up and running. There is a new person in charge of scheduling at the Waterloo Schools. Will be meeting with the schools to discuss shared use of school facilities. The East High girls basketball game held at the SportsPlex went well. The strength room has been named "Powerhouse Studio" and is almost completed. This room will mean another much needed space for classes. Facilities — Travis Nichols Crew is working on flood clean up, running the winter garbage route, working on the Chemical Storage building, and miscellaneous jobs at the SportsPlex. Golf and Downtown Area — JB Bolger Working on snow removal, preparing for the next round of snowfall. Grooming for cross country skiing was completed at Warren Golf course, and will be grooming Gates and South Hills as time allows. 2017 golf season tickets are on sale at the 1101 Campbell office and will be delivered to the pro shops this week. Bill Bachman reminded members that 67% of golf revenue comes from paid rounds. There were eleven paid rounds for play in December. Page 184 of 185 Forestry — Todd Derifield We continue with ash tree removals, 2,800 left to remove. Crew will begin removing 93 ash trees at Warren Memorial golf course. The trail access at Castle Bluff Park has been improved; a timber wall has been replaced. The stump removal contract is complete and the tree removal contract is almost done. Bill Bachman Staff is working on FYE2018 budget, which is due before Christmas. Meetings are being held tonight to discuss Capital Improvement requests that were submitted. The next regular Leisure Services Commission Meeting will be held Tuesday, January 10, 2017. Motion by Marvin Spencer to adjourn, second by Megan Hannam. Meeting adjourned at 8:30am. Nancy Bamsey, Secretary Signed this Date Page 185 of 185