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HomeMy WebLinkAboutCouncil Packet - 10/24/2011.\19"° Oce C$ 1'5 1 C. `°f t7� THE CITY COUNCIL OF THE CITY OF WATERLOO, C111 -7 - IOWA, REGULAR SESSION TO BE HELD AT THE 5651 (100 CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, OCTOBER 24, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. 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. 2. 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. 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. You may speak one (1) time per item for a maximum of three (3) minutes. 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 5:00 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. Roll Call. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. October 24, 2011 Page 2 Agenda, as proposed or amended. Minutes of October 17, 2011, Regular Session, as proposed. Presentation of Mike McNamee for 30 years of service. Proclamation declaring November 6-12, 2011 as Radiologic Technology Week, 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Officer Gergen & Officer Erie Physical Conflict Resolution . Sioux City, Iowa December 4-9, 2011 $376.00 10 Law Enforcement Officers LEIN Conference Johnston, Iowa October 2-5, 2011 $3, 782.88 Nancy Gulick, Community Development Coordinator; Danielle Rohret, Project Specialist New Grantee Training for Lead Grant Annapolis, Maryland November 13-17, 2011 $3,800.00 Officer Pohl ICAC Shift Mental Health Wellness Training Lincoln, Nebraska November 3-4, 2011 $308.00 5. Recommendation of appointment of Steven Sturtz to the position of Permit Writer, effective October 31, 2011. Submitted by Craig Clark, Building Official/Maintenance Administrator October 24, 2011 Page 3 6. Recommendation of appointment of Tina Schellhom to the position of Electrical Foreman, effective October 25, 2011. Submitted by Sandie Greco, Traffic Operations Superintendent 7. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Louise E. Porter Airport Commission June 30, 2015 New Appointment Annette Henninger Human Rights Commission January 1, 2013 New Appointment Class B Beer License Permit Application 8. LaMichuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/1/12) (Includes Sunday Sales) Class C Beer License Permit Application 9. New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/ 10/ 12) (Includes Sunday Sales) Class C Liquor License Permit Application 10. Espresso Cafe Oasis, 307 W. 5th Street (Renewal) (Expires 9/15/12) (Includes Sunday Sales) 11. WESCO, 317 W. 3rd Street (Temporary Transfer) (10/28-30/2011) (Includes Sunday Sales) 12. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (Renewal) (Expires 11/5/12) (Includes Sunday Sales) Class E Liquor License Permit Application 13. New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/ 10/ 12) (Includes Sunday Sales) Class 13 Wine License Permit Application 14. New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/12) (Includes Sunday Sales) Outdoor Service Area Application 15. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue 16. Karma Bar, 309 W. 4th Street Vehicle For Hire Business License Application 17. The Loop Taxi & Transportation LLC, 121 Webster Street October 24, 2011 Page 4 PUBLIC HEARINGS 2. Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for the Former Grand Hotel Motion to postpone the hearing and bid opening until November 7, 2011; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Westfield Lofts Condominium Association on the vacation, sale and conveyance of a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street for $1.00 to Westfield Lofts Condo Association Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted byAric Schroeder, City Planner RESOLUTIONS 4. Resolution approving award of bid to Compressed Air & Equipment of La 0 Porte City, Iowa in the amount of $33,246.00 for the Purchase of One (1) 4 Sullair 425 Air Compressor. Submitted by JB Bolder, Golf & Downtown Area Maintenance Manager Resolution approving the installation of a speed hump at 1917 Maynard Avenue. Submitted by Sandie Greco, Traffic Operations Superintendent 6. Resolution approving Third Amendment to contract with Clark, Butler, Walsh & Hamann dated November 1, 2009 for legal services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document. Au Submitted byAric Schroeder, City Planner October 24, 2011 Page 5 7. Resolution approving Third Amendment to contract with Title Services Corporation dated November 1, 2009 for abstracting services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the 1 v term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 8. Resolution approving Bonds and Certificates of Insurance with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in je'6 conjunction with Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Aric Schroeder, City Planner 9. Resolution approving First Amendment to Development Agreement with Robert F. Huff and Kaye M. Huff for tax rebates for improvements at 3328 Wagner Road; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director Resolution approving Professional Agreement with AECOM in an amount not to exceed $39,500.00 for construction related work related to the East and West Fifth Street Parking Ramp repairs; and authorize Mayor to execute said documents. Submitted by Craig Clark, Building Oficial/Maintenance Administrator 11. Resolution approving award of Two -Year Contract with Matt Parrott/Storey Kenworthy Company for General Office Supplies, Printer i29/ Cartridge/Toner Supplies & Paper Supplies; and authorize Mayor and City Clerk to execute said documents. Submitted by Suzy Schares, City Clerk 12. Resolution approving cancellation of Monday, November 28, 2011 and Monday, December 26, 2011 City Council meetings due to the Holidays; and authorize City Clerk to publish notice of cancellations. Submitted by Suzy Schares, City Clerk 13. Resolution approving Assignment and Assumption of the current Development Agreement from Lee Enterprises, Incorporated to FDP OC, L.L.C., for property generally located at 501-503 Commercial Street; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director October 24, 2011 Page 6 OTHER COUNCIL BUSINESS 14. Motion approving Change Order No. 1 for a net increase of $390.00 for work performed by Prairie Construction Co. Inc. of Waterloo, Iowa in conjunction with 2011 Public Market Window Replacement and New Vestibu les. Submitted by Rick Curran, Leisure Services Facilities Manager 15. Motion approving Change Order No. 4 for a net increase of $174,980.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer 16. Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. L, Resolution preliminarily approving Request for Proposals, plans, vIcti �(1 specifications, form of contract, etc. jiki Resolution setting date ofhearing and bid opening as November 7, 2011 and instructing City Clerk to publish said notice Submitted by Aric Schroeder, City Planner ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, October 24, 2011 4:45 p. m. - Boards and Commissions Committee, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p. m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers October 24, 2011 Page 7 PUBLIC INFORMATION 1. Civil Service Commission meeting minutes of August 26, 2011 on file in the City Clerk's office. 2. Certified List for the position of Electrical Foreman, as certified by the Civil Service Commission on October 17, 2011. 3. Certified List for the position of Park Maintenance H -Forestry, as certified by the Civil Service Commission on October 17, 2011. 4. Certified List for the position of Permit Writer, as certified by the Civil Service Commission on October 17, 2011. 5. Community Development Board meeting minutes of September 20, 2011 on file in the City Clerk's office. 6. Agreements for the sharing of Library Director Services and Technical Systems Administrator with the City of Cedar Falls. CONTRACT PAYMENT SCHEDULE 1. Ansborough Avenue Interchange with U.S. Highwau 20, Contract No. 667 Pay estimate Nos. 6 to AECOM in the total amount due of $1, 366.48 2. Ansborough Avenue Interchange with U.S. Highwau 20, Contract No. 667 Payment to AECOM in the total amount due of $1, 041.42 3. US 63 Westfield Ave. Connection, Contract No. 730 Pay estimate No. 10 to Peterson Contractors in the total amount due of $24, 087.82 4. F.Y. 2010 Street Reconstruction, Contract No. 772 Pay estimate No. 28 to Aspro in the total amount due of $101,935.13 5. F.Y. 2010 Sidewalk & Trail Repair Program - Zone 10, Contract No. 779 Pay estimate No. 8 to B & B Builders in the total amount due of $7,401.52 6. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Payment to AECOM in the total amount due of $5, 902.92 7. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 12 to Aspro in the total amount due of $279,007.85 8. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 11 to Peterson Contractors Inc. in the total amount due of $79,647.28 October 24, 2011 Page e 9. F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811 Pay estimate No. 3 to B & B Builders & Supply in the total amount due of $34,350.41 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, OCTOBER 24, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. 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. 2. 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. 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. You may speak one (1) time per item fora maximum of three (3) minutes. 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 5:00 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. Roll Call. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. October 24, 2011 Page 4 PUBLIC HEARINGS 2. Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for the Former Grand Hotel Motion to postpone the hearing and bid opening until November 7, 2011; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Westfield Lofts Condominium Association on the vacation, sale and conveyance of a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street for *1.00 to Westfield Lofts Condo Association Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted byAric Schroeder, City Planner RESOLUTIONS 4. Resolution approving award of bid to Compressed Air & Equipment of La Porte City, Iowa in the amount of $33,246. 00 for the Purchase of One (1) Sullair 425 Air Compressor. Submitted by 18 Bo/der, Go/f& Downtown Area Maintenance Manager 5. Resolution approving the installation of a speed hump at 1917 Maynard Avenue. Submitted by Sandie Greco, Trac Operations Superintendent 6 Resolution approving Third Amendment to contract with Clark, Butter, Walsh & Hamann dated November 1, 2009 for legal services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document. Submitted byAric Schroeder, City Planner October 24, 2011 Page 5 7. Resolution approving Third Amendment to contract with Title Services Corporation dated November 1, 2009 for abstracting services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document. Submitted byAric Schroeder, City Planner 8. Resolution approving Bonds and Certificates of Insurance with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said documents. Submitted byAric Schroeder, City Planner 9. Resolution approving First Amendment to Development Agreement with Robert F. Huff and Kaye M. Huff for tax rebates for improvements at 3328 Wagner Road; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 10. Resolution approving Professional Agreement with AECOM in an amount not to exceed $39,500.00 for construction related work related to the East and West Fifth Street Parking Ramp repairs; and authorize Mayor to execute said documents. Submitted by Craig Clark, Building Official/Maintenance Administrator 11. Resolution approving award of Two -Year Contract with Matt Parrott/Storey Kenworthy Company for General Office Supplies, Printer Cartridge/Toner Supplies & Paper Supplies; and authorize Mayor and City Clerk to execute said documents. Submitted by Suzy Schares, City Clerk 12. Resolution approving cancellation of Monday, November 28, 2011 and Monday, December 26, 2011 City Council meetings due to the Holidays; and authorize City Clerk to publish notice of cancellations. Submitted by Suzy Schares, City Clerk 13. Resolution approving Assignment and Assumption of the current Development Agreement from Lee Enterprises, Incorporated to FDP OC, L.L.C., for property generally located at 501-503 Commercial Street; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director October 24, 2011 Page 6 OTHER COUNCIL BUSINESS 14. Motion approving Change Order No. 1 for a net increase of $390.00 for work performed by Prairie Construction Co. Inc. of Waterloo, Iowa in conjunction with 2011 Public Market Window Replacement and New Vestibules. Submitted by Rick Curran, Leisure Services Facilities Manager 15. Motion approving Change Order No. 4 for a net increase of $174,980.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734. Submitted by Jamie Knutson, P.E., Associate Engineer 16. Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as November 7, 2011 and instructing City Clerk to publish said notice Submitted byAric Schroeder, City Planner ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, October 24, 2011 4:45 p. m. - Boards and Commissions Committee, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers October 24, 2011 Page 7 PUBLIC INFORMATION 1. Civil Service Commission meeting minutes of August 26, 2011 on file in the City Clerk's office. 2. Certified List for the position of Electrical Foreman, as certified by the Civil Service Commission on October 17, 2011. 3. Certified List for the position of Park Maintenance II -Forestry, as certified by the Civil Service Commission on October 17, 2011. 4. Certified List for the position of Permit Writer, as certified by the Civil Service Commission on October 17, 2011. 5. Community Development Board meeting minutes of September 20, 2011 on file in the City Clerk's office. 6. Agreements for the sharing of Library Director Services and Technical Systems Administrator with the City of Cedar Falls. CONTRACT PAYMENT SCHEDULE 1. Ansborough Avenue Interchange with U.S. Highwaq 20, Contract No. 667 Pay estimate Nos. 6 to AECOM in the total amount due of $1, 366.48 2. Ansborough Avenue Interchange with U.S. Highwaq 20, Contract No. 667 Payment to AECOM in the total amount due of $1, 041.42 US 63 Westfield Ave. Connection, Contract No. 730 Pay estimate No. 10 to Peterson Contractors in the total amount due of $24,087.82 4. F.Y. 2010 Street Reconstruction, Contract No. 772 Pay estimate No. 28 to Aspro in the total amount due of $101,935.13 5. F.Y. 2010 Sidewalk & Trail Repair Program - Zone 10, Contract No. 779 Pay estimate No. 8 to B & B Builders in the total amount due of $7,401.52 6. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Payment to AECOM in the total amount due of $5, 902.92 7. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 12 to Aspro in the total amount due of $279,007.85 F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 11 to Peterson Contractors Inc. in the total amount due of $79,647.28 October 24, 2011 Page 8 9. F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811 Pay estimate No. 3 to B & B Builders & Supply in the total amount due of $34,350.41 October 17, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, October 17, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment Pledge 137498 of Silence. of Allegiance: Mark Rice, Public Works Director. - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 17, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137499 - Hart/Schmitt 137500 - that the Minutes, 2011, at 5:30 p.m carried. Mayor Clark read Week. Mayor Clark read Counts Week. CONSENT AGENDA Hart/Schmitt as proposed, ., be accepted a Proclamation for the Regular Session on Monday, October 10, and approved. Voice vote -Ayes: Seven. Motion declaring October 22 - 30, 2011 as Red Ribbon a Proclamation declaring October 16 - 22, 2011 as Character that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-82, dated October 17, 2011, in the amount of $2,483,145.64, 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. 2011-998. 2. Request of Five Star Snow Trails Association to approve an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way. Resolution adopted and upon approval by Mayor assigned No. 2011-999. 3. Request of David Plum for a concrete driveway to be located at 527 Belle Street, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-1000. 4. Request of Jake Sego for a concrete driveway to be located at Parcel No. 8313-21-283-011 generally located on a lot South of 402 Galloway Court, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-1001. b. Motion to approve the following: 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Gergen Defensive Tactics Instructor Recertification Johnston, Iowa November 29, 2011 $160.00 Officer Pohl ICAC Advanced Windows Forensics Ankeny, Iowa October 25-28, 2011 $655.00 'boor-TTOZ •obi paubTsse zoAew Aq Tenozdde uodn pup pagdope uoT;nrosag -Lianas :saAy-a;on upo TTog •pa;dope aq '„zogoasTQ saOTAJaS aznsTa'T 'buTgnH Tiled Aq paggTmgns-sero?Tod pup sea; asnoH Taos sanTH zepa0 o; suoTgeOT;Tpou buTnosdde uoT;nrosag„ ;egg o; Jogai pue ZTOZ sp?q JadTaM/azeH - SNOII3IOSTd •paTJzeo uoTgow •uanaS :saAy-agon aDToA 00'£68'b£$ :ieuoTgdp 00'0Z9'i£$ 00ZL-60005 PMO' 'eu00;Ty MN 23 seTbaTZ DOST smagsAS JaMod aeTbaTZ 00'S£6'Z$ ieuoT;d0 00'TT£'0£$ bTOT-TS90S eMoI 'AVMagzode2 NBTZ AeMgbTH LOL •oui 'guamdTnba g 2Ty passasdmo0 00'00Z'S£$ ZOLQS eMoI 'ooTsageM ;aazgS u;ST 'M 6Z£ TeguaH 5[MEH NoeTH Sunourd pTg aePPTH •MaTnaz Jog sogo92T3 saoTnza5 aznsTaq peat pup uado o; v,saTQ AgTO SonsgsuT pup aTT; 'aATaoaa og zadTaM/t TuxgoS paubTsse soAew Aq Tenozdde uodn pup pa;dope uoTgnTosag '£00T-ITOZ 'oN 'Lianas :saAy-aSon TTeo TTog •pagdope eq '„zossazdmo0 2Ty SZb z?eTTnS ;o asegoznd ggTM uoTgounCuoo uT paaoosd og buTzTJoq;ne uoTSnTosaH, geq; 909L£T - SOSL£T JadTeM/; TugoS - 40SL£T 'ZOOT-TiOZ 'oH paub?sse zoApw Aq Tenozdde uodn pup paSdope uoTgnrosag •uanaS :saAy-agon Trap TTog •pa;dope aq '„Josseadmo0 sry SZ4 aTeTTnS ZTOZ ;o asegoznd gSTM uoTgounCuoo uT .ode 'guamnoop pTq 'suoTSecT;roads ;o Tenozdde buTurT;uoo uorgnTosag, ;pug uag;TiM so; •paTJJeo uoTgow •uanas :saAy-aSon Paiieo zoAew eqg zadTaM/SS?ugos eoTot •pesoTo buTzeaq aug ;egg zadTaM/gg?uIgoS •auou azaM azagg pup suoT;oaCgo Tax() pup 'bu?zeaq oTTgnd ;o aoeTd pup au?d eq; bu?aq 5Tgy aq •peT25eo uoTgow •uanas :saAy-aSon aoTOA •97T; uo pope -Ed pup panTeoei eq 'TTOZ '9 zagodo0 uo zaTzno3 oorsagel4 egg uT pegs?Tgnd se 'zossasdmo0 aTy SZ4 ITeTTnS ZTOZ ;o esegoznd uo buTzeeq o?Tgnd ;o aoTSou ;o uorgeorTgnd ;o ;oozd ;pug (ZT/bi/6 SaJTdxg) (TeMauaa) •peTsseo uoTgow 'Lianas - EOGLET - ZOSL£T zadTaM/gg?mgoS - TOSL£i SONRiy2H OI`IHCld :saAy-940A TTeo TTog spuog (sores Aepuns sapnToul) gaasgS TgaTE 405 'II ebunor pTJoM MeM uoT;5DTTddy ;?msad esueoT'T JonbT'I 0 ss5TO 'S '6 Suepue;uTsadns suo?;ezadO oT33ezy 'ooaap GTPMeS Aq 10944Tmgn5-TTOZ 'bZ Jago;00 GAT;oe;;e 'upra?Jgoeia ecueue uTew ;o uo?;Tsod au; o; uemzepTj ueq;eN ;o Suamgu?odde ;o uoTgepueunuooag •g Z abed 'HOZ 'LT sagogo0 October 17, 2011 137507 - Hart/Welper Page 3 that "Resolution approving request by MDKJ Investments, LLC for an Encroachment Agreement to allow for frost footings for a proposed building at 186 West 15th Street to encroach 2 feet into the platted public alley adjacent to Lot 10 in Block 10 of Hayes' Addition; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1005. 137508 - Hart/Welper that "Resolution approv amount not to exceed $49 Creek Floodplain Study; by Jamie Knutson, P.E., Seven. ing Professional Services Agreement with AECOM in an ,000.00 for hydraulic study related services for Dry Run and authorize Mayor to execute said document -Submitted Associate Engineer", be adopted. Roll call vote -Ayes: Resolution adopted and upon approval by Mayor 137509 - Getty/Cole assigned No. 2011-1006. that "Resolution approving Letter of Support for the Black Hawk County Management Authority proposal; and authorize Mayor to execute said Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. 'vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1007. 137510 - Getty/Cole Watershed document - Roll call that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, permanent easements and temporary easements in conjunction with the West Shaulis Road/Ansborough Avenue reconstruction project from Darron P. and Dottie L. Cutler in the amount of $33,795.75; and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1008. 137511 - Cole/Hart that "Resolution approving recommendation of award of contract in the amount of $49,460.00 to Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1009. 137512 - Cole/Hart that "Resolution approving the preparation and execution of a Quit Clam Deed to Lee Publications, Inc. dba Waterloo -Cedar Falls Courier for a small 5 foot strip of land generally located within the 500 block of Commercial Street; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1010. ORDINANCES 137513 - Welper/Hart that "an Ordinance adopting the City of Waterloo Zoning Ordinance, which updates and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on February 3, 1969 in conjunction with Adoption of the City of Waterloo Zoning Ordinance, which updates and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on February 3, 1969 and includes text and an official zoning map", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. 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The CVB has given the Grout more than twice as much as any other organization. With the revised procedures, there is not maximum limit to request. Mr. Greenwood asked Mr. Buck if the $30,000 request that is tabled if that is coming out of the 20% for recreation, culture and entertainment portion of the budget. Michelle Weidner, Chief Financial Officer, reported that is being recommended to take that out of the tax grant reserves that the City has. The budget is set well in advance of receiving the money so the City has been conservative with that reserve. After discussion it was thought that it would be appropriate to give a one time special grant award. It is still part of the tax grant program, which the ordinance requires the CVB to make recommendation to the Council. Billie Bailey, Grout Museum Executive Director, reported this would not be an entitlement and the Grout would be accountable and would make the budget and audit available to the City's Chief Financial Officer. The Grout would follow the same rules and regulations as other organizations and many of the other organizations generate more room night. Mr. Welper mentioned that the concern of the Council is not the accountability; it is the precedence that would be set. Billie Bailey, said the Grout it tied contractually as a Vision Iowa Contract partner. This sets the Grout apart and the Grout is asking to be supported similar to how they were supported in the 1980's. Dennis Law, General Manager Ramada Inn, the Grout is a great museum but they do not bring in the amount of rooms necessary to pay for their request. Ryan Malecek, 450 Kingbard Boulevard, Grout Museum Board Member, spoke is support of the request and asked the Council to invest in the community. Ike Leighty, Grout Museum Board of Director, spoke is support of the request and stated the Grout is in trouble and needs the assistance of the City. Judy Burfeind, Grout Museum Board of Director, spoke is support of the request and asked Council to think of the historical value that the Grout has and provides by keeping the City's history. The endowment is limited. Christa Miehe, 142 Hampshire Road, Convention & Visitors Director, spoke in opposition of the request. The Grout is a partner but should not be guaranteed an amount of the funding. has been revised and requests will be funded if the funds are request meets the tourism goals set by the Board. Bureau Board of wonderful tourism The grant process available and the Cyd McHone, Grout Museum District Director of Development & Marketing, spoke in support of the request. Only four entities are eligible for the 35% of the tax fund. Split four ways the Grout will not be able to receive the amount necessary. Cass Harrison, Jr, 191 Pershing Road, spoke is support of the request and stated that the Grout Museum provides a quality of life component to the community. Mr. Schmitt appreciates the Grouts willingness to show accountability and encourages Council to add requirement if the request is approved. Mr. Greenwood clarified that if the Grout were to receive the 5% request, that would equal 4.5% of their operating budget. 137520 - Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (47a) Golden Valley Drive to Section 553, No Parking Here to Corner in conjunction with Ordinance Change -No Parking Here To Corner on the South Side of the 1600 Block of Golden Valley Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three. (Getty, Jones, Greenwood). 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A4TTTq?sin e ST eaaq; pa;sodas ';uapua;uTzadns oT3;ezy 'ooeas erpueg 'MOUS JO SOT o; anp uaaq aneq pTnoo pue Azenuef uT azaH s;uapTooe aq; ;o "flog •uoT;oasaa;uT ;eq; ;e uaaq aneq OM; ATuo pue peon ;eq; uo szeaA 6T uT s;uepTooe uanaTe uaaq ATuo aneq azag4 pup speeds aseazouT pTnoM buTNJed aq; A9Me buTNe; ;eq; pa;zodaz aH •urn; 04 uMop MOTs o; szeo seaTnbaa 1au100 9144 U0 BUTNJed geg4 seAeTTaq aH •asnoq sT4 ;o 4uoag uT PT -SATs❑ AaTTeA uepTop 3o NooTq 0091 aqy •aoueuTpzo ago ;o uoT;Tsoddo uT axods 'peoH zaTzquaeas ST£ 'buTTned TeegoTH 9 abed TTOZ 'LT Jago;o0 CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: 0 October 17, 2011 October 7, 2011 (.1 SUBJECT: Present plaque to 30 -year employee Mike McNamee Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: September 2, 201.1 Dept. Head Signature: # of Attachments: 1 SUBJECT: RADIOLOGIC TECHNOLOGY WEEK Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: ploy Iiodag ob9dy s,6Ep 1 ZZ'8 L 6'865'Z -in • W A — W N A m- -4 Th 11 m J 1 W W W A N N UI A U1 N 10 S W W W W W ❑ 10 40 -. N - ❑ "- ...1 ❑ m ❑ ' w - A ❑ -t w `w o, 0 0 cow o d � tqco c 0 r 0 ❑ 0 W 0 m N N i Li y,' .i 0 i U f'. 11'� i, t0+ 7131 I NU c y• 3.4In Li ❑ 11 !!iii `=1 0 I G1 11 0 S M. n: OI 1 <) ni is nI N UI 40e m In IS 33 Z. Ix 3-3 0 4i; 10111 Il,x43101 tri IC ) 003)0 iN Or -1 t (, 0CI j IM' c) nit.. Sin V (0 13 L)-1 I: < X• 6) m n VI 7 1;RV Th' 0 31 3IIlii--i 3 m 0 {. 1 J] 10 c. 11 b 0 0 y 3 Iro0 n . 3 0 0, -1 0: 0 (2 (0 2i it r. 3 -0 0a 0 3 n -i .1.31 IU, 0 a c ,41n 10 v in 11 U 11 1I41 0 l C1 111 C1 '1 I] y TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE STAFF ONLY 010-11-1100-1346 6000.00 //oLgo.c '_ NAME(S) AND POSITION(S): Officer Chris Gergen & Officer Greg Erie DATE: Original - Clerk/Finance /C py - Department / October 7, 2011 NAME OF CLASS / MEETING: Physical Conflict Resolution DESTINATION: National training Center Sioux City, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: December 4, 2011 Return Date: December 9, 2011 DATE(S) OF MEETING: December 5-9,2011 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Officer Gergen and Officer Erie to the Physical Conflict Resolution course at the National Training Center on Dec 5-9, 2010, in Sioux City, Iowa. Both Officer Erie and Officer Gergen are lead defensive tactics instructors for the police department. This training will teach how to arrest and control subject with the least amount of physical contact necessary. It will also cover weapon retention for handgun and long guns, knife defenses and ground tactics. These Officers will then bring their knowledge and expertise to the WPD to teach the other officers these techniques. The cost of registration, lodging and some meals are paid through the National Training Center. The only cost would be evening meals for both officers and fuel to travel to the training center. A city vehicle will also be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 0.00 LODGING $276.00 MEALS $0.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 376.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: YES YES x GRANT REIMBURSABLE NO x REQUIRED CERTIFICATION NO TOTAL: $ 188.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO /.e'e41.4 I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE 16- Ce -27-e-,)0 16 006 « DATE TRAVEL REQUEST CITY OF WATERLOO AfiMyklatii - /40D 670 D> icy/ - FINANCE DEPT. STAFF ONLY LINE ITEM USED G'/6' / / //-D /34f, FY % BUDGETED 3o601- 00 EXPENDED YTD jU"-/ei 7 THIS REQUEST 37g:.2 LEFT AFTER THIS REQUEST / rhO & 3g DATE _7,'e ; /v T 1u 1 / Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Lou Staudt-Shellrock, Dave McDonald -Bremer, Richard Hollenbach-Cresco, T. Prochaska -Mason City, Rod Stoner -Hardin, Dan Cummings -Clarksville, Brian Jensen - Clarion, Larry Richtsmeier-Franklin, Mike Neimeyer-Osage Police Dept., Robert Sankey -Britt Police DATE: September 5, 2011 NAME OF CLASS / MEETING: LEIN Conference (Law Enforcement Intelligence Network) DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: October 2, 2011 RETURN DATE: October 5, 2011 DATE(S) OF MEETING: October 3-5, 2011 PURPOSE OF TRAVEL: To attend the 2011 LEIN Conference held in Johnston, Iowa. Topics included in the training: White Supremacist Groups in the Midwest, Anti -Government Extremism, Organized Commercial Crimes, Shooting in the Heartland. The conference has been approved by Iowa Homeland Security and will be funded with the LETPP Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $2132.88 LODGING $ MEALS $1650.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 3782.88 TAXI PARKING AIRFARE MISC/TOLLS 010 11 1150 LEIN BUDGET LINE ITEM: 11 GRT LEN6 X GRANT REIMBURSABLE YES NO YES NO TOTAL: $ PER PERSON REQUIRED CERTIFICATION I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO /A-1 DEPARTMENT HEAD MAYOR 16[P19bil I APPROVE THIS TRAVEL REQUEST LD - Z t( DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED �: z( 3:2 5 X53 /3` o v FY :: (14BUDGETED (AGI Q O. 0 6 l /t7Jb (v5),"7lam Mei" &c)(,1,00 EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST J��%7• �,i� DATE Original - Clerk/Finance 43-.a-.)( Copy - Department NAME(S) AND POSITION(S): Nancy Gulick, Community Development Coordinator Danielle Rohret, Project Specialist DATE: 10/11/2011 NAME OF CLASS / MEETING: New Grantee Training for Lead Grant DESTINATION: Annapolis, MD DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: November 13, 2011 RETURN DATE: November 17, 2011 DATE(S) OF MEETING: November 14-17, 2011 PURPOSE OF TRAVEL: Mandatory orientation for new Lead Grant award WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE X AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo -Expedia on 10/10/2011 $470 ESTIMATE OF COST: 1,200 LODGING 550 MEALS 300 TAXI 50 PARKING REGISTRATION 1,600 AIRFARE MILEAGE/FUEL 100 (bags) MISC/TOLLS TOTAL FOR ALL: $ 3,800 BUDGET LINE ITEM: 224-32-5853-1346 X YES YES NO X GRANT REIMBURSABLE BGLED TRVL REQUIRED CERTIFICATION NO Mandatory for Lead Grant TOTAL: $ 1,900 PER PERSON I BELIEVE THIS TRIP SERX7ES°PUBLIC P RPOSE AND IS NE"�ESS t RY ' '6 BENEFICIAL T THS CITY(eF WATERL NOEL ANDERSON, CPD DIRECTOR " DEPARTMENT HEAD October 11, 2011 DATE JANANCY-G\travel\Travel Request Form Annapolis 10-I 1-2011.doc I APPROVE THIS TRAVEL REQUEST MA OR DATE 10(g),(4,(70ti TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY 2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1160- 1346 11PRO ICAC /621)6' U o. r3Ofd `)% 3 757 77/) /0- /3-09.0)/ Copy - Department NAME(S) AND POSITION(S): Officer Jeremy Pohl DATE: October 12, 2011 NAME OF CLASS / MEETING: ICAC Shift Mental Health Wellness Training DESTINATION: Lincoln, Nebraska DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: November 3, 2011 RETURN DATE: November 4,2011 DATE(S) OF MEETING: November 4,2011 PURPOSE OF TRAVEL: Sgt. Rogers is requesting to send Officer Jeremy Pohl to an ICAC Shift Mental Health Wellness training in Lincoln, Nebraska, Nov. 4, 2011. This training is necessary training for Officer Pohl to help him learn the symptoms and effects he will be exposed to as a Forensic Computer Examiner. This course will teach him how to deal with the images he will be exposed to while examining these computers. Iowa ICAC will reimburse the city of Waterloo for all listed expenses except fuel. A city vehicle will be required to drive top the training location. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $125.00 LODGING 83.00 MEALS $0.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 308.00 TAXI PARKING AIRFARE MISC/TOLLS 010-11-1160-1346 BUDGET LINE ITEM: 11PRO ICAC XX xx GRANT REIMBURSABLE YES NO xx REQUIRED CERTIFICATION YES NO TOTAL: $ 308.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO "L' DEPARTMENT HEAD MA R `6[944(Atl I APPROVE THIS TRAVEL REQUEST - I —<< DATE DATE CITY OF WATERLOO Council Communication City Council Meeting: October 24,2011 Prepared: October 19, 2011 Dept. Head Signature: CC„ # of Attachments: SUBJECT: Building Inspections Permit Writer Submitted by: Craig Clark Building Official/Maint. Admin Recommended City Council Action: Approval of Steven Sturtz to position of Permit Writer. Summary Statement: Recommending that Steven Sturtz be approved to fill the position with starting date of October 31, 2011. Expenditure Required $19.38 4o hours per week Source of Funds 010-22-510o-1111 Building Inspections General Fund Policy Issue Alternative Background Information: After taking applications and interviewing candidates, Steven was chosen for the position. CITY OF WATERLOO Council Communication City Council Meeting: October 24 2011 Prepared: October 18, 2011 Dept. Head Signature: S.G. # of Attachments: SUBJECT: Submitted by: Appointment of Tina Schellhorn to the position of Electrical Foreman Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve appointment of Tina Schellhorn to the position of Electrical Foreman from the current Civil Service List effective October 25, 2011. Summary Statement This position replaces the vacant Electrical Foreman position due to a retirement. Expenditure Required: Ongoing for salary and benefits. Source of Funds: Position is budgeted in FYE2011 and FYE 2012 operation budgets. Policy Issue Alternative Background Information: The Electrical Foreman retired in April of 2011. This position was a promotion within the department. Tina has been working in this position since April. CITY OF WATERLOO Committee Communication Committee Meeting: October 24, 2011 Prepared: October 19, 2011 Dept. Head Signature: AFJ # of Attachments: SUBJECT: Waterloo Commission on Human Rights Commission member appointment. See below. Submitted by: Abraham Funchess, Jr. Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Approval Appoint Annette Henninger to her first term as Human Rights Commission member effective 11/1/2011, expiring 1/1/2013. She is completing Beth Huffmans' term. Commission Huffman passed away last quarter. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: October 10, 2011 Prepared: October 5, 2011 Dept. Head Signature: Aric Schroeder # of Attachments: z�1 CrUY1 1l t .161401 orkilltha 55g le,44„„„.,_____656f. 2o<< - fo(Lf SUBJECT: Request to set a date of public hearing as October 24, 2011 to authorize the vacate, sale and conveyance of a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street for $1.00 to Westfield Lofts Condominium Association. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to vacate, sell and convey a portion of former Westfield Avenue right-of-way, as described in attached Exhibit "A", otherwise known as Parcel "C" to Westfield Lofts Condominium Association in the amount of $1.00. The City has already vacated and sold a portion of the former right-of-way (Parcel "M") to the condo association in June of this year. At that time, Westfield Lofts submitted documentation that showed the amounts they paid for survey costs as well as other miscellaneous costs that offset the purchase price of both Parcel "C" and "M" to get them both for $1.00. Vacation of the right-of-way would not appear to have a negative impact upon the surrounding area, or pedestrian or traffic conditions in the area. The remaining Parcel "C" has remained as right-of-way, which has served as an entrance point to the portion that the condo association purchased from the City, and the parking lot just to the south of Parcel "C" that is owned by Cedar Valley Techworks. It has been a standard policy by the City that when right-of-way is vacated, that the entire portion be vacated so that small stubs or portions of right-of-way are not remaining, and the right-of-way has a consistent width. This additional area is also not needed for public road purposes since Westfield Avenue has been reconfigured as a part of the Cedar Valley Techworks project. Vacating will ensure that the City will not be responsible for future maintenance of a private drive. In order for access to still remain across Parcel "C" for Cedar Valley Techworks to gain access to their parking lot south of 25 West Commercial Street, an Access Easement will need to be CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer retained as described in attached Exhibit "A". Also, the City would require that a utility easement be retained over, under and upon Parcel "C", as described in attached Exhibit "A", to allow for the future maintenance or installation of public utilities. At the January 4, 2011 Planning, Programming and Zoning Commission meeting, the commission voted unanimously to vacate the right-of-way in question. Staff recommends that if Parcel "C" is vacated and sold by the City Council to the applicant, that it be subject to the conditions that a permanent utility easement is retained for ingress and egress, and easements for access to public and private utilities, and for the benefit of accessing Tract "G" and Lot 4 in Techworks Addition. Please find attached a legal description of the area to be vacated and conveyed, staff report and aerial photograph. Therefore, we would ask that the City Council set a date of public hearing as October 24, 2011, and publish and official notice pertinent to the request to vacate, sell and convey the area described in Exhibit "A". Expenditure Required. None. Source of Funds: N/A Policy Issue: Right -of -Way Alternative: Background Information: Legal Description: See attached Exhibit "A". AS:ta Cc: Aric Schroeder, City Planner Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer WIMI Request to Vacate and Convey a portion of Westfield Avenue right-of-way directly to the west of 25 West Commercial Street R Area already conveyed to Westfield Lofts Parcel "M" Parcel G Area to be vacated and conveyed Parcel "C" KIRK D. ESCHLIMAN, P.L;S., 16. LIC. N0. 9961 -42 ( 819 SYCAMORE STREET, WATERLOO IA. 50703-4729 PHONE: 319-234-0509 FAX: 319-236-3597 PLAT OF SURVEY h U. ) spy 1HIS PLAT Of SURVEY 4 STREET VACARON/bIMSIGN Of LAND HAS BEEN REVIEWED BY 111E CITY 8' WAIERLOO STAFF AND APPROVED. ZONING ADMINISTRATOR 9C41A1URE (OR DESIGNEE): DATE: HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT 'AS PREPARED AND THE RELATED SURVEY WORK WAS ERFORMED BY ME OR UNDER MY DIRECT PERSONAL UPERVI ION AND THAT I AM A DULY LICENSED LAND URVE •R UNDER .'WS OF THE STATE OF IOWA. 0 sr 0147 4/Zol( 0 a^` LOT 28 AUDITOR'S FALLS AVE. & MULLEN AVE. PLAT LEGAL DESCRIPTION: (SEE ATTACHMENT: EXHIBIT "A") IRK D. ESCHLIMAN, P.L.S. IOWA UC. NO. 9961 Y LICENSE RENEWAL DATE I5 DECEMBER 31. 2011 ICES CR SHEETS COVERED 81 1X15 SIGNATURE & SEAL SHEET 1, 2 4 3 CF 3 KESS Sc ASSOCIATES, INC. 19 SYCAMORE ST.. WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 'CURRENT OWNER: CITY OF WATERLOO IOWA PER BLACK HAWK COUNTY RECORDER'S OFFICE:(1992) C.LO. BOOK 631, PAGE 058 FOR: W 51551.0 LOFTS CONDOMINIUM ASSOC. 25 WEST COMMERCIAL STREET WATERLOO, IOWA 50701 REO. 8Y: MARC DENIM, ACM FOR: 1Vf51BEN LOFTS CONDOMINIUM A550C. DATE Of HELD WORK: DECEMBER 03, 2010 DWG. GATE: 12/16 /2010 GRAM 8Y: K.D.E. CAW FIE: 1000OPS2DWG PROJECT NO.: 10000 0 GRAPHIC SCALE 40 80 1 Inch = 40 Ft. "*" DENOTES ASSUMED BEARING DENOTES MONUMENT FOUND O DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION EXHIBIT "A" PARCEL "C" LEGAL DESCRIPTION: A SURVEY OF PARCEL "C" OF THE SOUTHWEST QUARTER (SW 1/4), SECTION 23, TOWNSHIP 89 NORTH (T89N), RANGE 13 WEST (R13W), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CURRENT SOUTHERLY RIGHT OF WAY LINE OF WEST COMMERCIAL STREET AND THE NORTHERLY RIGHT OF WAY LINE OF WESTFIELD AVENUE, FORMERLY KNOW AS MILES STREET, SAID INTERSECTION IS THE MOST EASTERLY CORNER OF TRACT "G" OF THE TECHWORKS ADDITION TO SAID CITY OF WATERLOO; THENCE S53°01'36"E 127.00 FEET TO THE END POINT OF A CURVE ALONG PARCEL "C" - SE 1/4 AS RECORDED IN DOCUMENT NO. 2005 17852; THENCE SOUTHWESTERLY 24.24 FEET ALONG 23.75 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY WITH A LONG CHORD BEARING S78°04'00"W 23.20 FEET ALONG SAID PARCEL "C" - SE 1/4, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST COMMERCIAL STREET AS ORIGINALLY PLATTED; THENCE N49°00'30"W 2.25 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF WESTFIELD AVENUE AS PLATTED; THENCE S60°03'48"W 144.01 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WESTFIELD AVENUE TO THE NORTHEASTERLY CORNER OF PARCEL "D" - SE 1/4; THENCE S59°48'31"W 10.60 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WESTFIELD AVENUE TO THE NORTHWESTERLY CORNER OF SAID PARCEL "D" - SE 1/4, TO THE POINT OF BEGINNING; THENCE N14°37'39"W 68.36 FEET ACROSS WESTFIELD AVENUE TO THE SOUTHEASTERLY CORNER OF SAID TRACT "G" OF THE TECHWORKS ADDITION; THENCE S59°48'31"W 41.28 FEET ALONG THE MOST SOUTHERLY LINE OF SAID TRACT "G", TO THE MOST WESTERLY CORNER OF SAID TRACT "G"; THENCE SOUTHERLY 69.92 FEET ALONG A 181.64 FOOT RADIUS CURVE CONCAVE WESTERLY WITH A LONG CHORD BEARING S11°33'57"E 69.94 FEET, TO THE NORTHERLY LINE OF LOT 4 TECHWORKS ADDITION; THENCE N59°48'31"E 65.52 FEET ALONG SAID NORTHERLY LINE, TO THE POINT OF BEGINNING, CONTAINING 3,000.7 SQ. FT. OR 0.069 ACRES, SUBJECT TO CITY'S RETENTION OF A PERMANENT UTILITY EASEMENT OVER, UNDER AND UPON THE DESCRIBED AREA, AND SUBJECT TO RESERVATION OF EASEMENTS FOR INGRESS AND EGRESS AND EASEMENTS FOR ACCESS TO PUBLIC AND PRIVATE UTILITIES FACILITIES AND INFRASTRUCTURE TO OPERATE, INSPECT, MAINTAIN, REPAIR, RECONSTRUCT, AND REMOVE SAME IN, UPON, BENEATH, OVER AND ACROSS THE DESCRIBED AREA, SAID EASEMENT BEING FOR THE BENEFIT OF LOT 4 AND TRACT "G" IN TECHWORKS ADDITION REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: January 4, 2010 Request by Westfield Lofts Condominium Association to vacate a 12,618.9 SF of former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street. Westfield Lofts Condominium Association, 25 West Commercial Street, Waterloo, IA 50701 The applicant is requesting to vacate the 12,618.9 SF piece of right-of-way in question for the purpose of incorporating the land in question with the property they own at 25 West Commercial Street. The City has requested that the entire portion of right-of-way be vacated, and at this time, the City would retain ownership of the smaller parcel of former Westfield Avenue right-of-way, and grant the necessary easements to the abutting property owners. The request would not appear to have a negative impact on the surrounding neighborhood. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. There is sidewalk that extends south and west along the south side of West Commercial Street towards Highway 218. The Trolley Trail starts near the intersection of River Road and West Commercial Street, directly north of the site in question. The Sergeant Road Trail is located at the intersection of West Jefferson Street and Westfield Avenue. Approximately the southeasterly half of the piece of ground in question abutting 25 West Commercial Street is zoned "C-2" Commercial District, and it has been zoned as such since August 2000, when it was rezoned from "M-2" Heavy Industrial District. The other half of the right-of-way facing towards closest to the intersection of West Commercial/West Jefferson Streets and River Road is zoned "M -2,P" Planned Industrial District, and was rezoned as such in November 2006 from "M-2" Heavy Industrial District. North — Cedar Valley Tech Works and Manatt's Concrete, zoned "M -2,P" Planned Industrial District and "M-2" Heavy Industrial District respectively. South — US Bank, former Happy Chef restaurant and former Grand Hotel, zoned "M-1" Light Industrial District. East — Westfield Avenue Lofts, zoned "C-2" Commercial District. West — Cedar Valley Tech Works, zoned "M -2,P" Planned Industrial Vacate Westfield Ave RoW — 25 W Commercial Page 1 of 4 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: January 4, 2010 District. The surrounding area is comprised of heavy industrial uses, with John Deere's Westfield Avenue site being located directly to the west. Also, the Cedar Valley Tech Works is located directly to the west, and work is currently ongoing at that location as additional redevelopment occurs at that site. 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. The property is located within the Zone -B, 500 -year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190025 0004, dated July 3, 1985. The RiverLoop Exposition area is located approximately '/z mile to the southeast at the intersection of Jefferson Street and West Park Avenue. The Cedar River is approximately 300 yards north of the site in question. There is a 12" water main located within the center of the right-of- way in question. A 30" storm sewer line is located near the west property line that abuts Tract "G" of Tech Works Addition. An 8" sanitary sewer line is located within the eastern half of the right-of- way. If the right-of-way is vacated, the Engineering Department is recommending that an easement be retained over, under and upon the entire area. The Future Land Use Map (February 3, 2003) designates the area as Industrial. The proposed vacate would be consistent with that designation. The site is located within the Primary Growth Area. The applicant is requesting to vacate all of the former Wesffield Avenue right-of-way between West Jefferson and West Commercial Streets, however, only convey approximately 0.29 acres located next to 25 West Commercial Street. The applicant owns the condominiums directly next to the right-of-way in question at 25 West Commercial Street. Vacation of the right-of-way would not appear to have a negative impact upon the surrounding area, as it would appear that the area would not be needed for any future public right-of-way purposes. Westfield Avenue previously traveled over the right-of-way in question before West Jefferson Street, West Commercial Street and River Road were reconfigured as a part of the Cedar Valley Tech Works project. Currently, Westfield Avenue ends at West Jefferson Street, whereas previously, Westfield Avenue used to wrap around the north side of 25 West Commercial Street and connect into former River Road near the Manatt's Concrete Plant. The submitted vacate plat shows a 12" water main near the center Vacate Westfield Ave RoW — 25 W Commercial Page 2 of 4 STAFF ANALYSIS — SUBDIVISION ORDINANCE: January 4, 2010 of the ground in question, running from West Jefferson Street to West Commercial Street. A 12" water main also runs along the far north portion of the right-of-way abutting West Commercial Street. The plat shows 20' wide water/utility easements being retained over these water lines. There is also a 30" storm sewer that runs near the west line of the right-of-way, near Tract "G" of Tech Works Addition. An 8" sanitary sewer line runs near the east line of the right-of-way in question near 25 West Commercial Street. The Engineering Department has reviewed the vacate plat and has noted that they would prefer to have an easement retained over the entire piece of right-of-way after it was vacated rather than having multiple easements upon the lot. Staff has contacted the applicant's surveyor to make them aware of the situation, and the surveyor has indicated that he would make contact with the condo association's chairperson in regards to the full easement request by the City. Also, before the vacate request would be forwarded to the City Council, the applicant would need to an "Intent to Vacate" form signed by the abutting property owner that owns Tract "G" of Techworks Addition. The Sale of City Property Policy does allow for abutting property owners to claim right-of-way that abuts their land if a vacate process is initiated, or, they could decline. The City has also requested that the remaining right-of-way between West Jefferson Street and the parcel of ground the applicant is requesting to vacate also be vacated. It has been a standard policy by the City that when right-of-way is vacated, that the entire portion be vacated so that small stubs or portions of right-of-way are not remaining, and the right-of-way has a consistent width. This additional area is also not needed for public road purposes, and is only needed for private access of the adjoining property owners, which includes the applicant and Cedar Valley Tech Works. Vacating will ensure that the City will not be responsible for future maintenance of a private drive. The City could retain ownership and grant access easements to the 2 abutting property owners, or convey the land to 1 of the 2 abutting property owners, and with an agreement on access and maintenance of the piece of property between the 2 abutting property owners. The applicants intend to use the piece of ground after it is vacated for parking purposes, as there is a very limited amount of space for parking on the site. There is no platting required for this request. Vacate Westfield Ave RoW — 25 W Commercial Page 3 of 4 January 4, 2010 STAFF Therefore, staff recommends that the request to vacate all of RECOMMENDATION: former Westfield Avenue right-of-way between West Jefferson and West Commercial Streets, and convey the 12,618.9 SF area of right-of-way west of 25 West Commercial Street 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 or vehicular traffic conditions within the surrounding area. 3. It would appear that the right-of-way is no longer needed for any current or future right-of-way purposes. Subject to the following condition(s): 1. That an easement be retained over, under and upon the entire area to be vacated. 2. That the applicant obtain a signed "Intent to Vacate" form from the abutting property owner to the north and west, indicating if they have do or do not have an interest in purchasing the right-of-way abutting their property. Vacate Westfield Ave RoW — 25 W Commercial Page 4 of 4 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1365398 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 10/14/2011, in the issues of 10/14/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $37.87 Subscribed and sworn to bef�oe 1� l ���ppme this ✓ day of , aO 1 otary Public Received of 9 a 6i,3 the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER NOTICE OF PUBLIC HEARING:'.. TO WHOM: IT MAY CONCERN:... Notice is hereby given that on the 24111 day of October, 2011, at 5:30 p40.,in the Council Chambers In the City Hall In the City of Waterloo, Iowa, a publle hearing will be held by the (Council of the City of Waterloo, Iowa, on the mattes( of West- field Lofts Condominium Association on the vacation, sale and conveyance{of a,l portion oflormerWestheld Avenue right I: of -way adjacent to 25 West Commercial Street legally described as follows,:; ASurvey of Parcel' "C" of the Southwest:: Quarter (SW 1/4), Section 23, Township$: 89 North (T89N), Range 13 West: (R13W), in the City of Waterloo, Black Hawk County, Slate of Iowa more: par 8culady described as follows Commencing at the Intersection of thel. current Southerly right of way line gf West Commercial Street and the Northerly right of way fine of Westfield Avenue formerly known as Miles Street, said Intersection is l the most Easterly corner of Tract "0 of the TeohWorks addition to said City of We - tette(); thence 853°01'36'E 127.00; feet to the end point of a curve along Parcel C' - SE 1/4 as recorded in Document- No. 2005 17852; thence Southwesterly 24.24 feel along 23.75 foot radlus curve bearing South4asterly with a long alord bearing 578'04'00"W 23.20 feet along said Parcel "C - SE 1/4, to a point f. on the Southerly righ;ofway ane of West Commercial'Slreetas originally platted;: thence N49'00'30"W 2.25 feet along'. said Southerly the f way line to the in- tersection withh the Southerly line 0! Westfield Avenue as platted; thence'. 860'03'48"W 144.01 feel along 58 tl' Southerly right of way line of Westfield.: Avenue to the Northeasterly corner of Parceleet SE 1/4; SoeS59'4837 W:. 1060 feet along said Southerly right o! way line of Westfield Avenue to the Northwesterly corner of said Parcel "D S SE 1/4, (o the point of beginning' thence 1414'37'39"W 68.36 feet across West- field Avenue to the Soumeaslerly comer'. of said Tract G" of Tech Works addi- tion; thence ou'31"W 41, 28: feet along the mostst Southerly line of said Tract "G", to the hencest Southerly 69, 2 said Tract "G"; thence Southerly curve feet along 8 181.64 foo; radlus curve bearing Westerly with a long oho d bearing $11'33'57^E 69,94 feel to the Northerlye of Lot 4Yacht/darks Addt (iprl; thence N59 48'31 '3116tE 65.52 feet along said Northerly Ilne, 10 the point of beginning containing 3,000.7 sq. It or l: 0.069 acres, subjtyl to says retention of derpermanent utility easement over,.. un- der and upon the described area, and subject to reservation of easements tor Ingress and egress and easements or access to public and private utilities a- cllllies and Infrastructure to operate: n ii sped maintain raper, reconstruct, and remove same In upon, beneath, over and across the described area,Said h' easement being for the benefit of Lot 4 and Tract "G"insts. rks Atltllllon, for$1 00,pluscos5. Anyone who is interested may appea at said timeand place and be heard or mayJ Ole written oblechon with the City Clerk Cliy Hall, Waterloo, Iowa, before': the dataset for said hearing. Byf the Council of the City of Wa- terloo a tattoooo this [hiss 10th day of October, 2011; Suzy Schares City Clerk <. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: Octo Prepared: October 7, 2 1 Dept. Head Signature- # of Attachments: ()-huThi. I0'2-�i ISI I SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and request to receive and open the proposals for the Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for the former Grand Hotel and set the date of hearing and bid opening as October 24, 2011. Submitted by:Noel Anderson, Community Planning & Development Director Recommended City Council Action: Preliminary approval of the plans, specifications, forms of contract, etc. and set a date of hearing and bid opening as October 24, 2011. Summary Statement: Expenditure Required: to be determined Source of Funds: G.O. Policy Issue: Slum and Blight Alternative: N/A Background Information: The City purchased the Grand Hotel in an effort to eliminate slum and blight and to provide a clean land pad for future quality development. cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterlooaa.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1365396 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 10/14/2011, in the issues of 10/14/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $20.05 Subscribed and sworn to bore me this day of , o�©I Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the laking. of Request for Proposals for DEMOLITION .AND SITE CLEARANCE SERVICES S "- (NO REGULATEDTOS- CONTAINING MATERIALS) :..:: FORTHE Request GRAND HOTEL Sealed Requestity posals will be re- ceived by the City.: Clerk of theIthe y of. Waterloo,of said CIG at office In the Coy Hall of sa,u Cll . on the 24th day of Octo- ber, 2011, until 4 00 p.m., for (No ilon (No and Site Clearance Services Regu- lated Asbestos -Containing aContaining Materials) for Ihe former Grand Hotel Notice Is hereby given that the Council of Ole; ClIy of Waterloo; lowa will conduct a public hearing on the Request for Pro- posal document, plans, specifications, form of contract etc for Demolition and Site Clearance Services (No Regulated Asbestos Containing Materials):30 for the former Grand Hotel al 5.30 p.m. on Oc- tober 2011; in the Council Chambers In the City Hall in the City: of. Waterloo, Iowa The proposed Request for Fro- posal document, plans, on th- formof the ole. Is 00 fle in the of- fice lh e C lty C 1erk fo rpublic examal document, A Request for Proposal document;. plans, specifications, form of contract, : eta may be obtained from the Planning and Zoning Office, 715 Mulber- ry Street,Waterloo, Iowa, 50703. Anyone who Is Interested may appear at said time and place and be heard or may Ole written objection with the City Clerk, City Hall, Waterloo, Iowa, before. the Bale set for said hearing. By order of the day of O f the Cltyof W a- terloo this 10th day of Sc x,2011. Suzy Scharer City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 9/24/11 Prepared: 10/18/11 Dept. Head Signatur # of Attachments: SUBJECT: Submitted by: Award Bid & Approve Purchase of one (1) Sullair 425 Air Compressor from Compressed Air & Equipment, La Porte City, IA. JB Bolger- Golf & Downtown Area Maintenance Manager Recommended City Council Action: Award Bid and Approve Purchase of: One (1) 2012 Sullair 425 Air Compressor $33,246.00 Summary Statement This piece of equipment will be used for a variety of applications including blowing out irrigation systems, Forestry air spade attachments, and other miscellaneous'air tools. Expenditure Required $33,246.00 Source of Funds General Obligation Bond Funds for Golf & Park Mowing & Maintenance Equipment Policy Issue N/A Alternative N/A Background Information: N/A CITY OF WA I'ERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: October 13, 2011 Dept. Head Signature: Sandie Greco tt of Attachments: SUBJECT: Speed Hump On Maynard Avenue at Valley Drive Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve resolution for installation of a speed hump at 1917 Maynard Avenue. Summary Statement Speed data show 85th percentile speed is 35 mph. Speed limit is 15 mph. Expenditure Required $3,000 Source of Funds GO Bonds Policy Issue Alternative Background Information: A speed hump petition was received. Direct contact was made with the neighbor's representative. No sever crashes have happened yet. There have been many instances of cars losing control at the curve and ending up in someone's yard. Speed limit was 25 mph. DOT helped us to do a ball -bank -meter measurement, after which the speed limit was set to 15 mph. Based on neighbors complaints after the speed limit was changed, we collected speed data. The 85th percentile speed was 35 mph. This warrants installation of a speed hump. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 10/24/11 Prepared: 10/18/11 Dept. Head Signature: # of Attachments: 10 t/t/ ,�eulncc7 :1 o! if nrr (c±'ok Ao. 201(— 017 SUBJECT: Request to approve Third Amendment to Contract for Legal Services dated November 1, 2009 for legal services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approve the Third Amendment to Contract, and authorize the Mayor and City Clerk to sign said Amendment. Summary Statement: Expenditure Required: no additional expenditures required Source of Funds: Hazard Mitigation Grant Program, grant agreement number HMGP-DR-1763-0046 01 Policy Issue: This Contract provides legal services for properties acquired as part of the HMGP Property Acquisition Project. The initial term of the Contract was for twelve (12) months with a provision for extension for additional six (6) month periods by mutual agreement. The First Amendment to the Contract extended the term of the Contract for a six (6) month period from November 1, 2010 to April 30, 2011, and the Second Amendment extended the term of the Contract for a six (6) month period from May 1, 2011 to October 31, 2011, Alternative: There are still legal services required under the grant. The only alternative to extending the term of the Contract would be to re -bid the project. Re- bidding the project would not appear to be needed, as the Attorney was the low bidder and is not requesting any price escalations. Background Information: On 10/12/09 the City Council held a hearing and opened bids for legal services in connection with the Hazard Mitigation Grant CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Program (HMGP) 1763 Structural Acquisition (Buy Out) program through the Iowa Homeland Security and Emergency Management Division (HSEMD), and on 10/26/09 the Council awarded the Contract to Clark, Butler, Walsh & Hamann. The initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010. The Contract provides that the City and Attorney may renew the original Contract for six (6) month time periods by mutual agreement. It is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the initial and extended terms of the Agreement, so the proposed Third Amendment to Contract for Legal Services will extend the term thereof for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. All other terms and conditions of the Agreement shall remain the same. The Attorney has not requested any changes in the prices, scope of work, or the overall maximum contract amount, which is $99,900. Through 10/14/11, the City of Waterloo has paid $58,536.46 under the Contract. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARICS\City of Waterloo\council letters \RFPs Bids Contracts and Agreements for Goods or Services \10-I&I I Council Communication Third Amendment to Contract for Legal Services for HMGP Property Acquisition Project.doc THIRD AMENDMENT TO CONTRACT FOR LEGAL SERVICES This Third Amendment to Contract for Legal Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann ("Attorney"). WITNESSETH: WHEREAS, the City and the Attorney have heretofore entered into a certain Contract for Legal Services dated November 1, 2009 (the "Contract") for the Attorney to provide legal services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Contract, the initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010, and subsequent amendments have extended the term in six-month intervals, with the latest amendment expiring October 31, 2011; and, WHEREAS, the Contract provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the amended term of the Contract. NOW, THEREFORE, the parties hereby amend the Contract to extend the term thereof for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. All other terms and conditions of the Contract shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Contract for Legal Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF WATERLOO, IOWA CLARK, BUTLER, WALSH & HAMANN By: By: Ernest G. Clark, Mayor Date: Attest: Suzy Schares, City Clerk Chris Wendland Date: �0�ll/(l SECOND AMENDMENT TO CONTRACT FOR LEGAL SERVICES This Second Amendment to Contract for Legal Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann ("Attorney"). WITNESSETH: WHEREAS, the City and the Attorney have heretofore entered into a certain Contract for Legal Services dated November 1, 2009 (the "Agreement") for the Attomey to provide legal services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010 and the first amendment to contract renewed the original Contract for six (6) months, from November 1, 2010 to April 30, 2011; and, WHEREAS, the Agreement provides that the City and Attorney may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the amended term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Legal Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF WATERLOO, IOWA By: CLARK, BUTLER, WALSH & HAMANN By: 6C U4 (,UQtititt Ernest G. Clark, Mayor Chris Wendland Date: Attest: Suzy Sch. es, City Clerk Date: 1(0 FIRST AMENDMENT TO CONTRACT FOR LEGAL SERVICES This First Amendment to Contract for Legal Services is made as of the date set forth below by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann ("Attorney"). WITNESSETH: WHEREAS, the City and the Attorney have heretofore entered into a certain Contract for Legal Services dated November 1, 2009 (the "Agreement") for the Attorney to provide legal services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010; and, WHEREAS, the Agreement provides that the City and Attorney may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the initial term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from November 1, 2010 to April 30, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Legal Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF W By TERLOO, IOWA CLARK, BUTLER, WALSH & HAMANN By £&tt (lt)P4 Ernest G. Clar , Mayor Chris Wendland Date: 16/4 Attest: - Suzy c . ares, City Clerk Date: 9-1211 CONTRACT FOR LEGAL SERVICES This Contract for Legal Services (the "Agreement") is entered into as of November 1, 2009, by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann (`Attorney"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. Attorney agrees to provide the legal services described in the Request for Proposal — Legal Services Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, at the cost set forth in the Service Fee Addendum hereto. If Attorney is an individual member of a law firm organized as a partnership, corporation, or limited liability company, then this Agreement is intended to bind both the individual Attorney and his or her law firm. Attorney will be paid separately for each transaction. Attorney's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days ager receipt of an original invoice and after such services are delivered and accepted. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda e Responac (Preposal)-fronrthe-Suecessfa Bidd In the event of conflict between the provisions of the Contract Documents and this Agreement, the provisions of this Agreement shall prevail: 3. Reporting; Records. Attorney shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Attorney shall maintain all project records for a minimum period of three (3) years after the date of fmal payment for services rendered under this Agreement. During the term of this Agreement and for the ensuing -record -retention peiiud, Attoiney-shall rine-any-or ajfproj ect records avail upon reasonable request, and in any event within two (2) business days of request, to City, Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Agreement. 4. Government -Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Attorney or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 6 below. B. Termination for Cause and for Convenience. See Sections 6 and 7 below. C. Attorney shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) D. Attorney shall comply with the Copeland "Anti -Kickback" Net (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Attorney shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster. funding) F. Attorney shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 3 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Agreement, the_Attorney is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Agreement, the Attorney is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 3 above. J. Retention of Documents. See Section 3 above. 2 K. Attorney shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000) L. Energy Efficiency Standards. Attorney shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, and to the extent not covered by insurance maintained by Attorney, Attorney agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Attorney in providing the services contemplated by this Agreement. 6. Default; Termination for Cause. In the event that Attorney defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of fourteen (14) days after notice thereof shall have been given by City to Attorney (or for a period of twenty-eight (28) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 28 -day period and thereafter Attorney fails to diligently and uuutuiuously prosecute -the -same e `on within such 28 ay penoz1 , en City may declare that Attorney is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Attorney to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Attorney which pertain to the project; e, - --declare a defaulttthis Agreement, make no further disbursements, and demand immediate repayment from Attorney of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivery to Attorney of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Attorney hereunder, including but not limited to the recovery of funds. 3 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Attorney in a suit or other enforcement action hereunder, Attorney agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Agreement 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 Agreement at any time by delivering to Attorney 30 -days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Attorney may not assign his or her duties hereunder without the prior written consent of City. 9. Independent Contractor. Attorney is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Attorney has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Attorney, but Attorney shall determine the legal means by which he or she performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Attorney. Neither Attomey nor his or her employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Attorney shall be solely responsible for compensating his or her employees, if any. 10. Severability. In the event any provision of this Agreement, together with the Contract Documents, is held invalid, illegal or unenforceable; whether iii whole or in part, 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 provision of this Agreement 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. 11. General Terms. This Agreement, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except -pursuant to_the mutual -written agreement of__ the parties.- This Agreement rs binding oil the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Legal Services as of the date first set forth above: 4 CITY OF WATERLOO; IOWA By. 2,,-.0_. Timothy J. un. Attest: l '`Yn i a.tl!)G5 Deputy City Clerk CLARK, BUJ. LER, WALSH & HAMANN By: 'Ci &G'el,J(114 Chris Wendland SERVICE FEE ADDENDUM Fixed -cost items a. Preliminary title opinion b, Final title opinion c. Title Guaranty certificate d. Deed (if an acquisition requires more than one deed, each additional deed is $40) Declaration of value Groundwater hazard statement e. Release of lien, judgment, or mortgage, or receipt and satisfaction of judgment (other than a support judgment) Receipt and satisfaction of support judgment requiring court approval Affidavit of surviving spouse Closing activities, including but not limited to preparation of Form HUD -1, handling closing, disbursing funds, issuing 10998, and filing documents Overnight delivery charge (e.g., mortgage payoff) 2. Hourly rate for other services Chris Wendland, partner and supervising attorney Jared-Knapp—assoeiatc g• h. Emily Bartekoske, associate Alicia Janssen, legal assistant $130 $30 $50 $65 $5 $5 $60 $90 $75 $300 $25 $115/hour $115/hour $60/hour Total actual expenses allowed by the project budget, including any renewal extensions of the Contract, shall not exceed $99,900. SECTION III SPECIAL TERMS AND CONDITIONS j3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for twelve (12) months anticipated to be November 1, 2009 to October 31, 2010. 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses allowed by the project budget, including any renewal extensions thereof, shall not exceed $99,900. 3.1 Agreement Forms 3.1.1 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". If a Proposer intends to request that the City enter into any different agreement form in connection with the award of this Contract, the form must be submitted with the proposal for review by the € ity's-legal-eounsel during the evaluation uf-proposals. 3.2 3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the City of Waterloo requirements, the proposal may be rejected due to the contradiction unless Proposer indicates deletion of such contradicting clauses or acceptance of the City's form of agreement. 3.1.3 If no agreement form is included with the proposal, no such form will be approved by the City during the evaluation or award processes, or following award of Contract. Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will be paid upon receipt of an original invoice within thirty (30) days and after services are delivered and accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2 .3 All invoices and supporting -documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses allowed by the project budget, including any renewal extensions thereof, exceed $99,900. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the City's budget for the HMGP Property Acquisition Project Application is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual RFP FOR 1 FGAI_ SFRVICFS — 7n0B Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 10/24/11 Prepared: 10/18/11 Dept. Head Signature: A� >� # of Attachments: 10 40-1.)0t (0491601( 91(1-10f% SUBJECT: Request to approve Third Amendment to Contract for Abstracting Services dated November 1, 2009 for abstracting services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approve the Third Amendment to Contract, and authorize the Mayor and City Clerk to sign said Amendment. Summary Statement: Expenditure Required: no additional expenditures required Source of Funds: Hazard Mitigation Grant Program, grant agreement number HMGP-DR-1763-0046 01 Policy Issue: This Contract provides abstracting services for properties acquired as part of the HMGP Property Acquisition Project. The initial term of the Contract was for twelve (12) months with a provision for extension for additional six (6) month periods by mutual agreement. The First Amendment to the Contract extended the term of the Contract for a six (6) month period from November 1, 2010 to April 30, 2011, and the Second Amendment to the Contract extended the term for a six (6) month period from May 1, 2001 to October 31, 2011 Alternative: There are still abstracting services required under the grant. The only alternative to extending the term of the Contract would be to re -bid the project. Re- bidding the project would not appear to be needed, as Title Services Corporation was the low bidder and is not requesting any price escalations. Background Information: On 10/26/09 the City Council held a hearing and opened bids for abstracting services in connection with the Hazard Mitigation Grant CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Program (HMGP) 1763 Structural Acquisition (Buy Out) program through the Iowa Homeland Security and Emergency Management Division (HSEMD), and on 11/02/09 the Council awarded the Contract to Title Services Corporation. The initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010. The Contract provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement. It is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the initial and extended terms of the Agreement, so the proposed Third Amendment to Contract for Abstracting Services will extend the term thereof for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. All other terms and conditions of the Agreement shall remain the same. The Abstract Company has not requested any changes in the prices, scope of work, or the overall maximum contract amount, which is $50,000. Through 10/14/11, the City of Waterloo has paid $15,655.00 under the Contract. cc: Noel Anderson, Community Planning Si. Development Director Path: K:\USERS\ARICS\City of Waterloo \council letters \RFPs Bids Contracts and Agreements for Goods or Services \(0-18-11 Council Communication Third Amendment to Contract for Abstracting Services for HMGP Property Acquisition Project.doc THIRD AMENDMENT TO CONTRACT FOR ABSTRACTING SERVICES This Third Amendment to Contract for Abstracting Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Title Services Corporation ("Abstract Company"). WITNESSETH: WHEREAS, the City and the Abstract Company have heretofore entered into a certain Contract for Abstracting Services dated November 1, 2009 (the "Contract") for the Abstract Company to provide abstracting services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Contract, the initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010, and subsequent amendments have extended the term in six-month intervals, with the latest amendment expiring October 31, 2011; and, WHEREAS, the Contract provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the amended term of the Contract. NOW, THEREFORE, the parties hereby amend the Contract to extend the term thereof for an additional period of six (6) months, from November 1, 2011 to April 30, 2012. All other teiius and conditions of the Contract shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Contract for Abstracting Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF WATERLOO, IOWA TITLE SERVICES CORPO By: By: Ernest G. Clark, Mayor Date: Attest: Suzy Schares, City Clerk Charles P. Date: ugustine (tt (.Zoll ice President SECOND AMENDMENT TO CONTRACT FOR ABSTRACTING SERVICES This Second Amendment to Contract for Abstracting Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Title Services Corporation ("Abstract Company"). WITNESSETH: WHEREAS, the City and the Abstract Company have heretofore entered into a certain Contract for Abstracting Services dated November 1, 2009 (the "Agreement") for the Abstract Company to provide abstracting services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010 and the first amendment to contract renewed the original Contract for six (6) months, from November 1, 2010 to April 30, 2011; and, WHEREAS, the Agreement provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the amended term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without mod ification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Abstracting Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF Wit, TERLOO, IOWA /�.cI Ernest G. Clark, Mayor By: Date: Attest. Suzy S6Hares, City Clerk TITLE SERVICES CO By: ORATION Charles P. Augus ' , Vice President Date: April 11, 2011 FIRST AMENDMENT TO CONTRACT FOR ABSTRACTING SERVICES This First Amendment to Contract for Abstracting Services is made as of the date set forth below by and between the City of Waterloo, Iowa ("City") and Title Services Corporation ("Abstract Company"). WITNESSETH: WHEREAS, the City and the Abstract Company have heretofore entered into a certain Contract for Abstracting Services dated November 1, 2009 (the "Agreement") for the Abstract Company to provide abstracting services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HIvMGP) Property Acquisition Project; and,,. WHEREAS, pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010; and, WHEREAS, the Agreement provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the initial term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term h- -• • 1 .11 1 . 1 - rs, from Nave el. 1, 2010 Lu Apri130, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Abstracting Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF ,TERLOO, IOWA By: Sri Ernest G. Clark, Mayor Date: (akfoo i Attest Cr, Suzy c ares, City Clerk TITLE SERVICES CORP By TION Charles P. Au , Vice President Date: to (1(zaic; CONTRACT FOR ABSTRACTING SERVICES This Contract for Abstracting Services (the "Agreement") is entered into as of November 1, 2009, by and between the City of Waterloo, Iowa ("City") and Title Services Corporation ("Abstract Company"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. Abstract Company agrees to provide the abstracting services described in the Request for Proposal — Abstracting Services Hazard Mitigation Grant Program (HMGP) Property.Acquisition Project, at the cost set forth in the Service Fee Addendum hereto. Abstract Company will be paid separately for each transaction. Abstract Company's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days after receipt of an original invoice and after such services are delivered and accepted. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Successful Bidder i.- - -. • se rov-sions-o ea •ntract 1ocuments-an the provisions of this Agreement shall prevail. gJ eement, 3. Reporting; Records. Abstract Company shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Abstract Company shall maintain all project records for a minimum period of three (3) years after the date of fmal payment for services rendered under this Agreement. During the term of this Agreement and for the ensuing record -retention period, Abstract Company shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request to Cityi IowaHomelandSecurity and EmergencyManagement-Division (HSEMD); the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcnptions. For purposes of this section, "records" means any and all books, documents, papers and records of any_type or nature that are directly pertinent to this Agreement. 4. Government -Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Abstracting Company or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 6 below. B. Termination for Cause and for Convenience. See Sections 6 and 7 below. C. Abstract Company shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) - D. Abstract Company shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Abstract Company shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Abstract Company shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 3 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this .Agreement, the Abstract Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in -the course-of-orunder-this -A-greemen the—Abstract Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 3 above. J. Retention of Documents. See Section 3 above. K. Abstract Company shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection 2 Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000) L. Energy Efficiency Standards. Abstract Company shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, and to the extent not covered by insurance maintained by Abstracting Company, Abstracting Company agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Abstracting Company in providing the services contemplated by this Agreement. 6. Default- Termination for Cause. In the event that Abstract Company defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of fourteen (14) days after notice thereof shall have been given by City to Abstract Company (or for a period of twenty-eight (28) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 28 -day period and thereafter Abstract Company fails to diligently and continuously prosecute the same to completion within such 28 -day period), then City may declare that Abstract Company is in default hereunder and may take any one or more ofthe-fe$owing-steps, at its option: a by mandamus or other suit, action or proceeding at law or in equity, require_ Abstract Company to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Abstract Company which pertain to the project; c. declare a default of this Agreement, make no further disbursements, and demand immediate repayment from Abstract Company of any funds previously disbursedunder_this<Agreement; d. terminate this Agreement by delivery to Abstract Company of written notice of termination; and/or e. take whatever other action at law or in equitymay be necessary or desirable to enforce the obligations and covenants of Abstract Company hereunder, including but not limited to the recovery of funds. 3 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Abstract Company in a suit or other enforcement action hereunder, Abstract Company agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Agreement 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 Agreement at any time by delivering to Abstract Company 30 -days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Abstract Company may not assign his or her duties hereunder without the prior written consent of City. 9. Independent Contractor. Abstract Company is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Abstract Company has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Abstract Company, but Abstract Company shall determine the legal means by which he or she performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Abstract Company. Neither Abstract Company nor his or her employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Abstract Company shall be so - OS - . ....-._ .,.., _ - _ 10. Severability. In the event any provision of this Agreement, together with the Contract Documents, is held invalid; illegal; or unenforceable, whether in whole or in part, 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 provision of this Agreement 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. 11. General Tereus This Agreement, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of _the-paries—This-Agreement-is-binding-on-the-parties-ar d the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Abstracting Services as of the date first set forth above 4 CITY OF WATERLOO, IOWA By: / Timothy J. Hur Attest: At '"f TITLE SERVICES CO Charles P. Angus RATION President 5 SERVICE FEE ADDENDUM Activity Title Cost Abstract Update/Continuation (no root certification) $115.00 Date Down or Day of Closing Search Certification $35.00 Preparation of New Abstract or Root Abstract $285.00 * No cost variations will be made due to length of the certification period or number or type of district court or other proceedings, including tax sale proceedings. * The above pricing includes all expenses. Total actual expenses allowed by the project budget, including any renewal extensions of the Contract, shall not exceed $50,000. SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for twelve (12) months anticipated to be November 1, 2009 to October 31, 2010. 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses allowed by the project budget, including any renewal extensions thereof, shall not exceed $50,000. 3.1 Agreement Forms 3.1.1 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". If a Proposer intends to request that the City enter into any different agreement form in connection with the award of this Contract, the form must be submitted with the proposal for review by the itys-legalcounsel-daring the evaluation of -proposals. 3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the City of Waterloo requirements, the proposal may be rejected due to the contradiction unless Proposer indicates deletion of such contradicting clauses or acceptance of the City's form of agreement. 3.1.3 If no agreement form is included with the proposal, no such form will be approved by the City during the evaluation or award processes, or following award of Contract. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will be paid upon receipt of an original invoice within thirty (30) days and after services are delivered and accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred_ 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses allowed by the project budget,- including any renewal extensions thereof, exceed $50,000. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the City's budget for the HMGP Property Acquisition Project Application is approved, and the City notifies the ern cin n O CTO Afrkr' Cctn\ilrr[• nnnn Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 10/24/11 Prepared: 10/18/11 Dept. Head Signature:i # of Attachments: _ 10 SUBJECT: Resolution approving the bonds and certificate for the contract with Advanced Environmental Testing and Abatement, Inc. for Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Submitted by, Aric Schroeder, City Planner Recommended City Council Action: Approve the bonds and certificate for the contract for Asbestos Abatement Services Group 2 with Advanced Environmental Testing and Abatement, Inc. Summary Statements Expenditure Required: none Source of Funds: N/A Policy Issue: Asbestos Abatement of properties acquired as part of the HMGP Property Acquisition Project Alternative: N/A Background Information; At the 10/17/11 Council meeting the Council awarded contract for Asbestos Abatement Services Group 2 to Advanced Environmental Testing and Abatement, Inc. As part of the bid documents and contract documents, Advanced Environmental was required to submit a Bid Bond, a Certificate of Insurance, a Performance Bond, and a Payment Bond. All required documents have been submitted and we are requesting that the Council adopt a resolution approving the bonds and certificate. It is anticipated that asbestos abatement activates under the contract will commence within the next week or two. cc: Noel Anderson, Community Planning & Development Director Chris Western, Planner II Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services \10-l8-1 l Council Communication for Approving Bonds and Certificate of Insurance for Asbestos Abatement Grp 2 Contract with Advanced Env.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOUI An Equal Opportunity/Affirmative Action Employer THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street, Waterloo, IA 50703 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Waterloo 715 Mulberry Street, Waterllo, IA 50703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Asbestos Removal from 10 Properties for the City of Waterloo, IA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of October 2011 Advanced Environmental Testing and Abatement, Inc. t4' loess) n Cindy Bennett v (Witness) By (Principal) r, // (Seal) Merchants Bonding Company (Mutual) (Surety) By: Ls Att mey-in-Fact Dianne S. Riley (Title) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 MERCHANTS N AT 10 N S BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL), is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint: Dianne S. Riley its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following surety bond: Surety Bond #: Bid Bond Principal: Advanced Environmental Testing and Abatement, Inc. Obligee: City of Waterloo and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Nations Bonding Company on August 27, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of September, 2011. ,.61: D r/y5 • a�\N. 4;4% . co • 9.:% 2003 'a : : ' 1933 • C STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL NATIONS BONDING COMPANY President On this 12th day of September , 2011 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARILYN BOYD Commission Number 10012 My Commission Expires November 4, 2013 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. this Iit fitneayss Wofhereofctoaerhereunt2e4(tlmy ha d POA 0007 (9/11) nd and affixed the seal of the Companies on •v •moi? -0- 0'3 •r. et: 1933 ti •• ;oy„?� •`dao.• Secretary ACORI D® V CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/9/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brummel Madsen & Associates 318 Main Street P.O. Box 399 Cedar Falls IA 50613 CONTACT Joan Bonewitz NAME: PHONE (319) 266-2644 FAX (319)277-2E29 (PAH( No Fxl)' INC No): E-MAIL Joanb@brummelmadsen.com INSURER(S) AFFORDING COVERAGE NAICM INSURERA:American Safety Risk Retention LIABILITY COMMERCIAL GENERAL LABILITY INSURED Advanced Environmental Testing & Abatement 803 Ricker St. Waterloo IA 50703 INsuRERB:Western National Insurance 15377 INSURERC: 9/13/2012 INSURERO: $ 2,000,000 INSURER E : $ 50,000 INSURER F: $ 5,000 •11-12 gl auto we umbr EVISION NUMBER: .,.....,.-..,-,G,......, THIS' IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM(ODIYYYY) POLICY EXP W IMWDDYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LABILITY ENV010673-10-06 9/13/2011 9/13/2012 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea oaurrence) $ 50,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 GGEENL AGGREGATE E 1 POLICY OMIT APPLIES PER rl ,,ECT 1 LOC $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ — SCHEDULED AUTOS NON -OWNED AUTOS CPP1013320 02 2/28/2011 2/28/2012 COMBINEDISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined $ 1,000,000 A UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE ENU019468-10-03 9/13/2011 9/13/2012 EACH OCCURRENCE $ AGGREGATE $ $ DEO X RETENTION$ 10,000 B WORKERS COMPENSATION EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVENIA OFFICER/MEMBEREXCLUDED? (Mandatory in NH)NH) (Mand If yes, describe under DESCRIPTION OF OPERATIONS below Y/N WCV1001609 9/13/2011 9/13/2012 TWC STATU- QR AND EL. EACH ACCIDENT $ 1,000,000 EL. DISEASE- EA EMPLOYEE $ 1,000,000 E.L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space l required) Insurance verification CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brian Brummel/JAB ACORD 25 (2010/05) INS025 (201005).01 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD THE AMERICAN INSTITUTE OF ARCHITECTS t Bond No.IAC112973 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street Waterloo, IA 50703 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterllo, IA 50703 CONSTRUCTION CONTRACT Date: October 24, 2011 Amount: ($ 49,480.00 ) Forty Nine Thousand Four Hundred Eighty Dollars and 00/100 Description (Name and Ldcation):Asbestos Removal from 10 Properties for the City of Waterloo, IA Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 BOND Date (Not earlier than Construction Contract Date): October 24, 2011 Arnount: ($49,480.00 ) Forty Nine Thousand Four Hundred Eighty Dollars and 00/100 Modifications to this Bond: ® None 0 See Page 3 CONT, >S PRINCIPAL SURETY Company On (Corporate Seal) Company: (Corporate.Seal) Advanced Environm: tal Testi a and Abatement, Inc. Merchants Bonding Comppaa�ny'`(Mutual):..02, 0ga 4.1.. r... Signature ti 1933 ; c: Name and Title: Cind Bennett ;y;•. •may. Attorney -in -Fact ..W Signature: Name a (Any ad.'tio <I signa 1 tam ckA jk r{ avoi Sj➢.-• s appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or HolmesMurphy & Associates, Inc. other party): 3001 Westowh-Parkway West Des Moines, IA 50266 515 223-6800 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED, • AIA THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3,3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual darn - ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA s THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1957 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. V;oti ,IW (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTQQii�� AS PRIN IP L Company: t6G'✓Qi}it ✓tki41.1 h+t j gAte Seal) SURETY Company: SignatureSignature- Name a 1tle: I/ f.j V) Tro I, nig j- Name and Title: Addres.: j/ � rj Address: v IA- co -703 (Corporate Seal) AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 3 BOND Date (Not earlier than Construction Contract Date): October 24, 2011 Amount: ($ 49,480.00 ) Forty Nine Thousand Four Hundred Eighty Dollars and 00/100 di ' ,ations to this Bond: E None 0 See Page 6 Ntil&TOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Merchants Bo Signature- Signature• Name and Title- d/!We--)I t4 h Name and Title: %1oetj7 (Any as appear on page 6) THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. IAC112973 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street Waterloo, IA 50703 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterilo, IA 50703 CONSTRUCTION CONTRACT Date: October 24, 2011 Amount: ($49,480.00 ) Forty Nine Thousand Four Hundred Eighty Dollars and 00/100 Description (Name and Location): Asbestos Removal from 10 Properties for the City of Waterloo, IA Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Advanced Enviro ental Te ting d Abatement, Inc. (Corp r t .eal) .DSO APd.. p9, cling Company (Mutual�y>} Rq?^ O- 44.../N' �/1 0 tuay Ar; CirUlyBennett=�y•..,,,.,,..(;d;; 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 21 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 41 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA& THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W.. WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Yeti (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Addcmylrenniefittitorporate Seal) Company: Signatu Name Addres (Corporate Seal) Signature - Name and Title: Address: AIA DOCU A312 V'FORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20086 THIRD PRINTING • MARCH 1987 A312-1984 6 MERCHANTS BONDING COMPANY NATIONS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL), is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint: Cindy Bennett its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following surety bond: Surety Bond #: IAC 112973 Principal: Advanced Environmental Testing and Abatement, Inc. Obligee: City of Waterloo and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Nations Bonding Company on August 27, 2011. - - "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of September, 2011. STATE OF IOWA COUNTY OF POLK ss. On this 12th day of September , 2011 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. •4.6. .• ...• m•O Z o- • Cit., 2003 ,aa vt' .y. * •• 91.4,*:. •,.. �RPO99y • o:^ y; 19 • 33 :; B r \dao. y • .....• MERCHANTS BONDING COMPANY (MUTUAL), NATIONS BONDING COMPANY President MARILYN BOYD Commission Number 10012 My Commission Expires November 4, 2013 -11^pmdro Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. to),1fitness Whereooff I have hereunttmett my hand and affixed the seal of the Companies on this L4t day of UctO er •,,•• . • C1 D IN' •. 4�N** • �o?io •. Z. POA 0007 (9/11) t•FPOq C• X00; oPPOy'9.i :i r*:o• •� Secretary Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: October 20, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute First Amendment to Development Agreement with Robert F. Huff and Kaye M, for tax rebates at 3328 Wagner Road project. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving agreement Summary Statement: As you may recall, back in 2008, the City of Waterloo and Robert and Kaye Huff entered into a Development Agreement for improvements to the property at 3328 Wagner Road. The improvements called for a new industrial building located within the Airport Tax Increment Finance District. Due to some type of mix-up or timing of the completion of the building, the minimum assessment amount was slightly lower than the required amount (minimum was $183,200, was at $174,490 first year, but is well over minimum amount now). There was also a scrivener's error in the base amount, incorrectly putting the date at January 1, 2007, instead of January 1, 2008. This document will correct the error, allow for tax rebates to be paid, as the project was built in full accordance with the provisions of the Development Agreement. All other portions of the agreement remain the same as originally approved. Expenditure Required: No more than original agreement amount Source of Funds: TIF funds Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City has worked with several companies to CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer develop industrial lots in the area around the airport for commercial and industrial development. This project is one of several in the Airport TIF District area, including Con Agra, Waterloo Tent & Tarp, Advanced Heat Treat, Accurate Gear, etc. Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma. Parcel ID: Deed Holder: Parcel Address: 8913-03-301-016 KE HOLDINGS LLC 3328 WAGNER RD, WATERLOO, IA 50703 Legend =i! Wr[elJlm Mail Photos Ble[h Hs.%Co. ul nos rn,do p rkep _ NM_ Nulls MPmpmp a`k Wlnm nwn.hIps sonnon. w.mr DPagan. ��. Rights.o W.y C7 Town.hlP .! City Lino. / Nlm.tl tllm nadrin, waYm ma_ Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor a co.black-hawk.ia.us.or naiad with AtdM3. C Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 10/20/2011 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-03-301-016 TKE HOLDINGS LLC TKE HOLDINGS LLC 1635 KERRY LN PDF No. Map Area Contract Buyer JESUP, IA 50648-0000 10 INDUSTRIAL ALL PDFS 20,563 Property Address Current Recorded Transfer 3328 WAGNER RD WATERLOO, IA 50703-0000 Date Drawn Date Filed Recorded Document Type 8/8/2011 8/11/2011 2012 002632 D SALES BUILDING PERMIT Date AmountNUTC / Type Date 9/1/2011 Number FC Amount 0 Reason Misc 8/8/2011 325,000 NORMAL ARMS -LENGTH TRANSACTION / Deed 4/14/2010 WA 01143 20,563 New Bldg 10/11/200642,000 SALE OF PORTION OF PROPERTY (SPLIT) / Deed 8/8/2007 WA HA 0968 10,800 Furnace 1/5/2007 WA 3072 145,000 New Bldg 4/20/2006 32,000 SALE OF PORTION OF PROPERTY (SPLIT) / Deed Family Farm Credit ASSESSED VALUES/CREDITS Year Class 2011 I 100% Value Land Dwelling Building M/E Total Acres 60,600 0 252,040 0 312,640 0 Taxable Value Land Dwelling Building M/E Total 60,600 0 252,040 0 312,640 Year Class 2010 I 100% Value Land Dwelling Building M/E Total Acres 35,200 0 148,000 0 183,200 0 Taxable Value Land Dwelling Building M/E Total 35,200 0 148,000 0 183,200 Year Class 2009 I 100% Value Land Dwelling Building M/E Total Acres 35,200 0 148,000 0 183,200 0 Taxable Value Land Dwelling Building M/E Total 35,200 0 148,000 0 183,200 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 201112012 Tax District 941151 - WATERLOO AIRPORT URB TIF AMD1 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 183,200 183,200 0 42.69322 $7,821.40 $7,822.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891303301016 10/20/2011 Black Hawk County Detailed Parcel Report 'Corp 1$0.00 Nocorp '$0.00 00 $0.00 Page 2 of 3 $0.00 LEGAL PETCOR ADDITION LOT 8 BEG AT NW COR OF LOT 8 TH N 88 DEG 39 MIN 50 SEC E ALONG N LINE OF LOT 8 711.43 FT TO E LINE OF LOT 8 TH S ALONG E LINE OF LOT 8 125 FT TH S 88 DEG 39 MIN 50 SEC 711.43 FT TO W LINE OF LOT 8 TH N ALONG THE W LINE OF LOT 8 125 FT TO PT OF BEG LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Acres x Rate 1 Additional Information Perimeter Lineal Feet 320 Base Square Feet 6,144 Basement Square Feet 0 GBA Square Feet 6508 Plumbing Item 43560 1 Acres x Rate Adjustment Item Quantity Liner - metal (SFSA) 6144 43560 1 Acres x Rate Description Item Count Extended Description Door 1 1742.4 0.04 Totals: O.H. Door - Power, 12 Ft Wide, 14 Ft High Truck Well 1 Floor=416, Foundation=77 Verticals & Horizontals 88862.4 2.04 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Metal Light Mfg - Milled Wood Frame B1 -1S MTL/WD 2007 6144 1 Additional Information Perimeter Lineal Feet 320 Base Square Feet 6,144 Basement Square Feet 0 GBA Square Feet 6508 Plumbing Item Quantity Rough Plumbing 1 Adjustment Item Quantity Liner - metal (SFSA) 6144 Liner - metal (SFSA) 4800 Extras Description Item Count Extended Description Door 1 O.H. Door - Power, 18 Ft Wide, 13 Ft High Door 1 O.H. Door - Power, 12 Ft Wide, 14 Ft High Truck Well 1 Floor=416, Foundation=77 Verticals & Horizontals Description Size Ftr & Fdtn Reinfo ced Concrete 320: LF Exterior Wall Mtl/ Frm/ Insul 320: LF Interior Wall Liner (See Adj's 0: LF Fronts/Doors Incl. w / Base 320: LF Roof Metal/ Frm/ Insul (51'-79 6144: SF Ceiling Metal Liner 0: SF/Story Struct. Floor 6" R'Concrete 5728: SF Framing Wood - Average 0: SF HVAC Vacuum Gas (Radiant) 6144: SF Lighting Industrial - Light 6144: SF Windows Incl. w / Base 320: LF of Wall Type Description Year Built Area Stories Office - General A1 -1S FR 2007 364 1 Additional Information Style Frame - Wood Base Square Feet 364 Basement Square Feet 0 GBA Square Feet 6508 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891303301016 10/20/2011 Black Hawk County Detailed Parcel Report Page 3 of 3 Plumbing Item Quantity 3 -Fixture Bathroom 1 Verticals & Horizontals Description Size Ftr & Fdtn Reinforced Concrete 0: LF Exterior Wall Vinyl - Frame 0: LF Interior Wall Drywall or Equiv 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof Asph. Shingle/ Wood Dk 364: SF Ceiling Drywall - Textured 364: SF/Story Struct. Floor R'Concrete 4" 364: SF Floor Cover Carpet 364: SF Floor Cover Ceramic 0: SF Partitions Office Buildings 364: P/Unit Framing Wood - Average 364: SF HVAC Combination FHA -AC 364: SF Lighting Office Buildings (Gen 364: SF Type Description Year Built Area Stories Metal Warehouse - Pole Frame B2 -1S MTL/POLE 2010 2016 1 Additional Information Perimeter Lineal Feet 184 Base Square Feet 2,016 Basement Square Feet 0 GBA Square Feet 2016 Extras Description Item Count Extended Description Door 1 O.H. Door - Power, 18 Ft Wide, 13 Ft High Verticals & Horizontals Description Size Exterior Wall Metal/ Frame (< 184: LF Interior Wall Unfinished 184: LF Windows Incl. w / Base 184: LF of Wall Fronts/Doors Incl. w / Base 184: LF Roof Metal/ Frame (< 50' Wide) 2016: SF Ceiling Unfinished 2016: SF/Story Struct. Floor 6" R'Concrete 2016: SF Framing Pole Construction 0: SF HVAC No HVAC 2016: SF Lighting Warehouse (Lightinq 0 2016: SF YARD EXTRAS Description Year Built Quantity Plot No. Extended Description Paving 2007 1 4,800 SF, Concrete Parking, Average Pricing Paving - Concrete 2010 1 1,600 SF, Concrete Parking, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891303301016 10/20/2011 Black Hawk County Property Photos There are 2 photos of parcel 891303301016. Click a number to see an image: 1 2 Page 1 of 1 http://www2.co.black-hawk. ia.us/website/bhmap/bhParlmages.asp?apn=891303301016&... 10/20/2011 $lack Hawk County Property Photos There are 2 photos of parcel 891303301016. Click a number to see an image: 1 2 Page 1 of 1 http://www2. co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891303301016&... 10/20/2011 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement (the "Amendment") is entered into as of 2011, by and between the City of Waterloo, Iowa ("City") and Robert F. Huff and Kaye M. Huff ("Owners"). RECITALS A. Owners am parties with City to that certain Development Agreement and Minimum Assessment Agreement dated February 5, 2008 (the "Agreement') concerning the development of land as described in the Agreement. B. The Minimum Assessment Agreement stated an assessment value of $183,200 for the project and 5 years of tax rebates at 50%.. C. Owners and City agree that the project was built as described, but the minimum value was not met for 2008 assessment purposes. D. The original Development Agreement mistakenly stated the base value as of January 2008, whereas it should have been January 2007, and the parties desire to correct that mistake. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Minimum Assessment Agreement shall be amended to allow for rebates to be eligible for the 2008 year at $174,490. 2. The rebates shall be eligible for all values over the January 1, 2007 assessed value of $40,660, subject to such exceptions as are stated in the Agreement. 3. All other terms of the Agreement remain unmodified and in full force and effect. This Amendment is binding on the parties and the respective heirs, personal representatives, successors and assigns of each. IN WITNESS WHEREOF, the parties have executed this First Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Robert E Hu l0 jie U'l 'N ILL V Kay M. Huff CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk CITY OF WATERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: October 19, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Professional Agreement for East and West Fifth Street Parking Ramp Repairs Submitted by: Craig Clark, Building Official & Maintenance Administrator Recommended City Council Action: Approve agreement with AECOM for an amount not to exceed $39,500.000 for analysis, design work, and construction phasing related to the East and West Fifth Street Parking Ramp repairs. Summary Statement Ramps are in need of repair and AECOM has designed work on the other ramps. Expenditure Required $ 39,500.00 Source of Funds CIP 2011 Background Information: AECOM AECOM 319 232 6531 tel 601 Sycamore Street 319 2320271 fax Salta 222 Waterloo, Iowa 50703 www.aecom.com EAST AND WEST FIFTH STREET PARKING RAMP REPAIRS CITY OF WATERLOO PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT'S behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; AECOM Page 3 (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. Such certificates of insurance shall provide that the applicable insurance policies have been endorsed to provide a minimum of thirty (30) days advance notice to the CLIENT in the event of cancellation, material change, or non -renewal. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee of Thirty -Nine Thousand Five Hundred Dollars ($39,500.00). ATS may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT'S sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and AZ --.COM Page 4 hold ATS harmless from and against all claims or suits asserted against ATS In the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT'S construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same Indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. AECOM Page 5 XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT'S sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the negligent act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation, In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. AECOM XIV. MISCELLANEOUS Page 6 (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered Into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control, In the event of any conflict among the exhibits, the exhibit of the latest date shall control, (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT'S approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: Printed Name: Printed Name: Joe A. Becker Title: Title: Vice President Date: Date: October 14, 2011 EAST AND WEST FIFTH STREET PARKING RAMP REPAIRS CITY OF WATERLOO EXHIBIT A A. PROJECT DESCRIPTION The project consists of repairs to the East and West Fifth Street Parking Ramps located in downtown Waterloo. Signs of deterioration have developed in each of the structures, and it has been several years since any significant rehabilitation has occurred. The first phase of the project will be to conduct a review of each structure, document areas of deterioration and deficiencies, identify repairs and make recommendations, provide cost estimates for repairs, propose a phasing plan to prioritize the needed improvements in each ramp based on the repairs needed and funding availability, and provide a summary report documenting the evaluation process. B. SCOPE OF SERVICES Phase I — Review, Cost Estimate and Phasing Plan The work to be performed by ATS shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide the services defined In the following tasks: 1. Review existing plan details of each parking structure, including repairs or changes that have been made since their initial construction in 1957. Conduct a visual field review of each parking structure to assess the condition of structure as well as the mechanical and electrical systems in each structure. The following elements of each parking ramp will be reviewed, and the conditions will be documented during this task. a. The deck surface of each level in each garage will be reviewed to detect unsound concrete and potential corrosion issues. The existing plans will be marked -up denoting the areas of deterioration, and photographs will be taken for documentation of deficiencies. There are nine (9) deck levels in each parking ramp. b. The ramps between each of the deck levels will be reviewed to detect unsound concrete and potential corrosion issues. The existing plans will be marked -up denoting the areas of deterioration, and photographs will be taken for documentation of deficiencies. There are eighteen (18) ramps between deck levels in each parking ramp. c. Each stairway in each parking ramp will be reviewed to determine deterioration. The stairs, decks between stairs, elevator, lighting, painting, signage, drainage, and any storage areas within the stairwells in each parking ramp will be reviewed and documented as part of this task. d. The overall drainage system, including the floor drains and the piping system in each parking ramp will be reviewed and documented. e. The lighting system, including fixtures, conduit, controls and distribution equipment in each parking ramp will be reviewed and documented. f. The signage system for vehicles and pedestrians will be reviewed and documented in each parking ramp. g. The public restrooms in each parking ramp will be reviewed for condition and deficiencies and will be documented. h. The architectural elements, such as the brick facing and the caps will be reviewed at each parking garage, and deficiencies will be noted and documented. Various miscellaneous elements on each parking ramp will be reviewed, deficiencies noted and documented. This task will include the snow chutes. 3. Quantify and prioritize the areas of each parking ramp that are in need of repair, define potential repair options, develop preliminary cost estimates and prepare a phasing plan for each parking ramp. 4. Provide a summary report of the field review, including a description of deficient areas, potential repair options and preliminary cost estimates. Identify a phasing plan that will address the deficiencies in each parking ramp and the availability of funding. It is anticipated that the summary report will be supported by pictures, rough sketches and marked -up plan sheets. New design drawings will not be developed as part of this report. 5. Conduct a review meeting with the CLIENT representatives to discuss the summary report and review findings. 6. Provide project administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, preparation of invoices and printing of the final report for distribution is included in this task. Phase II — Final Design and Preparation of Construction Plans and Specifications The scope of the final design and preparation of construction plans and specifications will be determined at the time the services are needed and defined under a future amendment to this agreement. Phase III — Construction -Related Services The scope of construction -related services will be determined at the time the services are needed and defined under a future amendment to this agreement. Construction -related services include construction staking, on-site field review, material testing and contract administration during construction. L:\work\ADMI N\AGREE\PROF\W atRa mpRepairs.doc Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT AI -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCI -TARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication Council Meeting: October 24, 2011 Prepared: October 19, 2011 Dept. Head Signature: Suzy Schares # of Attachments: 11 Cvt lam boli -la2z71— SUBJECT: Award of two-year contract with Matt Parrott/Storey Kenworthy Company for General Office Supplies, Printer Cartridge/Toner Supplies (Si. Paper Supplies. Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Approve resolution awarding two-year contract with Matt Parrott/Storey Kenworthy Company for General Office Supplies, Printer Cartridge/Toner Supplies & Paper Supplies; and authorize Mayor and City Clerk to execute said document. Summary Statement Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: The bids were received on September 26, 2011, After review of all bids received it was determined that Matt Parrott/Storey Kenworthy Company was the lowest overall bid for each category. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 0 Quill 120 S. Schelter Road Jincolnshire, IL 6006901 O) N 01 �®° C CO O r CO N N CO N N 0) V r r 0) N N 0)M rn I� 2.23 3.83 l 5.43 CO to �` rn GI CO oSS D m 0) V CO t� M l0 N 3 O) 0) i0 h w � Ol r 0 tO 0 4 r r r 030) r m CO. c6c1 60 CO O M M 0 V CO N Office Concepts, Ltd 319 Broadway Waterloo, IA 50703 M . O * e0 CO") r 0.29 M O O O N r 7.87 100 r )jam IMP '�i' V 1� 0 M V r h r 00)) N 3.48 I 4.58 O) CDD 00)) 0)) xr h O V r * 0000 coo0 0 00)) CO O) O) t0 ` r Ib, M i� 9 c —� N N - � a CO 001 10 CO 10 N- _. CO M i4 N O N O do f00 T N N 0.92 1 1.73 N N ,¢ 0 O co O 0) r Orn) N p — .� 0.54 I 0.76 M O +.s.1 a?u O 0) `yn' f ` r O co O) ry,V �} (A 42.33 LjV R' 0.08 r o O) N O r 0 co co M M -C c $ 0 o na_ rn) O (D c co . O r O CO a 44 0.0s 8.25u(1.) 0.12 N r M r ----":"Hatt O CO r 0. cki 6 , ri°\ 5.881 y 025 N O �4H'�'ft V__ co O yy c00 r m (O AA r N N V 100 l0 V V 0 r 0 O N N GENERAL OFFICE SUPPLIES Product Description (Please Indicate Substituted Item Names) (Adder & calculatorpaper, 2-1/4" white, 3" dia. roll, double -ply (end signal) (Adder & calculator paper, 2-1/4" x 150' white, 3" dia. Roll, single -ply (end signal) Binder clips, 1/2" V to" U N O C C m V vi U N O C_ m w U N O C 10 Binder cover, 9.5" x 11" (Acc54115) Binder cover, 11 x 8-1/2" side open, 2" cap, 8-1/2" C -C prong, prsbd Binder cover, 14 x 8-1/2" side open, 2" cap, 8-1/2" C -C prong, prsbd Binder cover, 14.8" x 11" (Acc54074) Binder cover, 8-1/2 x 14" top open, 2" cap, 2-3/4" C -C prong, prsbd Binder, 3 ring, 1" Stiff vinyl (ass't-blk, blue, green) Binder, 3 ring, 1/2", Stiff vinyl (ass't-blk, blue, green). Binder, 3 ring, 2" Stiff vinyl (ass't-blk, blue, green) Binder, 3 ring, 3" Stiff vinyl (ass't-blk, blue, green) Binder, EDP (data process) 11 x 14-7/8" pressboard, Burst Binder, Posts 10" nylon (for EDP Binder) Box, storage #1 check size (8" W x 4" H x 24" L) Liberty Bankers Box Box, storage Itr/Igl (12"W x 10"11 x 15"L) J (D N X = o x N_ O) C m co p f) X- 0 m Box, storage #12 IgUltr (15" W x 10-1/8" H x 24" L) Liberty Bankers Box Box, storage #13 invoice (10-1/8" W x 8-1/4" H x 24) Liberty Bankers Box Cassettes, 60 -min., dictation Cassettes, 90 -min., dictation Cassettes, 120 -min., dictation Cassettes, micro, 30 -min. Cassettes, micro, 90 -min. Correction fluid, LIQUID PAPER, white (.6 oz. bottle) Disks, compact, cd -r +/- Dividers, plastic, multicolor, big tab Dry -Erase Markers, ultra fine Dry -Erase Markers, broad N a = co N 0 x N V) O r D_ D W Envelope, catalog 7-1/2" x 10-1/2" sub 28 Envelope, catalog 9-1/2" x 12-1/2" sub 28 Envelope, cd/dvd Envelope, clasp 10" x 13" sub 32 Envelope, clasp 6-1/2" x 9-1/2 sub 32 ,C U C'� n a`69 9696969 36369-69696)6969-696969 6969-69696969636.3 »69696169«)69 »6»6969696969 Unit Pack N6 O O m a N r rn O. (� 01 a N rn O. N N6 m lea. 1 00000)0000000000)(110001000300000.0 N N@ N N6 N N N 6 6 N N N6 N 6 'N O .V N 0' f0 l0 t0 10 N O c 0 a) N 0 N Quill e.((.4 14.39iln1 0) O) CO M N N N CO O n r S.M CO N N O ,- V M CO 0) O O r N 5 O N h r CO O d N 0) N r r C, CO N.-: 03 CO r• N 6 O) r `�. �- r CO M co N V m h (') CO O] M N N m )U � N r CO r 0) 0) r r CO O 0) CO O -� 0.87 Ol M N CC lr M rf r 3 O 0) ('J o T M (p -, Office Concepts, Ltd 319 Broadway Waterloo, IA 50703 (� r r O 0 O O fh 0.20 In O (O N O t0 O O O 0 O r O) CO 0 O O O r CO O O N r r r r 44 CO N O CO O N CO O (V (O O) O M •'t r N C' '- pd 0.15 0.32 fj 0.24 r 7 O V r r 2.12 1.88 29.98 25.27 (O r to N 0 O t+) tO NS N r N O N CO r N r O O V O CO O O V CO O a tO N 0.65 Matt Parrott 1 O V O) 6 boar c r- V ( c n O O N CO. r 0) t0 N .=co N CO r 0) 0) (0 0 CO NN S CO O o'l o> d t, - (0 O (0 (0 0 O o tt)se5, —O O) 0) Oi CO CO \0c—Lo O) 0) : � 0) N r x O (p � 0 0) 0) 01 0) N O) N 6 (0 0) Ow 7�� . .^ lei r N O r co 0 O 0 (O r r 6, rNNO -- 0p 0) 0) 0 0) (0 ,-T CO 0) 0) 1'- 6 O) 0 0 M 0 rM c- O CO O N 9-,,5 O M 0) M O M N " N- V r M .4- O GENERAL OFFICE SUPPLIES Product Description (Please Indicate Substituted Item Names) !Elope, clasp 7-1/2" x 10-112 sub 32 !Envelope, clasp 9" x 12" sub 28 Envelope, clasp 9-1/2" x 12-1/2" sub 32 Envelopes, catalog, reds strip, 9 x 12, 28# Envelopes, clasp, 12" x 15-7d', sub 32 !Envelopes, coin, 2 1/4 x 3 1/2", 20#, !Envelope, #10, gummed Eraser, mechanical pencil, P22-1 - (4 per tube) Eraser, pencil cap, red chisel shape (fit std. Pencil) Eraser Grip, retractable eraser 'Eraser Sticks, replacements 'File pocket, legal size 5-1/4" expansion straight cut File pocket, letter size 1" expansion straight cut File pocket, letter size 1" expansion straight cut, yellow File pocket, letter size 1" expansion straight cut, blue File pocket, letter size 5-1/4" expansion straight cut Folder, file - legal size 1/3 cut (double top/heavy weight) Folder, file - letter size 113 cut (double top/heavy weight) Folder, file - letter size 1/3 cut, assorted colors Folder, hanging file - legal size 1/5 cut Folder, hanging file - letter size 1/5 cut N o i6) VI 0 00 Glue, super Label, file folder 3-1/2" x 19/32" white self-adhesive. sheets (252) Label, removable 4" x 2", white, self-adhesive, sheets (120) Labels, file folder, laser (AVE -5366) Labels, laser, 1" x 2 13/16" (AVE -6351) Labels, laser, address, 1"x2 5/8" (AVE -5160) Labels, notarial seals, metallic gold Labels, 1/2" black on white tape cartridge for label maker, dymo #45013 Lead for mechanical pencil,_5HB Lead for mechanical pencil, .5mm Lead for mechanical pencil, 7mm Marker, accent, broad chisel tip, (ass't fluorescent colors) (Avery Hi -Liters 240 series) Marker, Briteliner grip, yellow, hi -lighter Marker, permanent ink, broad chisel tip, Black (AVE -08-88B) Marker, permanent ink, jumbo Marker, permanent ink, Sharpie, black Unit Price O O Ui4i 19 Eft 69696963 ta 69. Ui 60. 6963696969 6969636969 t9t9 69E9M Eft 69 (9. 69 Y a U M G. w N X O a O N O N or X• .00 ¢ N 0 0 0 O (p N 0 0 0 W N 0 0 0 O) • Y Y O • N O O N r X X fl_a X fl box ea. 12/tube or p 0 M O o r N 0 CO W co N Quill 120 8. Scheller Road kj_incolnshire, IL 60069 44 co CO CO. p g O m COr N 6 N SSC,- c0—e• M m N h N 0) r N CO m N 3"1 �—�-lv�%'= LO r c CO CON N C>iy LO . M L0CO n M •�.c• V r CO V n C O O) 0) A 0) N M^` LO I� N I- V) N -�a 0) N 0) N m N . N 0) r . CO r . 0) 0) . N 23.99 0) COO 'U CO CO co CO (l N N Nr 1 N CO CO O . M N N N N CO r N N N Office Concepts. Ltd 319 Broadway )l Waterloo IA 50703. N CO O m CO d'O O NN N O m 6 ii 0.40 N O CO 6 CO r O CO N O 0.15 ' CO O V V O N r N r I CO r N r N r N r 2.60 lk 10.86 N N N N N r N6 CO N CO N N CO N N6 V0 CO 8.64 CO O) O CO 0)N m CO a Matt Parrott M V OmM 0) 0) m 0) CO 0) NGm W V 0) m My Cn C) NC C) W ICNr CO co CO m 0) N mNrOO CT co N m or h m r 4 0.79 4 0.79 . 0.79 0) r O 2.45 r CO MrrNOOOVV co V co V co M 0) 0) 0) CO T CO CO i-- CO C` - 4.58 r 4.58 0) N N 20.59 O O NONON O 0) O O O 0) O O GENERAL OFFICE SUPPLIES Product Description (Please Indicate Substituted Item Names) [Marker, permanent ink, Sharpie, assorted Pad, desk/doodle, non-fillable 22" x 17" white (spec. # of pages) I Pad, legal 5" x 8" junior size, canary, wide ruled, 50 sheets Pad, legal 8-1/2" x 11" letter size, canary, wide ruled, 50 sheets Pad, legal 8-1/2" x 14" legal size, canary, wide ruled, 50 sheets I Pad, legal 5" x 8" junior size, white, wide ruled, 50 sheets [Pad, legal 8-1/2" x 11" letter size, white, wide ruled, 50 sheets IPad, legal 8-1/2" x 14" legal size, white, wide ruled, 50 sheets Pad, message I Paper clips, #1 non-skid I Paper clips, #1 smooth [Paper clips, jumbo non-skid Paper clips, jumbo smooth O Ed 0 m a 0 Q U(0 U rn a 0 0 `0 a w tr. 6 - .0 c 0 a I Pen, ballpoint - fine - blue (plastic clip on cap) Bic Biro I Pen, ballpoint - fine - red (plastic clip on cap) Bic Biro ;Pen, ballpoint _medium - black (plastic clip on cap) Bic Biro '.. Pen, ballpoint - medium - blue (plastic clip on cap) Bic Biro Pen, ballpoint - medium - red (plastic clip on cap) Bic Biro Pen, ballpoint - medium - red (crystl) Bic Pen, ballpoint - medium - blue - Papermate X -tend Pen, ballpoint, ultra round stic grip, blue Pen, ballpoint, ultra round stic grip, black Pen, ballpoint, ultra round stic grip, red Pen, felt tip, blue Pen, felt tip, green Pen, felt tip, red Pen, gel roller ball, blue, retractable, Bic Velocity Pen, gel roller ball, black, retractable, Bic Velocity Pen, gel roller ball, blue, Uniball Pen, gel roller ball, black, Uniball 0) - m a a a a M c m a Pen, Hybrid blue gel Pen, Pilot G2-05 gel pen, black Pen, Pilot, G2-05 gel pen, black refills Pen, Pilot, G2-05 gel pen, blue. Pen, Pilot, G2-05 gel pen, blue refills Pen, Pilot, G2-05 gel pen, red Unit Price CO 69 69 63 63 63 w N. 69 w 09 69 N 69 69. 9 w (A fA 69 69 of N. 63 te. 69 68 68 N. N. w fA 69 69 69 69 Y C M 7 a N N 10 W N N N W N N tU lU N N N N U) 0 0 n 0 O r 0 0 n 0 O r 0 0 .O 0 O r x 0 -0 o.0 O r 0 0 NNN 0 0 a x 0 0 0 .0.0.0 0 0 0 0 n 0 0 .0 -.CCI---eq- x 0 a 0 0 .0 a 0 0 .0 N 0 0 n N 0 0 .0 N x 0 .0 N 0 0 a N 0 0 .0 N 0 0 .0 N 0 0 .0 N 0 0 a.0 0 x 0 0 n N N 0 0 a.0 N x 0 (rJ x 0 n N x 0 n.0 N x 0 W c Quill 120 S. Schecter Road N N r M N [ 12.00 15.52! 0 N c0 r V V rNrh N N a O O C\ )O (O r �V 0.83 1 MM N ON m M N Yl 2.38 N O] Nn` O] r 11.82 'k 0.74 [ 1.03 N O r mm O N O r ,44 m 4.12 [ 4 2.23 M N N N rmi M O N rIV 0.45 [ O.40 5.991'i m M M MM mm rd m r rh�MRNOrrr m M m 0.58[ 9.59[ r r r U r N ro O N N M N M M r t0 M r S ` CO M r 1--.030 M 64.-: N m O N NO O N O N MN m O N N N h M 4.751 y 0.58 1 m m '- 0 m O 0.82 2.23 1.27 2.yo 16.79 Office Concepts, Ltd 319 Broadway Matt Parrott N O Oy N m OSNOmmmrr M 0) V m m m m m m m r r O O 1.90 3.14 ` MN O M [ (1.Lk6 4.77 O O O V m iF N m N O m m m rr N N N d' m m m O NOJOOO N N N N N M GENERAL OFFICE SUPPLIES [(Please Indicate Substituted Item Names) Pen, Pilot, G2-05 gel pen, red refills Pen, Pilot, 02-05 gel pen, green Pen, Pilot, G2-05 gel pen, green refills Pen, Pilot, G2-05 gel pen, purple Pen, Pilot, G2-05 gel pen, purple refills Pen, refills, black, Pentel Hybrid Gel roller (PEN-KF6-A) Pen, refills, blue, Pentel Hybrid Gel roller (PEN-KF6-C) Pen, Stay -Put, 24" chain, black ink Pen, Stay -Put, refills, black ink [Pen, ultra -fine (Mastic point/metal clip) black - Bic Ultra Fine Pen, ultra -fine (plastic point/metal clip) blue - Bic Ultra Fine Pen, ultra -fine (plastic point/metal clip) red - Bic Ultra Fine Pencil, #2, soft [Pencil, #2-1/2, (2 5/10) medium_ [Pencil, #3 hard/firm [Pencil, Mechanical Pentel, .5mm Pencil, Mechanical Pentel, .7mm Pencil, Mechanical Bic N r U c W a POST -IT Notes, 1-1/2" x 2" POST -IT Notes, 3" x 3" POST -IT Notes, 3 x 5' POST -IT Notes, 3" x 5", lined Reinforcements, self-adhesive Ribbon, calculator, nylon, black/red (NUK-BR80C) Rubberband #19 Rubber bands (1/4 Ib. box) - #16 (2-1/2" x 1/32" x 1/16") Rubber bands (1/4 Ib. box) -#32 (3" x 1/32"x 118") Staples, #4 (long strip = 210) 1/4" STD _ Staples for Bostitch 540 Model, heavy duty, 1/2" Staples, for copy machine (CNM-0251A001AA) Tabbing, index 1/3 extension 5' per box/clear Tape, double -coated (2 -sided) 1/2" x 900" (small roll = 1" core) Tape, drafting 1/2" x 60 yd. (large roll = 3" core) Tape, scotch, magic (#6200) 1/2" x 1296" (small roll = 1" core) Tape, scotch, magic (#6200) 3/4" x 1296" (small roll = 1" core) Tape, shipping, 2" wide [Price 63636)69696363696969636363636963696969630969630369696363696363636369696949 +' 0 y innana O a x x 0 0 N N x x x 0 0 O N N N N 0 N N N 0 0 W x O nnn x x m O O Y nnnnaann0.o-0 N m m m m m Y Y Y Y Y N N N N N m Y N` x O M M M N N n O_ (1 W W x oo nn 00 OO N M N O O W 0 N x O M Y N N M M O• 0 0 0 0 M 0 XI Cr, O 0 CC FD v J O .5 ; N aj -c, 8 N C r v m J 0 y �O a3 h V A a O o m m d U M o Matt Parrott GENERAL OFFICE SUPPLIES U C' C u Ma N N TOTAL UNIT BID PRICE CILY Quill 120 S. Schelter Road Lincolnshire, IL 60069 OS QO OI (3) •`r TS Lb O N N CO ZJ' N N 0) O N by O) nCV O CO CO CO CO V CO V 0) OI 0) 'Cl- O u> V a) LO Office Concepts, Ltd 319 Broadway Waterloo, IA 50703 CO CO V Ch r * O V V ..-kO, CO N Ca O r- CO 0) Ol I'¢- 6.63 60.75 N (0 53.00 * 5.59 CO N V N N OI 4.58 4.58 4.58 CO '0 V 4.67 4.67 Y) V 4 v) V t() V 434 Lo. V v) V i 14.51 N V 44 Y) V 14.51_ t0 V Matt Parrott O a) • co o m r m (V r CJ V 48.12 (. 37.77 * 37.77 4 47.01 . 4.25 4.25 4.25 4.25 4.25 i0 N CO N i0 CO N L0 CO N N CO N h CO N i0 15.73 CO N CO N r CO N r' CO N - PAPER SUPPLIES Product Description (Please Indicate Substituted Item Names) Paper, 8-1/2" x 11", copier 'Paper, 8-1/2" x 11", copier Paper, 8-1/2" x 11", Universal Multicopy Paper, 8-1/2" x 11", Universal Multicopy Paper, 8-1/T x 14", copier Paper, 8-1/2" x 14", copier Paper, 8-1/2" x 14", Universal Multicopy Paper, 8-1/2" x 14", Universal Multicopy Paper, 11" x 17", copier Paper, 11" x 17", copier Paper, 11"x 17", Universal Multicopy Paper, 11"x 17", Universal Multicopy Paper, continuous, print-out, green -bar, 14-7/8" x 11" Paper, 8-1/2" x 11", colored paper, lilac Paper, 8-1/2" x 11", colored paper, pastel blue Paper, 8-1/2" x 11", colored paper, pastel yellow Paper, 8-1/2" x 11", colored paper, pastel green Paper, 8-1/2" x 11", colored paper, ivory Paper, 8-1/2" x 11", colored paper, light gray Paper, 8-1/2" x 11", colored paper, pumpkin Paper, 8-1/2" x 11", colored paper, hot pink Paper, 8-1/2" x 11", colored paper, lime Paper, 8-1/2" x 11", colored paper, cobalt blue Paper,8-1/2" x 11", colored paper, emerald green Paper, 8-1/2" x 11", colored paper, violet Paper, 8-1/T x 11", colored paper, marine blue Paper, 8-1/2" x 11", colored paper, turquoise Paper, 8-1/2" x 11", colored paper, rojo red Paper, 8-1/2" x 11", colored paper, lemon yellow 0 a c r. n a 6969 61 61 e» CO w(» e) e» w 6369 IA sea» u> w w e> w w fn wen x 'c m m 0. E o m r v..j4 E m 2 0 t cm) dream o t y f ro 2 co t (m) ream -rton ream c0 Cg c 0 C o N E E m 2 E d dream EEEEE m m m 0 2 2 2 2 2 dream E m 2 E m 2 E m N E to 2 E m m ream TOTAL UNIT BID PRICE 4 h `I1 / (I) v1 (�m'2 m.-�.-do N �-�- 10.49 10.49 10.49 4-- 30.23 umi, (`^o, N co nn"f (0 00 10.74 16.79 21.83 21.83 00000 0W0000 .ti �0 00 mm0m0 mid [OM .n0 (0 W10 C 0o.- 03 0 el 35.27 38.63 (07 M (7 N 0000 oi'- 170 oi Quill 120 S. Schalter Road Lincolnshire, IL 60069 v E iZ SoyPrint 1110. PO Box 1143 Yarmouth, ME 04096 25.00 5.50 29.99 27.99 10.00 10.00 10.00 0000000000000000 0 m r6 6r m m r tt-co m m m 0 m n.n m m aiM m ri Mrro 00m n�w^i 0 0 0 n mmmm0-001'.- 0 0 0 0 0 0 19.00 I 18.00 18.00 Kor'u X22.00 20.00 0000 °-v 20.00 16.00 22.00 18.50 N m CO� N V O �n(I 0 O 0 NJ' OI N N 0 N N M.,.-.- 0 VI 0 0 0 '- 0 O 000000000 (O'J ,- .n-.n-..- .n-- 00 O O(.� .-.- N N m 00000000 O N O O n O O O �0101`(O n a V) n 1 0 0 0 g yO CI M f) d d 0 0 00300001 0 d' m m 0 N ON 1 Office Concepts, Ltd 319 Broadway Watedoo, IA 50703 na0)mrr(00000(0 LOh m MN �'N O mmm _V(NM0001`n "lei-a- N YIN 0200800010 VIN yy n(71 m mO O�I)1OICNIanr.-1--' -6 0003 F` `V4- Y< O 0001100610 C 017 C) NN - �nl��til�rf�l�nNn M ek— NN nN N n NNN n NN trNN ON 0n 0 O 10.-.-,Dir kF4' g m N 21 -� -6f m 00010)0301-- 4,rk N 0 M 102 ' * °e v m 240.4 m N N nmm00m0mmmmei (00( 6000000 'rr 60600 r f'.-.-'.-'N N mmm0m00mmm0mmn'mmmmmmmmmn 2010 0Oi000Oi00103(12 in t .r) N k& to in 44 VIN 44 y 74e74 0 0 0 m t7107(N70107 m 0 :a: 0 0 0 0 N 007 Nm r IKON Office Solutions 16253 Swingley Ridge Chesterfield, MO 63017 6 co ON g41 7.50 11.50 t �. 1r 12.50 Ann It 11.50 N N 6 Nn: N 111 ${OJy�L}1i6 NCq{{SIC l00n INK CARTRIDGEITONER SUPPLIES Product Description (Please Indicate Substituted Item Names) _ Ink cartridge, Canon (BC -02) Ink cartridge, Canon (EP52) J cartridge, Epson #8750 iet cartridge, Epson Sylus 740 (EPS -5020189 / black) iet cartridge, Epson Sylus 740 (EPS -S020191 / color) iet cartridge, Epson Stylus (EPST032120), black iet cartridge, Epson Stylus (EPST032220), cyan iet cartridge, Epson Stylus (EPST032320), magenta iet cartridge, Epson Stylus (EPST032420), yellow et cartridge, Epson Stylus (EPST044220), cyan iet cartridge, Epson Stylus (EPST044320), magenta et cartridge, Epson Stylus (EPST044420), yellow et cartridge, Epson Stylus (T044520), color multi-pak et cartridge, Epson Stylus C84 (T043120), black et cartridge, Epson Stylus 088 (70601), black et cartridge, Epson Stylus C88 (70602), cyan et cartridge, Epson Stylus 088 (70603), magenta et cartridge, Epson Stylus C88 (T0604), yellow et cartridge, Epson Stylus (EPS T060120), black et cartridge, Epson Stylus (EPS T080220), cyan et cartridge, Epson Stylus (EPS 7060320), magenta et cartridge, Epson Stylus (EPS 7060420), yellow Ink Cartridge, HP (C8727AN), black, #27 Ink Cartridge, HP (C8728AN), color, #28 Ink Cartridge, HP (C8728AC), color Ink Cartridge, HP (09450A) grey, #70 Ink Cartridge, HP (09451A) light grey, #70 Ink Cartridge, HP (09453A) magenta, #70 Ink Cartridge, HP (09454A) yellow, #70 Ink Cartridge, HP (09455A) light magenta, #70 Ink Cartridge, HP (09456A) red, #70 - _-- Ink Cartridge, HP (C9457A) green, #70 Ink Cartridge, HP (09458A) blue, #70 Ink Cartridge, HP (C9459A) gloss enhancer, #70 Cartridge, HP (09390A) light cyan, #70 et cartridge, HP (51645A), black, #45 et cartridge, HP (HEW -51626A), black #26 -- et cartridge, HP FAX (HP 51629A), black #29 et cartridge, HP (51641A), color #41 et cartridge, HP (C1823D), color #23 et cartridge, HP (06578D), color#78 et cartridge, HP (C6615DN), black #15 et cartridge, HP (06625A), color #17 et cartridge, HP (C6656AN), black #56 et cartridge, HP (C6657AN), color#57 et cartridge, HP (C8728AN), color#28 et cartridge, HP (08771), cyan 402 Y Y Y Y Y Y Y C Y Y Y cccacccocc Y Y Y Y Y Y ?g q 0 0n.vvmvvv vv 0 . 0 0 vv00vvvOmm 6n0 0 0 0 0 me •. Omvmvmm 0 0 n 0 0 0 v N N N onini Em 0 5 00: y= o3 z2 ON YT 0 INK CARTRI 2 0 M (Mv 0' 000i co 0) nr ninn +8V— NNNry 0) h.b-N� to O. O. mm <m n 0) v (V.0 ov o� Oi`b'f - N N00 .- N . NNN.- N NN 0(0 T INO INO coN �0 00.. ON o N N N obb00O N IO h 10 (0 000 co 9.50 9.50 9.50 14.50 15.50 16.50 16.50 12.75 18.00 20.00 74.99 87.00 70.00 74.00 74,00 74.00 70.00 74.00 74.00 74.00 opoP �p8O-n .-NNNr oyy PoP oommrnrn P'000 85.99 85.99 105.00 105.00 105.00 105.00 108.00 239.99 000000 sod O„.-- 0) 379.99 115.00 124.00 124.00 124.00 49.00 58.30 62.00 58.00 58.00 0 i 'dddv0o0PN(n,)n 00000 0 0 0(0 CO CO n m I,- m b n n na1MIY CON 01(010017 "" 001000010n nNv NMN NNNx-N r v v(n.)i-Nn 0 0 P N n n n b 0NNOONONi_MC)ne).- Mnn) -^^Nn N0M0,-- nn')O1omm'0Nn b m 0 (M0 o cid N i<Rnn� N NN NY 00010N,00mV Vt0)Y. yPMM)ON001000N O`NO bO OnI-I: d 0 n h ,-�.-� Y b 0 0 010 b b ac**44 )4*4,4p*4�44A y 000TThn01 n .- N4)444*NPPP4 n n 0000hm .00100 n n 0 n n h b a n N NNOO o 0-0NN o o N00)i '0d m 1(00((00. ' ' o n n (O n n .4 44( ....ma n 01 a '0 a M 7 000 bNV)NONOiN rnn0�"b{0 !00rnOn O 7 N M 0 N N 7 7" 00000_O .-.- 72 7 0' oo0 *74.50 100.49 74.50 98.99 OiV a 74.50 98.99 Om,„ 74.50 98.99 52.50 117.99 44_ 200.99 0000000000 326.99 78.50 119.99 Ory 78.50 119.99 78.50 119.99 pO' A- 78.50 119.99 Mn0n 000 0000 0 YiV 000 CPd 7.50 7.50 7.50 7.50 'ADA A- 10.50 711)V\ .yr; 11.50 N,y\ -Ir 9.50 v,9v\ * 11.50 mrkA, A> 9.50 ywyY R 10.50 ytgprr de 10.50 HO`A 14- 27.50 y\0mtY 61.50 Y\AW\A: 61.50 hpy04- 61.50 I onk * 61.50 y\prt ? 61.50 morn A- 61.50 M.* 61.50 v,rm.k 61.50 awl 11- 79.50 ..,106.50 106.50 0 N 01 1 jet cartridge, HP (08772), magenta #02 iet cartridge, HP (08773), yellow #02 -- iet cartridge, HP (08774), Icyn #02 iet cartridge, HP (08775), ha #02 'et cartridge, HP (0935 -IAN), black #21 et cartridge, HP (C9352AN), color #22 et cartridge, HP (CB335WN), black#74 et cartridge, HP (C8337WN), color#75 et cartridge, HP (C9362WN), black #92 et cartridge, HP (09361 WN), color #93 et cartridge, HP (C9369WN), photo #99 oner, Canon (CNM-4234A003AA) Toner cartridge, BRT Laser Printer HL 5240 (TN550 / black) Toner cartridge, HP (6000A), black Toner cartridge, HP (6002A) yellow Toner cartridge, HP (6001A) cyan Toner cartridge, HP (6003A) magenta Toner cartridge, HP (6000A) black Toner cartridge, HP (6002A) yellow Toner cartridge, HP (6001A) cyan Toner cartridge, HP (6003A) magenta Tner ocartridye, HP (HEW4o -.cor) black • Toner cartridge, HP (HEW-CE251A) cyan Toner cartridge, HP (HEW-CE252A) yellow Toner cartridge, HP (HEW-CE253A) magenta Toner cartridge, HP (HEW-0E255A) black Toner cartridge, HP (HEW-CE255X) black Toner cartridge, HP (CLP510D3K) black I oner cartridge, HP (CLP510D2Y) yellow Toner cartridge, HP (HEW-CC53OA) black Toner cartridge, HP (HEW-CC531A) cyan Toner cartridge, HP (HEW-CC532A) yellow Toner cartridge, HP (HEW-CC533A) magenta Toner cartridge, HP (HEW -07551A) black Toner cartridge, HP (HEW-CE270A) black Toner cartridge, HP (HEW-CE271A) cyan Toner cartridge, HP (HEW-CE272A) yellow Toner cartridge, HP (HEW-CE273A) magenta Toner cartridge, HP (HEW -06470A) black Toner cartridge, HP (HEW -06471A) cyan Toner cartridge, HP (HEW -06472A) yellow Toner cartridge, HP (HEW-Q6473A) magenta Toner cartridge. HP (HEW-C7115A) black Toner cartridge, HP (HEW -07115X) black Toner cartridge, HP (HEW -06540A) black Toner cartridge, HP (HEW-C8541A) cyan Toner cartridge, HP (HEW-C6542A) yellow Y Y ===========i ry ry v a gig 0 N v v 0 u u mlm 0 w u v v 0 m in m o) 01 a 0 a v 0 0 0 L a 0 a 0 0 0 v 0 N u 0 v 0 '312 0 O. INK CARTRIDGERONER LL III II III 1 11 1 I I I ill 11 II! 82.00 82.00 293.00 293.00 293.00 74.00 74.00 74.00 74.00 70.00 I 137.50 86.90 118.00 118.00 69.00 48.00 91.30 168.00 293.00 293.00 293.00 85.99 46.00 1 Hi IIII 11111111 1 CO 0 Oa ill IV i I- 1 It Eg83 r'Si_ 81F, 1 gm,* 112.50 ,neAA% 112.50 yrpgr 112.50 __L\ fM1* 61.50 yvv.#- 61,50 A)"A la 61.50 111111111 41 Wrigk * 65.50 v,rN37.50 1 y 72.50 _NI.A sF 72.50 _1114 III " bkciA 31.50 Agin yr? 93.50 26.50 Toner cartridge, HP (HEW-C8543A) magenta Toner cartridge, HP (HEW-CC364A) black Toner cartridge, HP (HEW -04191A) black Toner cartndge, HP (HEW-C4192A) cyan Toner cartridge, HP (HEW-C4193A) magenta Toner cartndge, HP (HEW-C4194A) yellow Toner cartridge, HP (C9730A) black Toner cartridge, HP (C9731A) cyan Toner cartridge, HP (C9732A) yellow Toner cartridge, HP (C9733A) magenta Toner cartridge, HP (HEW -06000A) black Toner cartridge, HP (HEW -06001A) cyan Toner cartridge, HP (HEW-Q6002A) yellow 8282 Toner cartridge, HP (HEW-Q1339A) Toner cartridge, HP (02610A) 82 toner cartridge, HP (HEW -02671A) Toner cartridge, HP (HEW-Q2673A) 88 oner cartndge, HP (HEW -3903A) Toner cartridge, HP (HEW -3906A) 8222 1 oner cartridge, HP (HEW -92298A) Toner cartridge, HP (HEW-C7115A) !t Toner cartndge, HP (05949A) Toner cartridge, HP (09730A) black Toner cartridge, HP (C9733A) magenta Toner cartridge, HP (09732A) yellow Toner cartridge, HP (C9731A) cyan Toner cartridge, Samsung (SASCLP510020) cyan Toner cartridge, Samsung (SASCLP510D2M) magenta Toner cartridge, Samsung (SASCLP510021) yellow Toner cartridge, Samsung (SASCLP51002K) black Toner cartridge, Sharp (MX27HTBA) black Toner cartridge, Sharp (MX27NTCA) blue Toner cartridge, Sharp (MX27NTYA) yellow Toner cartridge, Sharp (MX27NTMA) red Toner cartridge, 3 -Cartridge for Cannon Faxphone Model L170 (CNM-FX8) Toner cartridge, fax, Brother (TN 250) Toner cartridge, fax, Brother (TN 430) m s-cr rc g a N WJ m 0 O 8 0 O INK CARTRIDGE/TONER SUPPLI 0e a N m l n 0 O 0 0 0 K S 0 0 F M C 6 0 0 TOTAL UNIT BID PRICE STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1367808 NOTICE OF CANCELLATION OF COUNCIL notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 11/09/2011, in the issues of 11/09/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $7.13 Signed Subscribed and sworn to before me this /1 day of otary Public % 17)0 SUE ALANIZ COMMISSION NO.761976 MY 6,OION EXPIRES Received of the sum of in full for publication of the above invoice. Dollars Notary Seal: NOTICE OF CANCELLATION OF COUNCIL MEETING OF THE CITY OF WATERLOO, IOWA Notice Is hereby given that the regular meeting of the City Council of the City of Watedoo, Iowa ached led for Monday, November 28, 2911 and'Monday. De camber 6, 2011 at 5:30 p.m in the Council Chamberssin,Citl ,all in the City of Waterloo, lows, has, beeo.oancelled due to the Thanksgiving and Christmas holidays By order of the Council of the City of Wa- terloo this 24th day of October, 2011 Suzy Schares ....City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Cku‘ta : ioi,q(po,, CITY OF WATERLOO G' tib f1 - 4. 2-6« —/62,4 Council Communication City Council Meeting: October 24, 2011 (----- Prepared: October 20, 2011 `.--- 04-"(..1.) Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution for approval of Assignment and Assumption of the current Development Agreement from Lee Enterprises, Incorporated to FDP OC, L.L.C., for property generally located at 501-503 Commercial Street. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving agreement Summary Statement: As you may recall, the City of Waterloo entered into a Development Agreement with Lee Enterprises dba The Courier back in 2005 for the expansion of the warehousing project. As a part of that agreement, the developer was given tax rebates for the added value of the project. The property is in the process of being sold, this agreement will allow the new owner, FDP OC, LLC, to receive the benefits of the development agreement. The development agreement states that such assignment is eligible, and this document will work to clarify the City of Waterloo's approval of such assignment. Expenditure Required: No additional funds from previous agreement Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The warehousing project was approved back in 2005, with the stipulation that the addition is bricked over within a 7 -year timeframe (August 2012). The agreement to be approved would not change any provisions of the development agreement, other than the party able to receive the tax rebates and other benefits of the development agreement. No other portions of the development agreement are to be changed by this action. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by and return to: Michael A. Koury, Esq. 5505 Victoria Avenue, Suite 100 Davenport, Iowa 52807 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (this "Assignment") is entered into this _ day of , 2011, by and between LEE ENTERPRISES, INCORPORATED, a Delaware corporation ("Assignor"), FDP OC, L.L.C., an Iowa limited liability company ("Assignee"), and the CITY OF WATERLOO, IOWA, an Iowa municipal corporation ("City"). WHEREAS, Assignor is a party with the City to that certain Development Agreement dated August 18, 2005 and recorded with the Black Hawk County, Iowa Recorder on June 8, 2006 as Document No. 2006-29331 (the "Development Agreement"). WHEREAS, Assignor has or will in the near future transfer the property subject to the Development Agreement to Assignee, and in connection therewith, Assignor desires to assign to Assignee and Assignee desires to assume from the Assignor all of the Assignor's interest in the Development Agreement. WHEREAS, Assignee desires that the City consent to this Assignment. NOW, THEREFORE, for good and valuable consideration paid by Assignee to Assignor and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all parties hereto, the parties hereto agree and contract as follows: 1. Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee all of the Assignor's right, title and interest in and to the Development Agreement, and Assignee hereby assumes same. 2. The City hereby consents to this Assignment and the terms and provisions set forth herein. The City agrees and certifies to Assignor and Assignee that Assignor is not currently in default under the Development Agreement in any respect. The City further agrees and certifies to Assignor and Assignee that any and all improvements and development of real estate and buildings referenced in the Development Agreement (and the exhibits thereto) that were required to be performed before the date hereof have been performed in full by Assignor. Except as set forth in this paragraph, the Development Agreement remains in full force and effect. 3. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed as of the day and year first above written. LEE ENTERPRISES, INCORPORATED By: Print Name: Its: FDP OC, L.L.C. By: Print Name: Rodney A. Blackwell Its: Manager CITY OF WATERLOO, IOWA By: Ernest G. Clark Its: Mayor Attest: By: Suzy Schares Its: City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 10 Prepared: 10/18/11 Dept. Head Signature: `, # of Attachments: ,54 u/ fbt( SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and request to receive and open the proposals for the Request for Proposal for Demolition and Site Clearance Services (no -regulated asbestos - containing materials) Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, and set the date of hearing and bid opening as November 7, 2011. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Preliminary approval of the plans, specifications, form of contract, etc. and set a date of hearing and bid opening as November 7, 2011. Summary Statement: Expenditure Required: to be determined Source of Funds: FEMA Public Assistance (PA) Project WorksheetO2RJD73 Policy Issue: Demolition and site clearance of properties acquired as part of the HMGP Property Acquisition Project Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: October 19, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: CHANGE ORDER NO. 1 Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: To request the City Council approve and authorize the Mayor to sign Change Order No. 1 in the amount of Three Hundred Ninety dollars and 00/100 ($390.00) for work being done by Prairie Construction Co. Inc. of Waterloo, Iowa for the 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES, 327 W. 3RD St., Waterloo, Iowa. Summary Statement: This add is cost related to additional locations for installing of wood blocking and sheet metal covering. Base Bid $78,900.00 Change Order No. 1 $ 390.00 Total $79,290.00 Expenditure Required: Source of Funds: Funding for this Change Order No. 1 is available through City Bonds and WDC allotment from Black Hawk County Gaming Association. Policy Issue: NA Alternative: NA Background Information: Original Contract approved by Council and signed July 18, 2011. CAT Grant completion date by 10/1/11. CITY OF WATERLOO Council Communication City Council Meeting: October 24, 2011 Prepared: October 19, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 4 SUBJECT: CHANGE ORDER NO. 4 - $174,980.00 INCREASE F.Y. 2010 CEDAR RIVER WA I ER 11tAIL CON I'1tACT NO. 734 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute and return to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 4 in the amount of $174,980.00. When the contractor began working on the 7`s Street Portage, the existing rock elevation was not found at the estimated elevation. The contractor went approximately 2' deeper to see if the rock could be found. At that depth, the rock was not found, and at that depth there was some worry about undermining the tall concrete Riverwalls that we are adjacent to. Because of this, AECOM has completed a redesign of the wall using sheet piling as the foundation to the wall. Expenditure Required Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: The Supplemental Professional Services Agreement for AECOM for design and for additional inspection required due to the change in the wall type and shall not be exceeded without authorization of the City was approved at the September 6, 2011 Council meeting. Form 830240wd 7/00 1.8!% Iowa Department of Transportation Non - Change Order Part Part Non -Substantial: ® ❑ No. 4 Substantial: ❑ D 10 / 3 /11 Contract Accounting ID No.: N/A (Project Locally Let) County Black Hawk Concurrence Date Project No: NRT-NT08(1)--90-07 Kind of Work: P.C.C. Trail Date Prepared: 10-03-11 Contractor: Vieth Construction Corporation You are hereby authorized to make the following changes to the contract documents. A - Description of change to be made or extra work to be done: 8006 — Additional Removals 8007 — Causeway Changes 8008 — Additional Supervision/Overhead Work 8009 — Additional Structural Concrete 8010—Additional Reinforcing Steel 8011 — Additional Mobilization 8012— Sheet Pile — Provide and Install B — Reason for change or extra work: The City of Waterloo has determined to do additional footing repair work on the existing riverwal Is between 5th and 601 Streets. 8006 — Work shall include all removals necessary to provide adequate depth for new topping course. 8007 —Work needed to adjust causeway to complete full and partial depth repairs to existing riverwalls. 8008 — Additional time required to superintend and oversee the additional construction/ 8009 — Work shall include all additional structural concrete needed to complete the added repairs 8010— Work shall include all additional reinforcing steel needed to complete the added repairs In order to complete the 7'" Street Portage, a revised design involving driven sheet piling was required because the existing rock surface was much lower than was estimated for the original design. 8011 — Additional mobilization is required to mobilize specialized equipment needed to drive sheet pile. 8012 — Work shall include providing and installing sheet piling in accordance with the revised plan details. (Continued on reverse side) Approved City of Waterloo, IA Date Director, Office of Systems Planning Date Project Engineer Receipt is acknowledged of this change or extra work and terms of settlement are hereby agreed to. Approved contingent upon funds being available under the existing project agreement or upon additional Federal -aid funds being made available by a modified project agreement. Date For the Division Administrator Federal Highway Administration Date Contractor By Date Approved Assistant Construction Engineer Date DISTRIBUTION: Project Engineer— Forward original to District. District—Norsubstantial— Fad original and one copy to the Office of Constriction and two copies back to the Project Engineer. - Substantial - Forward original and two copies to the Office of Construction. C-1 —Settlement for cost of work to be made as follows: 8006 — Contractor wil 8007 — Contractor wil 8008 — Contractor wil 8009 — Contractor wil 8010 — Contractor wil 8011 — Contractor wil 8012 — Contractor wil be paid a lump sum price of $17,500. be paid a lump sum price of $3,850. be paid a lump sum price of $2,450. be paid $1,185 per CY of structural concrete placed. be paid $1.85 per pound of reinforcing steel be paid a lump sum price of $15,000 be paid $515 per LF of sheet piling installed. Accounting ID No.1 111 (Project Locally Let) Change Order No. 4 C-2 — Justification for cost(s) 8006 — Amount of removals is approximately double the original bid quantity. The original bid price for removals was $20,000. 8007 — The original price for installation of the causeway was $27,500. The lump sum price provided by the contractor appears reasonable based on the original price, and the work required to move the causeway to allow the repair work to be completed. 8008 — The contractor will be required to provide substantial additional oversight of subcontractor completing the work, as well as considerable estimating time for this additional work. 8009 - The structural concrete price for this change order work appears reasonable in comparison to the original bid price of $1,085. 8010 — The reinforcing steel price for this change order work appears reasonable in comparison to the original bid price of $1.60. 8011— Prime contractor for this job requested quotes from two subs for this work. The lump sum mobilization price appears reasonable for bringing in specialty equipment to the job site. 8012 — Prime contractor for this job requested quotes from two subs for this work. The per LF price appears to be within reason for the work required, particularly considering the short pile lengths. 30 additional working days will be added to contract for this work. D — ITEMS INCLUDED IN CONTRACT If Credit Add "CR" Change No. Line Item Number Unit Price .xxx Quantity .xxx Amount .xx 7 TOTAL If Credit, Add "CR" ChangeItem No. Description Item Number Function ode Cn Unit Price .xxx.xxx Quantity Amount 8006 Additional Removals 34 410 1.00 17,500.00 17,500.00 8007 Causeway Relocation 35 410 1.00 3.850.00 3,850.00 8008 Additional Review 36 410 1.00 2,450.00 2,450.00 8009 Additional Structural Concrete 37 410 1,185.00 27.00 31,995.00 8010 Additional Reinforcing Steel 38 410 1.85 1,000.00 1,185.00 8011 Mobilization 39 410 1.00 15,000.00 15,000.00 8012 Sheet Piling 40 410 515.00 200.00 103,000.00 TOTAL 174,980.00 From: Wiele I arry To: aching Subject: FW: Portages - Extra Work Date: Friday, March 04, 2011 9:30:00 AM Attachments: Additional Work Portaaes.ndf From: Wiele, Larry Sent: Monday, November 22, 2010 9:37 AM To: 'Tony Vieth' Cc: 'JAMIE KNUTSON'; Dunakey, Mat Subject: Portages - Extra Work Tony Please submit a price for the following work. If this work can be done under the existing bid items/prices for structural concrete and structural steel, that would be advantageous. The additional removal price would then be paid as a lump sum price, with increased quantities for the concrete and steel. Per the attached drawing provide an additional 282' of full depth repair in accordance with Revised Section K -K, as issued in addendum #1, except that removals shall be accomplished to provide a minimum slab thickness of 4", and a maximum rise over existing footing height of 2". Per the attached drawing provide 120' of partial depth repair. Partial depth repair shall consist of removing all unsound concrete and additional sound concrete as needed to provide a minimum 2" surface topping course. Provide a 2" resurfacing of footing with product specifically designed for such application. Please provide recommended material information for approval prior to submittal of price. Please note all dimensions are approximate, and will be adjusted slightly to match field conditions. City reserves the right to reject the partial depth repair altogether, accept the partial depth repair price, or replace the partial depth repair with full depth repair at the per lineal foot full depth repair price. No wall repair prices are being requested at this time. If there are any questions, or if you would like to review the site with Matt or myself prior to pricing, please let me know. Larry Larry Wiele, PE Transportation • - - , ��":. 'PARTIAL DEPTH . REP • I . _ • I •• . ' PARTIAL DEPTH " REP/A 0 N N 0 BENT BAR DETAILS 0 N Z O In LO IAU W O N I- 0 O O U • o >- r ▪ n w d t - V 1 yY d CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. August 26, 2011 Carnegie Conference Room Members Present: Tim Luce, Bonetta Culp, John Blitsch Member Excused: Abraham Funchess (ex officio) Others Present: Mark Rice, Larry Smith, Brian Rath, Huddleston Moved by Blitsch, seconded by Culp to approve the August carried. Moved by Luce, seconded by Blitsch to approve the May 5, 2011 Minutes. Motion carried. Todd Derifield, Craig Clark, Cheryl 26, 2011 Agenda as mailed. Motion Blitsch noted a typo in the narrative on Sewer Maintenance Worker on the June 9, 2011 Minutes — should say "3" white males on the Reserve List instead of 2. Moved by Blitsch, seconded by Culp to approve the June 9, 2011 Minutes as corrected. Motion carried. Moved by Luce, seconded by Blitsch to approve the July 7, 2011 Minutes. Motion carried. UNFINISHED) BIJSINFSS The Civil Service List for Equipment Operator II — Street Department was presented for approval. The Human Resources Committee on 4/4/11 approved beginning the Civil Service promotional process. The Civil Service Commission on 9//7/11 approved the job description and testing criteria. There is a vacancy due to a retirement. The position was posted in all City Departments and 4 employees submitted a resume, took and passed an equipment test on 8/4/11. Bob Morelock-Street Foreman, Todd Derifield-City Forester and Cheryl Huddleston -Human Resources Manager interviewed them on 8/11/11. All candidates passed and there is a Civil Service List with 4 white males. We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator 11 for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next two years (August 26, 2011 — August 25, 2013). CERTIFIED I.LST Richard Felderman Matthew Schafer Randy Eckhoff Clint Bagenstos Motion carried. The Civil Service List for Plant Maintenance Mechanic — Waste Management Services was presented for approval. The Human Resources Committee on 6/6/11 approved beginning the Civil Service process. The Civil Service Commission on 6/9/11 approved the job description and testing criteria. There is a vacancy due to a retirement. The position was advertised in the Courier, notices were sent to the agencies, organizations and individuals on the Affirmative Action List, posted on the City Website, on the cable access channel and in all City departments. We received 12 resumes. One candidate withdrew and 5 were invited to interview. Panel members were Kent Quin—Instrumentation Control Foreman from Waste Management, Dick Olson -Maintenance Foreman from Waste Management and Mary Peterson -Human Resources Secretary. One candidate cancelled their interview and 3 candidates did not pass the interview. There is a list with 1 white male. We, the members of the Civil Service Commission, cert the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department. List shall exhaust upon appointment. CERTIFIED LIST Larry Levendusky Motion carried. NEW BUSINESS The job description and testing criteria for Park Maintenance IUForestry-Leisure Services was presented for approval. The Human Resources Committee approved the position on 7/18/11. There is a vacancy due to a transfer. There have not been any changes in the job description and testing criteria. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Park Maintenance IUForestry-Leisure Services. Motion carried. The job description and testing criteria for Permit Writer -Building Inspections was presented for approval. The Human Resources Committee approved the position on 7/18/11. There is a vacancy due to a promotion. The new department head has changed the job title from Permit Writing Specialist to Permit Writer and has reworded the job description to more accurately reflect the job duties. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Permit Writer -Building Inspections. Motion carried. The job description and testing criteria for Draftsperson -Engineering was presented for approval. The Human Resources Committee approved the position on 7/25/11. There is a vacancy due to a retirement. There were only minor changes in the job description. Moved by Culp, seconded by Blitsch to approve the job description and testing criteria for Draftsperson -Engineering Department. Motion carried. The job description and testing criteria for Electrical Foreman -Traffic Operations was presented for approval. The Human Resources Committee approved the position on 8/8/11. There is a vacancy due to a retirement. This is an entirely new job description since the position has not been vacant for 20 years and there have been many technological changes in that period. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Electrical Foreman -Traffic Operations. Motion carried. OTHER RITSINESS None With no further business, moved by Culp, seconded by Blitsch to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Wada QUENTIN M. I-IART Ward 4 RON W ELVER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 ROBERT C. STRINGER • Human Resources Director October 17, 2011 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Electrical Foreman for the City of Waterloo, Iowa Traffic Operations Department. Appointment(s) shall be made from this list for the next two years (October 17, 2011 — October 16, 2013). CERTIFIED LIST Roger Wooden Tina Schellhom Respectfully submitted, Tim Luce Date /c" Bonetta Culp Date CS LIST ELECTRICAL FOREMAN 1 I CITY WEBSITE: www.cityofwaterlooio a.com Dat WE'RE WORKING FOR YOU! ....nm--...,i..n nMlnn F mn InvPr Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT' At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 ROBERT C. STRINGER • Hamm Resources Direciur October 17, 2011 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil Service Commission certify a promotional list of two for Electrical Foreman -Traffic Operations. mest (Buck) Clark, Mayor andie Greco, Tra fic Operations Superintendent CITY WEBSITE: www.cityofwatertooiowa.com www.eityofwatertooiowa.com WE'RE WORKING FOR YOU! Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD Ai -Large STEVE SCHMITT AI -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 ROBERT C. STRINGER • Hunan Resources Director' October 17, 2011 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Permit Writer for the City of Waterloo, Iowa Building Inspections Department. Appointment(s) shall be made from this list for the next year (October 17, 2011— October 16, 2012). CERTIFIED LIST Roger Iveson Steven Sturtz Robert Letzkow Teny Maxfield Alan Trebon Joshua Hauser Nicholas Hellman Paul Klapperich Respectfully submitted, 7o--(7-(7 ohn Blitsch Date Bonetta Culp CS LIST PERMIT WRITER 11 Date CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELDER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 ROBERT C. STRINGER • Human Resources Director October 17, 2011 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Park Maintenance 11 -Forestry for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (October 17, 2011 — October 16, 2012). CF,RTIFIFD 1 JST Kyle Bauch Phillip Thompson Respectfully submitted, /477— rl qJ it is Date /John Blitsch D to Bonetta Culp CS LIST PARK MAINTENANCE II FORESTRY 11 Date CITY WEBSI 1E: www.cityofwaterlooiowa.com WE'RE. WORKING FOR. YOU! Board Approval / Council Approval /"' /! MINUTES COMMUNITY DEVELOPMENT BOARD MEETING SEPTEMBER 20, 2011 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, September 20, 2011. Members present: Amber Boyd, Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Kenneth Adderley. Also present: Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Steve Schmitt, Council Liaison; Ann Northey, Administrative Secretary; and Tim Jamison, Waterloo -Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed out and asked for additions or corrections to the agenda. It was moved by Mickye Johnson and seconded by Bob Reisinger to approve the Agenda as mailed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON AUGUST 16, 2011. It was moved by Bob Reisinger and seconded by Jeri Thornsberry to approve the minutes for the regular meeting on August 16, 2011. Motion carried. C. PUBLIC HEARING. Citizen Input on the FY2011 Consolidated Annual Performance and Evaluation Report (CAPER). It was moved by Bob Reisinger and seconded by Mickye Johnson to receive and place on file the affidavit for proof of publication for the Notice of Public Hearing published in the Waterloo Courier on Tuesday, August 30, 2011. Motion carried. Chairman Johnson inquired about the advertising for the hearing. Rudy Jones indicated a legal ad was published and the notice was also posted on the City's current news page, as well as Community Development's website. Nancy Gulick reported that as of this date, no comments were received from the public. It was moved by Jeri Thornsberry and seconded by Mickye Johnson to open the public hearing. Motion carried. Chairman Johnson noted no citizens were present for the public hearing. Minutes September 20, 2011 Page 2 It was moved by Bob Reisinger and seconded by Mickye Johnson to close the public hearing. Motion carried. Chairman Johnson indicated the next step is to submit the Consolidated Annual Performance and Evaluation Report to the City Council. It was moved by Mickye Johnson and seconded by Gary Rankin to submit the CAPER to the City Council for approval on September 26, 2011 and final submission to HUD. Jeri Thornsberry acknowledged the good work Nancy put into this document and noted from her perspective it was very informative and well done. Jeri Thornsberry inquired about ethnicity reporting from Eye of the Needle. Nancy Gulick noted HUD requires us to provide ethnicity status on clients served. With no further comments, Chairman Johnson asked for a voice vote. Motion carried unanimously. OLD BUSINESS. 1. Neighborhood Stabilization Program — Round 3 Update. Rudy Jones reported we have inspected the vacant housing units on Lafayette Street to evaluate them. It has been determined that 915-917-919-927 and 1021 Lafayette will all be demolished. 1013 Lafayette Street is the only property that will be feasible for rehabilitation. Rudy noted demolition contracts will be drafted and we will begin the request for proposals for developers to provide new construction on these sites once they are cleared. We will be scheduling this activity for Spring 2012, if not sooner. We will need Board input when we begin to develop proposals for the new construction. Jeri Thornsberry inquired if there was any recovery of usable items such as brick, etc. from the demolition of these homes? Rudy Jones stated some materials are salvageable and this was a major topic of discussion at a recent training. We may be able to partner with other entities. Habitat for Humanity has an online store for useable items. 2. Low Interest Loans for Rehabilitation and Emergency Repairs Program — Final Recommendation. Chairman Johnson indicated this item concerns our new policy for low interest loans. He noted discussions were held over the last few meetings and staff has provided one additional change that properties must have an assessed value of at least $17,500 to qualify for assistance. Nancy explained the previous statement on assessed value was incorrect. She indicated we put a cap at $35,000 on the rehab program so the home must have at least a $17,500 assessed value. Jeri Thornberry stated it would be helpful to put the cap amount on the information sheet. Discussion continued on the costs for rehabilitation, appreciation values, code enforcement and maintenance issues and how rehabilitation increases tax revenues. Minutes September 20, 2011 Page 3 Jeri Thornsberry inquired if the County Assessor was informed of the repairs? Chairman Johnson noted a building permit is required, and staff concurred that the repair work is reported to the Assessor's office. Mickye Johnson had questions on how projects are determined to be infeasible. Rudy Jones explained that after an inspection is made, the specialist determines whether the home is feasible to rehabilitate according to our guidelines. We do not like to turn homeowners away, and many times the homeowner can contribute some of the funds to make the project feasible. Our main goal is to best serve the low-income homeowner. Some of the housing stock in the city is in deplorable shape. We try to work the program to best suit the homeowner. Following discussion it was moved by Bob Reisinger and seconded by Jeri Thornsberry to approve the Low Interest Loan Rehabilitation and Emergency Repairs Program as follows: Rehabilitation Program- Forgivable Loan/Loan Program Justification: Funding for CDBG and HOME continues to decrease. To be good stewards of the funds we do receive, property owners will contribute to the cost of rehabilitation. This in turn will increase the value of the owner's property. General Requirements: • Require the homeowner to take City -approved budgeting classes at their expense. Budgeting classes are available from Consumer Credit Counseling, Operation Threshold, and Family Management Credit Counseling. A certificate of completion must be presented before contracts are signed. • A property to be rehabilitated must have an assessed value of at least $17,500. • Loan mortgages will be recorded in the Black Hawk County Recorder's office. • The loan will be subordinate to other primary lender mortgages already on record. Subordination requests after the loan will follow Board policy. • Upon death of the deed holder, and there is no surviving spouse or other person listed on the deed, all loans becomes due and payable. • Average rehabilitation assistance will not exceed $34,999. Forgivable Loans: • The term of the forgivable loan is ten years. No payments are required as long as the owner occupies the house as his/her primary residence, and does not sell, transfer title, or use the property as a rental unit during that time. • If the owner decides to sell, transfer title or use the property as a rental unit, the forgivable loan will be repaid based upon a 10% forgiven annually basis. • The forgivable loan amount will be consistent on each unit ($20,000); the loan amount will vary by the cost of the rehabilitation. • If Lead Grant funds are used, those will be considered as part of the forgivable loan, not the loan amount. Deferred Loans: • Deferred loans are available for clients whose annual income is less than 50% median income for household size. See chart. Minutes September 20, 2011 Page 4 • Deferred loans have a life of 20 years. After 20 years, if the housing unit has not been sold, title transferred or used as a rental unit, the Community Development Director can renew the mortgage document, or the document will be released. • A deferred loan is due and payable if the property owner sells, transfers title or uses the property as rental property before the end of 20 years. Rehabilitation Loan: • A loan will be available through the Community Development Board for the amount of funds needed to complete a rehabilitation project over and above the $20,000 forgivable loan. • Terms of the loan are 3% interest annually for up to 20 years. • The loan payments will be program income for the CDBG or HOME program and used to funds additional housing unit rehabilitation projects. • The property owner will fill out a loan application. The application will be reviewed by a committee consisting of the Director, one Board member, and one banker to determine ability to re -pay the loan. • If the housing unit is sold, title transferred, or used as a rental unit before the loan is totally re -paid, the loan will become due and payable in its entirely. • Legal action, up to and including foreclosure, may begin when loan payments become 90 days delinquent. Forgivable Loan/Deferred Loan/Loan amounts Income level Forgivable Loan Deferred Loan Loan Total 0-50% median $20,000 Up to $15,000 NA $35,000 51-80% median $20,000 NA Up to $15,000 $35,000 Return on investment for deferred loan and loan Income level Maximum Loan Loan Terms Monthly payment Total Return 0-50% median NA NA NA $15,000.00 51-80%median $15,000 3% 20 years $83.19 $19,965.60 Household size income guidelines (July 2011) (subject to chance annuall Income level 1 person 2 person 3 person 4 person 5 person 6 person 7 person 0-30% median $13,100 $14,950 $16,800 $18,650 $20,150 $21,650 $23,150 31-50%median 21,750 24,850 27,950 31,050 33,550 36,050 38,550 51-60% median 26,100 29,820 33,540 37,260 40,260 43,260 46,260 61-80% median 34,800 39,800 44,750 49,700 53,700 57,700 61,650 On roll call: Jeri Thornsberry, Bob Reisinger, Gary Rankin, Mickye Johnson, Amber Boyd and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. Chairman Johnson expressed thanks to Board members and staff for all the work to get this loan program together. He stated this has been a long process and we are optimistic this will provide a better return to recycle some of the federal dollars and help more people. Rudy Jones indicated we would begin the loan program at the end of September, which also marks the end of our current lead grant. Rudy informed the Board we would need a Board member to help review applications for eligibility. Chairman Johnson stated all Board members should consider doing their part, however, some consistency would be appreciated, and he asked for any volunteers. Minutes September 20, 2011 Page 5 Jeri Thornsberry readily volunteered to help begin the process. D. NEW BUSINESS. 1. Endorse Rehabilitation Contracts for August 2011. (Report attached.) Jeri Thornberry questioned the dollar amount expended on one of the lead grant projects. Nancy Gulick reported this property has a lead -poisoned child, who has pica, an eating disorder (chews wood), and all the wood must be removed from the house. Nancy noted the staff reviewed this case and decided since the child is lead -poisoned, we should proceed with rehabilitation of this property. This is an exception to our normal procedures. Nancy noted this is the second case of a pica child we've come across during the course of the lead grant. CDBG funds and lead grant funds have been combined to complete this project. It was moved by Mickye Johnson and seconded by Jeri Thornsberry to endorse the rehabilitation contracts for the month of August 2011. On roll call: Amber Boyd, Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. E. DISCUSSION ITEMS. 1. Housing Needs Assessment. Rudy Jones noted staff has been working on the Housing Needs Assessment since last fall and we have a draft for the Board to review. This is a snapshot of housing in the community, broken down by census tracts to help us determine what the housing needs are for this area. Jeri Thomsberry inquired if we used the 2010 Census data as a resource. Nancy reported we used the ACS American Census Survey. Danielle Rohret, Project Specialist in the department prepared this document and will be available at the next meeting to answer any questions. Nancy noted each census tract was named with a familiar landmark to help you identify the location of each particular census tract. Chairman Johnson indicated this will be an agenda item at the next meeting and encouraged Board members to review the Housing Needs Assessment and be prepared for discussion. This is good information and will be a good reference guide. On other business, Nancy Gulick reportedwe applied for the Lead Grant in June. She stated, today we received notification that Waterloo was awarded $1.7 million for a 3 -year grant. $93 million in lead grant funding was awarded nationwide. Nancy noted we asked for $1.7 in our application and we were awarded that amount. The average grant was $2 million. We can now complete 100 more houses and make them lead safe. We also can provide free training to our contractors with this grant. Chairman Johnson inquired about the administrative costs associated with the grant. Nancy stated she wrote the grant to include administrative costs to cover 2% of Rudy's time, 10% of Nancy's time, 80% of Mark and Valerie's time and 50% for the two rehab specialists for the three-year period. Minutes September 20, 2011 Page 6 Nancy stated Polk County and the city of Davenport were the other entities awarded funds in Iowa. Chairman Johnson stated this certainly will help subsidize the decreases in CDBG funds and acknowledged staff for a job well done. Jeri Thornsberry asked about the progress of work on the homes being built by John Rooff. Rudy Jones indicated John Rooff expressed to him that he would be breaking ground in two -three weeks. Chairman Johnson inquired when this would be back on our agenda. Jeri Thornberry stated we had asked for a November 15` deadline. Chairman Johnson suggested it be on the next agenda to see what progress has been made. Rudy thanked the Board for their continued support through the various stages of these projects and Chairman Johnson shared similar remarks toward the staff. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Rudy D. Jones, Secretary Pro -Tem Minutes September 20, 2011 Page 7 August 2011 Contracts signed Rehabilitation-1CDEG fundsk,b MIAS !S aT! N:R..1 AOIRSSS t is R�1R iiY`.Y:NiRA"`TO2 R! T 0.ATE • AP.9t'J.Nr Jamie Thompson Matt 15471 1410W2nd 1 mancealiwoMantrs?!eelraic, !Toto 1 batlucomatiiir, tallithim) decal Total I (chid 'sdiarasedWith pica} ! 8.6112219111 ts,e7a.0 b• b•• • EDI Rental Rehabilitation s { !CONTRPCT A'Lt=_ t'.R.1si2 A7akaS I R2.i'R 200NTRACTOR '• 0,Tc 1 S 19,873.00 1 i Total 1 Emergency Repairs Program !4 flibT: .6AaRt :t'JDR�S i iota 1 CONTRACT 1 t Catherine Miekens ;Mark Michael& Diana l(rageriMark 1 Eery Hoiges Mali Total HOME Rehabilitation 1 1027 518Logan Ate 1028 11358 Wren Rd i 1029 '448 Lane St SharrronAnthony 1 Mar Cara Waller Total 1542 Mar 1. 1543 t roof!,a!Itters 70011 bTa4�ra Helntarh 3.1 Coistractiom saier, stairs 1 Drain Cr 8'7l20t11 4,0304:041737 avner &nrds 8/15120111 4 077.071$2197 wirier 5cnds /92/2015 2O9..5i A7OF�5 ; i i' wallskrmaoe,,wirdcA'S,d00rs, 204 Western water heater !To.b si ing,rootpordmirdows, doorserall repair iTo.Io 222Edwards R- AR !CONTRACT' 8,200.00 34,943.09] 34,708.07E 59,711.0Di Lead Grant Program j ! Nor !s=ardAa i csaiasvt .i�a�s R2AR !CONTRACT i I.c4N1s`kc1CR 2 DATE t ffi JNI' Jamie Thompson IMar 1 1547 1410 W 2nd St! { Total t. i ToJo 8.61120111 30,050.00 14E,b.SU: 4 1 1 6J t_ * • vvP-4 Olv- EXTENSION AGREEMENT FOR SHARING OF LIBRARY DIRECTOR SERVICES THIS EXTENSION AGREEMENT is entered into by and between the Board of Trustees of the Waterloo Public Library (hereinafter the "Waterloo Board"), the Board of Trustees of the Cedar Falls Public Library (hereinafter the "Cedar Falls Board") and Sheryl McGovern (hereinafter "McGovern"), effective as of July 1, 2011. Pursuant to the provisions of paragraph 5 of the Agreement for Sharing of Library Director Services effective as of July 2, 2006, by and between the above parties, the parties hereby enter into the following Extension Agreement on the same terms and conditions as provided in the Agreement for Sharing of Library Director Services effective as of July 2, 2006, with the following changes: 4. Term. The term of this Extension Agreement shall commence at 12:01 a.m. on July 1, 2011, and shall terminate at 11:59 p.m. on June 30, 2012, unless automatically renewed or unless extended as provided for in paragraph 5 of the Agreement for Sharing of Library Director Services effective as of July 2, 2006. 7. Salary. McGovern shall be paid a salary of NINETY-FOUR THOUSAND FIVE HUNDRED SEVENTY-SEVEN DOLLARS AND SIXTY CENTS ($94,577.60) per year, to be paid at the rate of Three Thousand Six Hundred Thirty -Seven Dollars and Sixty Cents ($3,637.60) bi-weekly, during the term of this Extension Agreement. Salary increases may be implemented during the term of this Extension Agreement, but only after such salary increases have first been approved by both the Cedar Falls Board and the Waterloo Board. 8A. Description of Benefits. The parties hereto substitute the Exhibit "B," Library Director Benefits, which is attached to this Extension Agreement for the Exhibit "B" attached to the Agreement for Sharing of Library Director Services effective as of July 2, 2006. 18. Approval Required. This Extension Agreement shall not become effective until it shall have been approved by both the Waterloo Board and the Cedar Falls Board at a duly -called and constituted meeting of each of such boards, and by McGovern, and signed by all parties. The signatures of the President and Secretary of the respective boards on this Extension Agreement shall constitute a certification of compliance with the provisions of this paragraph by the respective boards. In all other respects, the parties hereby ratify and confirm the terms and conditions of the Agreement for Sharing of Library Director Services effective as of July 2, 2006. FY 12 - EXTENSION AGREEMENT FOR SHARING LIBRARY DIRECTOR SERVICES Board of Trustees of the Attest: Cedar Falls Public Library C1JilL P S= / .hu ‘0:(4-41‹ r G,( (name) Secretary 0 Attest: Date %l%- c /,7 Board of Trustees of the Waterloo Public Library President Date EXHIBIT "B" LIBRARY DIRECTOR BENEFITS — FY12 1. Longevity $120.00 per month Annualized $1,440 2. IPERS 8.07% of Salary and Longevity (Each year's contributions are subject to State legislative amendment). 3. FICA Social Security taxed at 6.2% of Salary & Longevity not exceeding $106,800 Medicare taxed at 1.45% of Salary & Longevity (Each taxed contribution is subject to Federal legislative amendment). 4. Health Insurance Premiums Employee shall pay $29.00 per month for single coverage and $55.00 per month for family coverage. Employer shall pay $558.28 per month for single coverage and $1431.73 per month for family coverage (subject to annual adjustment by the City). 5. Life Insurance Premiums $22.80 monthly. (Subject to annual adjustment by carrier). 6. Disability Insurance Premium $37.84 monthly. (Subject to annual adjustment by carrier). 7. Workers' Compensation Premium $117.62 monthly. (Subject to annual adjustment by carrier). 8. Vacation Five (5) work weeks annually (25 days). 9. Holidays New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, Day before or after Christmas Day, Christmas Day, Employee's Birthday. 10. Sick Leave Credit for 96 unearned but usable sick leave hours at the start of the fiscal year for use by the employee in the case of illness per sick leave policy. viccL 16Wdo(1 AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR This Agreement is entered into between the Board of Trustees of the Waterloo Public Library (hereinafter "Waterloo"), the Board of Trustees of the Cedar Falls Public Library (hereinafter "Cedar Falls") and Michael J. Dargan. RECITALS Whereas, Waterloo and Cedar Falls desire to jointly utilize the services of Michael J. Dargan as Technical Systems Administrator for the Cedar Falls Public Library and Reference and Technical Systems Administrator for the Waterloo Public Library; and Whereas, Michael J. Dargan has agreed to serve as Technical Systems Administrator for the Cedar Falls Public Library, upon certain terms and conditions; and Whereas, the parties have reached agreement on the terms and conditions under which the sharing of the Technical Systems Administrator will proceed, and they now reduce their agreement to writing. 1. Joint position. Waterloo hereby agrees to provide services of the Technical Systems Administrator to Cedar Falls by and through the services of Michael J. Dargan. Cedar Falls hereby agrees to accept such services, and agrees to accept Michael J. Dargan as Technical Systems Administrator. Michael J. Dargan agrees to accept the position of Reference and Technical Systems Administrator for Waterloo and to provide and agree upon services for the Cedar Falls Public Library during the term of this Agreement. Cedar Falls and Waterloo understand and agree that Michael J. Dargan shall serve as Technical Systems Administrator of Cedar Falls during the term of this Agreement. 2. Employment. The parties understand and agree that Michael J. Dargan shall be an employee of Waterloo. Michael J. Dargan shall not be considered an employee of Cedar Falls at any time during the term of this Agreement. 3. Duties. The parties hereby acknowledge that Exhibit "A" attached hereto, and by this reference made a part of this Agreement, is the current Job Description for the Technical Systems Administrator and for the Reference and Technical Services Administrator. Michael J. Dargan hereby agrees to perform to the best of his ability the duties of Technical Systems Administrator for Cedar Falls. Cedar Falls and Waterloo hereby agree to accept the performance by Michael J. Dargan of the duties of Technical Systems Administrator and Reference and Technical Systems Administrator of their respective libraries, as those duties are described on Exhibit "A", upon a joint or shared basis. FYI2 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR 4. Term. The term of this Agreement shall commence on July 1, 2011, and shall terminate on June 30, 2012, unless sooner terminated as provided in this Agreement. Nothing contained in this paragraph shall prevent the parties from entering into another agreement on either the same or similar terms, after approval by the Board of Trustees of both Cedar Falls and Waterloo and by Michael J. Dargan. 5. Termination. It is expressly agreed that Cedar Falls, Waterloo and Michael J. Dargan shall each have the exclusive right to terminate this Agreement at any time, by giving ninety (90) days written notice of termination to the other parties to this Agreement. The notice shall be given in the manner provided in paragraph 14 of this Agreement. Upon the giving of such notice, this Agreement shall terminate ninety (90) days after the date of such notice. 6. Review and Evaluation. The Library Director shall review and evaluate the performance of Michael J. Dargan annually. No later than ninety (90) days prior to the expiration of the term of this Agreement, Cedar Falls, Waterloo and Michael J. Dargan shall each notify the other parties as to whether or not that party desires to negotiate a further agreement for the sharing of the Technical Systems Administrator. 7. Benefits. a. Description of benefits. During the term of this Agreement, Michael J. Dargan shall receive those fringe benefits to which he would be entitled as a non -bargaining employee of the City of Waterloo. b. Severance benefits. The Technical Systems Administrator shall be entitled to those severance benefits outlined in the non -bargaining policy manual of the City or Waterloo. Cedar Falls and Waterloo agree to share responsibility for the costs of such coverage as the employee shall be entitled to as outlined in the City of Waterloo non -bargaining policy manual. 8. Payment Responsibility. Cedar Falis shall be responsible for paying forty percent (40%) and Waterloo shall be responsible for paying sixty percent (60%) of Michael J. Dargan's salary and benefits for Technical Systems Administrator services. Waterloo shall provide Cedar Falls with a written accounting of the salary and benefits cost on a monthly basis. For the teen of this Agreement, his annualized salary will be $66,206. Cedar Falls will be responsible for paying $26,482.40 and Waterloo will pay $39,723.60. 9. Other Expenses. The following expenditures incurred by or on behalf of Michael J. Dargan shall be treated in the following manner: a. Travel within metropolitan area. Cedar Falls and Waterloo shall retain their own respective policies, procedures and practices with respect to the Technical Systems Administrator's travel within the Waterloo -Cedar Falis FY12 -AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR metropolitan area. Waterloo and Cedar Falls shall not seek reimbursement from each other for any expenses incurred with respect to such travel. b. Seminars and conventions. For expenses relating to attendance by Michael J. Dargan at meetings, seminars or conferences outside of the Waterloo - Cedar Falls metropolitan area, including mileage, Michael J. Dargan shall be reimbursed by Waterloo and Cedar Falls for all approved expenditures. Cedar Falls shall pay forty percent (40%) of such expenditures; Waterloo shall pay sixty percent (60%) of such expenditures. It is understood that such expenditures must be approved in advance by Waterloo and Cedar Falls. c. Workers' compensation. To the extent Waterloo incurs any expenses for any claim by Michael J. Dargan under the workers' compensation laws, which are not covered by insurance carried by Waterloo, Cedar Falls shall reimburse Waterloo for forty percent (40%) of the amount of such uninsured expenses. d. General liability claims. In the event Waterloo incurs any expenses for claims for damages for general liability (that is, claims which are of the type for which there is coverage under the automobile and commercial general liability insurance policy of Waterloo), arising out of acts or omissions of Michael J. Dargan in the performance of his duties during the term of this Agreement, which are not covered by insurance carried by Waterloo (because of the deductible and self-insurance provisions of Waterloo's insurance), Cedar Falls shall reimburse Waterloo for forty percent (40%) of the amount of such non -covered expenses. 10. Other Claims. In the event Cedar Falls or Waterloo is named as a party to any legal action or administrative proceeding based upon any other claim not otherwise describe in this Agreement, arising out of acts or omissions of Michael J. Dargan in the performance of his duties during the term of this Agreement, Cedar Falls and Waterloo agree to have their respective personnel and legal representatives meet to determine how to respond to any legal action or administrative proceeding. Cedar Falls and Waterloo shall each remain responsible for its own respective liabilities with respect to any such claims, as well as any costs or expenses arising therefrom. 11. Entire Agreement. This Agreement represents the entire agreement between the parties hereto. There are no promises, understandings or other agreements between the parties relating to the subject matter of this Agreement except as are expressly stated in this Agreement. 12. Amendment or Modification. This Agreement shall not be modified or amended in any manner without the express written consent of all of the parties to this Agreement. 13. Severability. If any term or condition of this Agreement is held unconstitutional, FY I2 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR invalid or unenforceable under any rule of law, the remainder of the terms and conditions of this Agreement shall be deemed severable and shall not be affected thereby, but shall remain in full force and effect. 14. Notices. Any notices given under the terms and conditions of this Agreement shall be in writing, and shall be sent by ordinary mail to the following persons at the following addresses: a. To Waterloo: Chairperson, Waterloo Public Library Board of Trustees Waterloo Public Library 415 Commercial St. Waterloo, IA 50701 Mr. Robert Stringer, Human Resources Director City of Waterloo 620 Mulberry St. Waterloo, IA 50703 b. To Cedar Falls: Chairperson, Cedar Falls Public Library Board of Trustees Cedar Falls Public Library 524 Main St. Cedar Falls, IA 50613 Ms. Brenda Balvanz, Personnel Specialist City of Cedar Falls 220 Clay St. Cedar Falls, IA 50613 c. To Sheryl McGovern, Director, Waterloo and Cedar Falls Public Libraries: Mrs. Sheryl McGovern Waterloo Public Library 415 Commercial St. Waterloo, IA 50701 d. To Michael J. Dargan: Mr. Michael J. Dargan 188 Woodstock Rd. Waterloo, IA 50701 FY12 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR Any party may provide a different or other mailing address to which notices under this Agreement shall be sent, by giving written notice to the other parties of the new address or addresses to which notices shall be sent. Chair, Board of Trustees Waterloo Public Library Secretary, Board oftrustees Waterloo Public Library 3/ceu-i(4 Sheryl Mern Michael J. Dargan Technical Systems Administrator air, Board of Trustees edar Falls Public Library VI�Clt� p4, pr Secretary, Board of 1'' site Falls Public Libra Director FYI2 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR Exhibit "A" Technical Systems and Reference Administrator FLSA Status: Exempt Definition: To plan, supervise and oversee Technical Systems and Reference for the Waterloo Public Library. To develop and implement services and programs within the assigned areas; and to provide highly responsible administrative assistance to the Library Director Supervision Received and Exercised: The work is performed under the supervision of the Library Director but considerable leeway is granted for the exercise of independent judgment and initiative. Directly supervises support personnel and reference librarians Examples of Essential Duties and Responsibilities—Essential duties and responsibilities may include, but are not limited to, the following: • Supervise and oversee all services and programs in the reference depai talent of the Waterloo Public Library; develop and implement programs within the assigned area; provide administrative assistance to the Library Director • Assist with the development and implementation of the library's goals, objectives, policies and priorities for all assigned service areas • Research, plan and coordinate library services and programs in the assigned area, assign staff to develop and implement new and revised programs • Maintain the adult library collection; review, evaluate, add, weed and withdraw collection materials, set standards for other employees in this area; remain current with circulation trends and published materials in order to meet the needs of the community and satisfy the library's collection management policy • Oversee expenditure of the adult materials budget • Assist in the planning and implementation of enhanced digital information services and sources • Initiate contact with information providers to evaluate new products and determine which are suitable for purchase; facilitate ongoing technical support of existing systems and products • Recommend, within Board of Trustee and city policies, appropriate service and staffing levels; constantly monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures • Plan and supervise the work plan for the reference depal tment, assign projects, duties and tasks to subordinate staff; review and evaluate work methods and products; meet with staff to identify and resolve problems, and to evaluate and improve service FYI2 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR • Work with members of the public to assist with library services and programs; monitor effectiveness of services and programs; develop or recommend revised or new programs and services as appropriate • Hire, train, motivate, evaluate, and discipline/terminate library personnel; provide or coordinate staff training; work with employees to correct deficiencies • Assist the Library Director with the development and administration of the library budget; prepare various reports and materials explaining and assessing activities, programs, and circulation • Coordinate and monitor the day to day functions and operations of the Waterloo/Cedar Falls Library computer resources • Monitor and maintain public and staff workstations, servers, software and peripheral equipment • Create and maintain stable and secure interfaces for public access Internet terminals • Coordinate future technical acquisitions through researching and evaluating the trends in the field and the needs of the Library • Install, troubleshoot and upgrade all computer systems at both libraries; develop, implement and administer policies and procedures for the protection and security of all computer resources • Work with Cities of Waterloo and Cedar Falls MIS staff to ensure Libraries' computers comply with the cities' comprehensive information services plan • Respond to and resolve sensitive citizen inquiries and complaints • Represent the library at the Cedar Valley Library Consortium • Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of library services • Perform other duties as assigned Qualifications: Knowledge of: • Operations, services and activities of a comprehensive library services program • Principles and practices of library science, program development and implementation • Methods and techniques of cataloging and referencing library materials • Book publishing industry and information sources in other formats • Operational characteristics of library equipment and tools • Current trends in education and curriculum development • LAN operations, trends, vendors and purchasing practices • Internet access configuration and management • Personal computer hardware and support • ICN Interactive Classroom support • Library filing and tracking systems • Modern office procedures, methods and computer equipment • Principles of business letter writing and report preparation • Reference materials and procedures • Principles of hiring, supervision, training and performance evaluation FY12 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR • English usage, spelling, grammar and punctuation • Pertinent federal, state, and local taxation laws, codes and regulations Ability to: • Plan, organize, direct and coordinate the work of lower level staff • Supervise, train and evaluate staff • Delegate authority and responsibility • Supervise assigned operations, services, programs and activities in the Waterloo Public Library • Identify and respond to technical systems issues, concerns and needs • Identify and respond to community and organization issues, concerns and needs • Prepare and present public presentations • Develop and administer goals, objectives and procedures • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals • Interpret and apply federal, state and local policies, laws and regulations • Communicate clearly and concisely, both orally and in writing • Establish and maintain effective working relationships with those contacted in the course of work • Follow all safety rules and regulations of the department to which assigned • Maintain effective audio-visual discrimination and perception needed for: o Making observations o Communicating with others o Reading and writing o Examining library materials o Operating assigned equipment • Maintain mental capacity which allows the capabilities of: o Making sound decisions o Evaluating program and service needs o Sorting and cataloging materials in alphabetical or numerical order o Demonstrating intellectual capabilities • Effectively handle a work environment and conditions which involve: o Working closely with others o Dealing with the public o Exposure to computer screens o Irregular work hours • Maintain physical condition appropriate to assigned duties and responsibilities which may include the following: o Sitting for extended periods of time o Lifting and carrying books and materials o Operating assigned equipment FY 12 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Four years of increasingly responsible experience in a library setting, including two years of lead orsupervisory -experience Training: Equivalent to a Master's of Library Science from an accredited college or university Working Conditions Office environment; exposure to computer screens; irregular work hours. Essential functions may require maintaining physical condition necessary for sitting for prolonged periods of time; general manual dexterity for light lifting and carrying; squatting; and reaching FY 12 - AGREEMENT FOR SHARING OF TECHNICAL SYSTEMS ADMINISTRATOR co r 0 r O N Z a] 0 L a :Tri >, CO Y CITY OF WATERLOO Pauline Closson Payment voucher prepared by PAYMENT VOUCHER October 17, 2011 Vendor No. G/L Distribution 290-07-7500-3722 C O E 3 C * C < _> Y ' i O 3 3 4 434 co 1 Z O * 0 O ; 0 Q 3 C Invoice Date O O N LO r r 0 M ER To • 0 H a) a) 0 '0 N O a a a) m ❑ An Equal Opportunity/Affirmative Action Employer 00 O V 6T rn Z m LO Q V T m 0 CO Y O • W K U 11.1 ~Q > w 0 O a Pauline Closson Payment voucher prepared by October 17, 2011 Vendor No. c m E t a) a m • o c c o — o a) Lt Hc c W o v c m o m ac 0• 0 G/L Distribution 290-07-7500=3722 c D O E p .1- z Z N O m iU (f) 0 ; '0 Q * > Invoice Date m m a) O v > 2 0. a N (0 0 O An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO PAYMENT VOUCHER G.L. Distribution 0) C N O O O C u_ LL C H W O a) a O 0 U C N C 'p ELL a @ C N 0 0 0 C O E 1 C 0 0 : o E Z 0 * o d W+ > >, Q 0 a N r 1.- N o N N 4) E m d r 6 z $1 m 0) i_ N n o o -8 m 0 oNa• 0 > 0 ><U Invoice Date 409-07-5300-2103 N C O m 0) t J N m E 00) y0 r '� r (1)r r O O can) O CO CO 72 15 C O i N — N M a 0 0) 409-07-5300-2103 Dry Run Services 9937139741 Lo N N f0 0 ll] a 2 0. 0. O An Equal Opportunity/Affirmative Action Employer a) 1 - CD O O V' rn N 0 O W EY U Q O Z � z O W 2 U a Pauline Closson Payment voucher prepared by o m Z r m N d R1 Y Vendor No. Peterson Contractors G/L Distribution 290-07-7520-2165 N 07 CO O N 69 Invoice Date W rn N N O N (0 0 0 (0 0 O An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO PAYMENT VOUCHER d Z U Vendor No. October 17, 2011 m W Y 1- 0 0 O C U) E C N d O 0 rn 1.5 c 'o N U_ N c c N L- iu 0 C U) m a CD 0 O 0. Q G/L Distribution 205-07-7500-2165 520-14-5200-2163 0 O 3 U) c 0 0 N N U r W O C N o O U ,O yN N r CDN •"" N 0 0u.- Invoice Date M u rn O fA M O N M m O Special Instructions: i0 0 00 a U) 2 O. 0. a a) m 0 0 An Equal Opportunity/Affirmative Action Employer N O r O N W r 0 Q Vouchers Prepared by Pauline Closson O z t 0 N Vendor No. October 12. 2011 c 11) E C 0 a U 0 O C 2 N 11- 0) C 1- W (7 c m r (0 0 0 0 B & B Builders 0 0) D m ca a 2. C `0 • Q U G/L Distribution 0 0 Q U 0 0 c O E Q Invoice Date V (0 (O IO (D N 4) o (0 O 4) 47 (D (O CO (O r- 1 N O O O '4' '4' V d' OO 0 CO rn O N co C' M N If) O CO r N N O) Date Approved By O r An Equal Opportunity/Affirmative Action Employer 1 O 0 CC c W C) LL 0 I- W U Q a Payment voucher prepared b October 17, 2011 Vendor No. �• ^ C a) ▪ N- 0 c 0 0. Th N- W 0 0 O U 0) 2- E 0 '0 0- C a 0 0 2 0 0 Q a) E 0 m Z 0 (f) V 2 06 c 0 > Q U G/L Distribution c m 2- a_ M 0 7r.: W N O O` O 0 0 u 0 Invoice Date 0 N N O 0) t0 6, -' 0 F N 0 0 0 ID (a 0 O An Equal Opportunity/Affirmative Action Employer O z 0 R1 Voucher prepared by: Pauline C October 17, 2011 C 0 E @ p. 0 00 O U O) Q C O as c c ) as 0 c 0) t @ 0 U) 0 2 d coQ G/L Distribution 0 n O a) U) 0 « c • D « 0 « 0 Z « @ « o • O e c e Invoice Date )0 co CD m N N 0 0 0 0 L.0 N )n N-4 O LO 0 N N LO O 0 7 N C o 0 _ N @ _ cc) c N @ N U r W N C N 0 O) — O c r ti r O U r0 co C E. N r W O % >> O Li: OOr o LO ✓ N- 6 of co c0 M 1- r OD OD 0 0 0 0) r N 1-- 0 Special Instructions: r 0 T C[1 0 m P_ a) is 0 0. 0 0. E W c O 0 a m 0 E c t 0 a 0 0 0 o 0 W c Q Payment voucher prepared by: Pauline Closso C October 17, 2011 a c 0 a. i c NO W O d 0 0 U 0 c 4) N O E (0 0_ • (- O U Peterson Contractors Inc. d E 0 0) Z N cn a ca c -0 z. > Q 0 k k c O N 0 J c 0 .r. -_ N Q) 0 c D 0 E c 0 Invoice No. Invoice Date r M h O � r n o O O n � f0 O a- 4 O N N V U) co N d) 0) c O U U) > c a)0IO U j Cn ▪ C 0. xtE E w • > a r ca* • olc-- cao E ro rn U N c N m - c c aci <j E a N O 0co 0a m o N O r o (0 69 m 69 r r 0 T QJ 0 a 0_ 0 An Equal Opportunity/Affirmative Action Employer N O V' W N O O w O = C[ U a0 O W }O} Q U 0 O. N 0 O 8 c u m c LL 0] Vendor No. October 17, 2011 0] G/L Distribution CD C 0) C • 0) cow0 U C 0 c 0) p O EE n 03 • c f m m O 0 0 B&B Builders & Supply 0) E CO @ Z NU) o 0) a c ca3. 0)v _ > Q O c 0 0 E Invoice Date t0 0