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08/25/2014
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS MONDAY, AUGUST 25, 2014 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. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) issue per meeting for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. August 25, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. Agenda, as proposed or amended. Minutes of August 18, 2014, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Iowa Heartland Habitat for Humanity for tax exemptions for the construction of a new single family dwelling valued at $80,000.00 located at 3920 Memory Lane and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Bruce & Lisa Wagner for tax exemptions for the construction of a new single family dwelling valued at $308,611.00 located at 4835 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 4. Request from Jim Koch for a variance to the Noise Ordinance on Sunday August 31st, 2014 from 4:00 p.m. - 9:00 p.m. in conjunction with University Cruise that will be held in the parking lot at 3555 University Avenue including music and PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services 5. Request from Western Waterproofing Co. for a variance to the Noise Ordinance from August 26th thru September 26th, 2014 - 6:00 p.m. - 4:00 a.m. in conjunction with construction renovation on E. 5th parking ramp including air hammering, concrete removal, and ramp repairs, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services August 25, 2014 Page 3 6. Request to cancel assessment for 2405 E. 4th Street in the amount of $117.50; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Paul Huting, IA Park & Dubuque, 09/ 15/ 14- $441.00 Leisure Services Recreation Assoc. IA 09/ 17/ 14 X Director Conference New 08/30/ 14- 08/31/14 X Sergeant Richter & Law Enforcement Marion, IA 09/23/ 14- $730.00 Gehrke Supervision, Management & Renewal 09/25/ 14 X Hy -Vee Gas #3 1512 Flammang Dr. Leadership Renewal 08/26/15 X Suzy Schares, City New World Boca 10/04/14- $3,240.00 Clerk & Joyce Conference Raton, FL 10/ 07/ 14 Schroeder, Financial Analyst Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kwik Star, #229 1717 E. San Marnan Drive Class C Beer, B Wine New 09/25/ 15 X Spicoli's 3555 University Ave. Class C Liquor & Outdoor Service Renewal 12/ 11/ 14 X Spicoli's 3555 University Ave. Class C Liquor - Extended Outdoor Service Only New 08/30/ 14- 08/31/14 X Longhorn Steakhouse # 5374 1425 E. San Marnan Dr. Class C Liquor Renewal 08/31/15 X Logan Ave Convenience Store 735 Logan Ave. Class E Liquor, B Wine, C Beer Renewal 08/ 02/ 15 X Hy -Vee Gas #3 1512 Flammang Dr. Class C Beer Renewal 08/26/15 X August 25, 2014 10. 11. 12. 13. 14. Page 4 WCS Building & Amphitheatre 225 Commercial St. Special Class C (BW) Liquor & Outdoor Service Renewal 06/21/ 15 X Metro Mart #4 2332 Falls Ave. Class E Liquor, C Beer Renewal 06/30/ 15 X Kwik Stop #3 1104 Washington Class E Liquor, B Wine, C Beer Renewal 07/ 14/ 15 X Las Margaritas 2822 University Ave. Class C Liquor & Outdoor Service Renewal 06/30/ 15 X Vic's Lounge 1106 LaPorte Rd. Class C Liquor & Outdoor Service Renewal 07/ 16/ 15 X 15. Bonds PUBLIC HEARINGS 2. F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867. 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. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by Jamie Knutson, PE, Associate Engineer 3. Request by High Development of Cedar Rapids, Iowa for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit multi family dwellings, generally located south of 200 East Ridgeway Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the 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 amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director August 25, 2014 Page 5 4. Request by Brent Dahlstrom of Cedar Falls, Iowa for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the 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 amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 5. Resolution approving request for extension of services provided by Marsden Janitorial Service for cleaning services at City of Waterloo Public Works building through September 30, 2014. Submitted by Mark Rice, Public Works Director 6. Resolution approving Award of Contract to KWS, Inc. of Cedar Falls, Iowa, in the amount not to exceed $242,301.25; and approving the Contract, Bonds and Certificate of Insurance in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 7. Resolution approving submission of application to Iowa Economic Development Authority for $5,910,000. 00 ($3,000,000. 00 for CommonBond Communities and $2,910,000.00 for Prairie Rapids, LLC of Cedar Rapids, Iowa) to be used on the Multi -Family (Rental) Unit Production, recommendation of approval of the Community Development Board - New Construction Program - Round 6. Submitted by Rudy D. Jones, Community Development Director 8. Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $120,800.00 for engineering services for preliminary and final design, plats and legal descriptions, and development of plans, specifications and contract documents for the Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer August 25, 2014 Page 6 9. Resolution approving Award of Contract to Frickson Brothers Excavating of Evansdale, Iowa, in the amount not to exceed $17,556.00; and approving the Contract, Bonds and Certificate of Insurance in conjunction with the Sherwood Bollard Installation Services; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 10. Resolution approving Economic Development Assistance Contract 15 -TC - 002 with Iowa Economic Development Authority and CPM Acquisition Corp. for the CPM Acquisition Corp. test center reconstruction, with the City of Waterloo as the local sponsoring community; and authorize Mayor to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 11. Resolution approving an Encroachment Agreement with Martin Nance to legalize an existing 12' x 12' deck on the required Right-of-way located at 1319 Colorado Street; and authorize Mayor to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 12. Resolution approving Fourth Tolling Agreement with United States Environmental Protection Agency to expire September 1, 2015; and authorize Mayor to execute said document. Submitted by James Walsh, City Attorney OTHER COUNCIL BUSINESS 13. Purchase of One (1) Automated Side -Load Garbage Truck. Motion to instruct Public Works Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of bid opening as September 11, 2014 and hearing as September 15, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director 14. Bid for Janitorial Services - Public Works Building. Motion to instruct Public Works Director to prepare specifications, bid document, form of contract, etc. Motion to receive and file specifications, bid document, form of contract, etc. Resolution preliminarily approving specifications, bid document, form of contract, etc. Resolution setting date of bid opening as September 18, 2014 and hearing as September 22, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director August 25, 2014 Page 7 15. Motion approving Change Order No. 1 for an increase of $2,700.00 for additional material expense to Clear Span Fabric Structures of Dyersville, Iowa for the Public Works Salt Storage Building Project, due to additional change of exterior fabric to Fire Rated Fabric as required by Fire Marshal; and authorize Mayor and City Clerk to execute said document. Submitted by Mark Rice, Public Works Directorl 16. F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. Resolution preliminary approving construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt preliminary plat and schedule of assessments and estimate of costs. Resolution of Necessity and setting date of hearing as September 8, 2014. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 17. F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of bid opening as September 4, 2014 and hearing as September 8, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 18. 2014 Byrnes Tennis Complex Resurfacing Project. Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of bid opening as September 18, 2014 and hearing as September 22, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT August 25, 2014 Page 8 Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, August 25, 2014 5:10 p.m. - Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission meeting minutes of July 8, 2014 on file at the City Clerk's office. 2. Community Development Board meeting minutes of July 15, 2014 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. 4th Street Bridge & Wall Repair, Contract No. 855 Pay estimate to AECOM in the total amount due of $2,950.29. 2. Detention Basin Mod on Dry Run Creek, Contract No. 842 Pay estimate to AECOM in the total amount due of $5,142.58. 3. FY14 Street Reconstruction Program, Contract No. 859 Pay estimate to Aspro in the total amount due of $676,203.32. 4. FY13 Street Reconstruction Program, Contract No. 832 Pay estimate to Aspro in the total amount due of $98,655.45. 5. FY14 Asphalt Overlay Program, Contract No. 857 Pay estimate to Aspro in the total amount due of $31,041.11. 6. FY14 Bridge Deck Repair & Overlay, Contract No. 777 Pay estimate to Cramer & Associates in the total amount due of $82,052.92. 7. W. Airline Hwy Rehabilitation, Contract No. 827 Pay estimate to Iowa Erosion Control, Inc. in the total amount due of $64,633.25. August 18, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 18, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Matt O'Brien, Director of Technology. 143332 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 18, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143333 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 11, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 143334 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated August 18, 2014, in the amount of $1,026,589.87, 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. 2014-698. 2. Request to cancel assessment for 1459 W. 2nd Street in the amount of $158.77; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-699. 3. Request of Joyce Ankrum on behalf of Highland Neighborhood Association for a variance to the Noise Ordinance on September 6, 2014 from 5:30 p.m. to 9:30 p.m. in conjunction with Highland Neighborhood Street Dance event to be held at Highland Square Park including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-700. 4. Request of Mike Yates for a concrete driveway to be located at 1117 Dundee Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-701. 5. Request of Kyle Osgood for tax exemptions for the construction of a new twin home (condo) valued at $144,900.00 located at 4134 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-702. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Lieutenant Luck 32nd Annual Fire Investigation Seminar W. Des Moines, IA 09/09/14- 09/12/14 $646.24 August 18, 2014 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 2 Marty Freshwater, Battalion Chief & Darryl Hartema, Mechanic Pickup up Engine 306 from body shop Weyauwega & Appleton, WI 08/19/14 $300.00 David Jones IA League of Des Moines, 04/25/14- $312.35 Sunday Cities IA 04/26/14 08/21/14- X Municipal Outdoor License 08/25/14 Leadership Service Academy Special Class 5 Day 08/21/14- X Workshops C (BW) & License 08/26/14 Michelle Weidner, IA League of Council 09/24/14- $805.00 Chief Financial Cities Annual Bluffs, IA 09/26/14 Officer & Suzy Conference Special Class 5 Day 08/21/14- Schares, City 2181 Logan Ave. C (BW) & License 08/26/14 Clerk Outdoor Cheryl NPELRA Storm Lake, 09/09/14- $1,173.00 Huddleston, Human Investigations IA 09/12/14 06/23/15 Resource Manager Academy & & Suzy Schares, City Clerk/HR IAPELRA Annual Meeting & Director Conference Class C Liquor Renewal 06/30/15 Officer Saunders International Denver, CO 09/13/14- $573.00 Outlaw Class C Beer 09/19/14 05/21/15 X Motorcycle Gang Investigators Class C Liquor New 04/30/15 Conference Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday Thunder in the Valley II Class C Liquor 5 Day 08/21/14- X Air Show Outdoor License 08/25/14 Waterloo Regional Airport Service Cedar Valley Pridefest Special Class 5 Day 08/21/14- X 300 & 400 Blocks of 4th C (BW) & License 08/26/14 Street and 500 & 600 Outdoor Blocks of Washington St. Service Hy -Vee Fundraiser Special Class 5 Day 08/21/14- X 2181 Logan Ave. C (BW) & License 08/26/14 Outdoor Service Applebee's Neighborhood Class C Liquor Renewal 06/23/15 X Grill & Bar 2780 Crossroads Blvd. Club 700 Class C Liquor Renewal 06/30/15 X 1955 Locke Ave. El Mercadito Class C Beer Renewal 05/21/15 X 520 LaPorte Rd. Jessies Bar & Grill Class C Liquor New 04/30/15 1905 Commercial St. Metro 66 #1 Class C Beer Renewal 06/30/15 X 3201 W. 4th St. Park Road Inn Class C Liquor Renewal 06/30/15 X 300 Park Rd. & Outdoor Service Cigarette/Tobacco Permit Renewal Applications 16. New Star #3, 1459 Ansborough Ave. Roll call vote -Ayes: Seven. Mr. Jones abstained from item 1.b.3. Motion carried. PUBLIC HEARINGS 143335 - Schmitt/Hart that proof of publication of notice of public hearing on proposal for Demolition and Site Clearance Services for 801-805 Commercial Street, as published in the Waterloo Courier on August 6, 2014, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. August 18, 2014 143336 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143337 - Schmitt/Hart Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-703. 143338 - Schmitt/Hart that "Resolution ordering construction in conjunction with proposal for Demolition and Site Clearance Services for 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-704. 143339 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Benton's Sand & Gravel, Inc. 905 Center St. Cedar Falls, IA 50613 5% $33,800.00 Kelly Demolition & Excavating, LLC P.O. Box 209 1100 W. Mount Vernon Rd. Mount Vernon, IA 52314 5% $69,801.00 Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703-5611 5% $78,995.00 Peterson Contractors, Inc. Box A Reinbeck, IA 50669-0155 5% $82,300.00 143340 - Schmitt/Hart that "Resolution approving Award of Contract to Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa, in the amount not to exceed $33,800.00; and approving the Contract, Bonds and Certificate of Insurance in conjunction with Demolition and Site Clearing Services with no RACM of 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-705. 143341 - Hart/Welper that proof of publication of notice of public hearing on the status of funds for the Community Development Block Grant (CDBG) Commercial Pump Station Project JS/CDBG Contract #: 08 -DRI -078 (Amended End date: November 30th, 2014, as published in the Waterloo Courier on August 6, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Brian Schoon, INRCOG, explained the status of the project as follows: This project includes the construction of five (5) Commercial Pump Stations/Sites at Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. The project came about as a result of the 2008 Flooding and is intended to provide mitigation for primarily the Central Business District of the City. The need for the project was identified by City, in various engineering and planning documents, as well as the City's Capital Improvements Plan. August 18, 2014 Page 4 The City applied for funding from the US Department of Commerce, Economic Development Administration and Jumpstart Disaster funds from the Community Development Block Grant program as administered by the Iowa Economic Development Authority. In total, the City was awarded $7,009,315 from EDA and $3,851,935 in CDBG funding from IEDA. The economic impact of this project is significant, insomuch as it protects the Central Business District of the City of Waterloo from flooding at times when the levee system is in operation. There are two distinct phases in this project. Phase 1 is substantially complete, and it includes the Virden Creek, Vinton Street; and Westfield Avenue sites. The prime or general contractor for Phase 1 is Story Construction. Phase 2, which includes Blowers Creek and Dry Run Creek sites, is currently under construction. The prime or general contractor for Phase 2 is Larson Construction. The following was also presented to Council: A Summary of the Expenditures to Date (the Last Draw is in Parenthesis): A Brief Description of the Remaining Work: o Closing Phase 1 of the project o Constructing and completing Phase 2 of the project o Overall project closeout A General Description of the Changes Made to the Project Budget, Performance Targets, Activity Schedules, Project Scope, Location, Objectives, or Beneficiaries: o Project Budget: No changes. See above. o Performance Targets: On target with all updated performance measures o Activity Schedules: We have requested a time extension of the current EDA contract, and will do likewise with the CDBG contract in order to allow us to complete the project. The projected end -date of the entire project (both Phases) is November 2015. o Project Scope: Construct five (5) large stormwater pumping stations to protect the Central Business District from floodwaters at times the levee system is operational. o Location: Within the City of Waterloo, at the following locations: Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. o Objectives/Beneficiaries: Has not changed. Urgent Need. This project will benefit the entire community. No one has been displaced by this project, nor is it anticipated that the City would have to consider doing so. 143342 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ORDINANCES 143343 - Cole/Hart Motion to table an Ordinance vacating the west 40' of David Street, located south of W. Parker Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated for 30 days - September 22, 2014. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 143344 - Morrissey/Hart that "Resolution approving Professional Services Agreement with Invision of Waterloo, Iowa, in the amount not to exceed $32,000.00 with a reimbursable amount of $500.00 for design work, contract documents, bidding assistance, submittal reviews and on-site meetings with construction personnel in conjunction with the Waterloo Center for the Arts Restroom Renovation/Expansion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-706. Total EDA (5) CDBG (3) Local Funds Budget Maximum $10,861,250.00 $7,009,315.00 $3,851,935.00 $0.00 Expended to Date $3,346,761.51 $2,834,944.51 $511,815.96 $0.00 Remaining $7,514,489.53 $4,174,370.49 $3,340,119.04 $0.00 A Brief Description of the Remaining Work: o Closing Phase 1 of the project o Constructing and completing Phase 2 of the project o Overall project closeout A General Description of the Changes Made to the Project Budget, Performance Targets, Activity Schedules, Project Scope, Location, Objectives, or Beneficiaries: o Project Budget: No changes. See above. o Performance Targets: On target with all updated performance measures o Activity Schedules: We have requested a time extension of the current EDA contract, and will do likewise with the CDBG contract in order to allow us to complete the project. The projected end -date of the entire project (both Phases) is November 2015. o Project Scope: Construct five (5) large stormwater pumping stations to protect the Central Business District from floodwaters at times the levee system is operational. o Location: Within the City of Waterloo, at the following locations: Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. o Objectives/Beneficiaries: Has not changed. Urgent Need. This project will benefit the entire community. No one has been displaced by this project, nor is it anticipated that the City would have to consider doing so. 143342 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ORDINANCES 143343 - Cole/Hart Motion to table an Ordinance vacating the west 40' of David Street, located south of W. Parker Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated for 30 days - September 22, 2014. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 143344 - Morrissey/Hart that "Resolution approving Professional Services Agreement with Invision of Waterloo, Iowa, in the amount not to exceed $32,000.00 with a reimbursable amount of $500.00 for design work, contract documents, bidding assistance, submittal reviews and on-site meetings with construction personnel in conjunction with the Waterloo Center for the Arts Restroom Renovation/Expansion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-706. August 18, 2014 Page 5 143345 - Morrissey/Hart that "Resolution approving award of bid to Dicks Petroleum, Inc. of Tripoli, Iowa in the amount of $35,993.03 for Central Garage Oil Distribution Piping Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-707. 143346 - Morrissey/Hart that "Resolution approving submission of Traffic Safety Grant Application in the amount of $300,000.00 to Iowa Department of Transportation to be used for Traffic Safety at the intersections of Osage and Dubuque Roads; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-708. 143347 - Morrissey/Hart that "Resolution authorizing Traffic Operations Department to conduct a study for the possible removal of traffic (school) signals at Falls Avenue and Magnolia Parkway", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-709. 143348 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM of Waterloo, Iowa, in the amount of $37,500.00 for engineering services for the review of Five Sanitary Sewer Pumping Stations (Hackett Road, Highway 63 South, Douglas Street, Titus, and Tower Park); and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Bob Bamsey, AECOM, explained that these projects all relate to the EPA issues the City currently has. Resolution adopted and upon approval by Mayor assigned No. 2014-710. 143349 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $225,000.00 for engineering services for construction related services for the Dry Run Creek Interceptor Sewer and Pumping Station (Kimball to Texas Street Pump Station) Project; and authorize Mayor to execute said document", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-711. 143350 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $85,000.00 for engineering services for construction related services for the Flow Equalization Facilities Overflow Connection to Satellite WPCF Project; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-712. 143351 - Welper/Morrissey that "Resolution setting date of hearing as September 2, 2014 for the sale and conveyance of city -owned property located at 1019 Lafayette Street to Yoahna Valencia and Sergio Rangel with a purchase price of $95,100.00 through the Neighborhood Stabilization Program; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-713. 143352 - Welper/Morrissey that "Resolution setting date of hearing as September 2, 2014 for the sale and conveyance of city -owned property located at 919 Lafayette Street to Gregory A. Sykes and Jessica Hoffman with a purchase price of $121,000.00 through the Neighborhood Stabilization Program; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-714. August 18, 2014 143353 - Welper/Morrissey Page 6 that "Resolution approving the Contract, Bonds, and Certificate of Insurance to Pella Roofing of Vinton, Iowa in the amount of $27,950.00 in conjunction with the Metal Roofing Restoration - Snow Removal Equipment Building Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-715. 143354 - Schmitt/Cole that "Resolution approving the Contract, Bonds, and Certificate of Insurance to Modern Builders, Inc. of Janesville, Iowa in the amount of $66,350.00 in conjunction with the Replace Bi -fold Door, Hangar #2 Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-716. 143355 - Schmitt/Cole that "Resolution approving award of bid to M -B Companies, Inc. of Chilton, WI in the amount of $545,892.00 for the Purchase of Carrier Vehicle with Rotary Plow for Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-717. 143356 - Schmitt/Cole that "Resolution approving Federal Aviation Administration (FAA) Grant in the amount of $872,643.00 for the Acquisition of Snow Removal Equipment Project for the Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-718. 143357 - Hart/Morrissey that "Resolution approving Right -of -Way Agreement with the Iowa Department of Transportation No. NHSX-063-6(70)-3H-07 for the Reconstruction of U.S. 63 in Waterloo from Jefferson Street to Franklin Street; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned if the traffic will continue to be able to flow while the project is going. Eric Thorson, City Engineer, explained that for now it appears that traffic will continue to flow but there may be a detour for highway traffic. Resolution adopted and upon approval by Mayor assigned No. 2014-719. 143358 - Hart/Morrissey that "Resolution approving Construction Plans for 2014 E. San Marnan Drive Eastbound Left -Turn Lane at Sovia Drive Project, as submitted by Ament Design of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-720. 143359 - Hart/Morrissey that "Resolution approving Professional Service Agreement with Impact Seven G (7G) of Johnston, Iowa, in the amount of $10,000.00 for environmental planning, due diligence, and site redevelopment technical assistance for former industrial property known as Project Area 3 within the Waterloo Reinvestment District #1, generally located just west of Manatt's Concrete, for future redevelopment of the site; and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-721. August 18, 2014 143360 - Morrissey/Welper Page 7 that "Resolution setting date of hearing as September 2, 2014 to approve Development Agreement with the Waterloo Community School District and to authorize the sale and conveyance of city -owned property for $1.00 located at 1601 and 1624 Black Hawk Street, for the construction of a new bus barn and maintenance facility; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned if there will be a land swap. Noel Anderson, Community Planning and Development Director, explained that the Waterloo Community Schools will demolish the Orange School building and turn it over to the City. Resolution adopted and upon approval by Mayor assigned No. 2014-722. 143361 - Morrissey/Welper that "Resolution setting date of hearing as September 2, 2014 to vacate approximately 300' x 20' portion of public alley located within block 18 of Hayes Addition, generally located between W. 14th Street and W. 15th Street, north of Black Hawk Street; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-723. 143362 - Morrissey/Welper that "Resolution setting date of hearing as September 2, 2014 to appeal the City Code requirement prohibiting vehicles from parking on the city -owned right-of- way, located along 15th street between Black Hawk Street and the Cedar River; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-724. 143363 - Hart/Lind that "Resolution approving award of hotel/motel discretionary funding to Leisure Services - Cedar Valley SportsPlex of Waterloo, Iowa for the Comprehensive Marketing Campaign in the amount of $10,000.00", be adopted. Roll call vote - Ayes: Seven. Mr. Jones clarified that it is a hotel/motel grant and will be used for marketing. Mr. Schmitt questioned if this was the original plan in the budget for marketing. Paul Huting, Leisure Services Director, explained that there are some funds budgeted but this will allow a comprehensive marketing program. Resolution adopted and upon approval by Mayor assigned No. 2014-725. 143364 - Hart/Lind that "Resolution approving Grant Award with Iowa Arts Council/Iowa Department of Cultural Affairs in the amount of $15,000.00 to be used to support FY2015 general operating expenses", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-726. OTHER COUNCIL BUSINESS 143365 - Hart/Cole that motion approving Change Order No. 3 for an increase of $68,287.50 for work performed by J & K Contracting Inc. of Ames, Iowa for the No Name Creek Interceptor Sewer, Contract No. 849, due to additional locations requiring silt fence identified during SWPPP inspections; and authorize Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote - Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, expressed concern with using hotel/motel funds for the Sportsplex marketing. August 18, 2014 Page 8 Marcella Groover, 203 Miriam Drive, spoke in opposition to the Cedar Valley Pridefest. Cheryl Christianson, 1702 E. Mitchell Ave., questioned the issues in the sewer on Hackett Road and expressed concern with the noise of the trucks at night during flood events. She spoke in opposition to using hotel/motel tax for the SportsPlex marketing. Jack Black, 227 Downing, asked that no change orders be allowed for tearing down the properties on Commercial Street. Forest Dillavou, 1725 Huntington Road, expressed concern with the development agreement with Waterloo Schools. David Dryer, 3145 W. 4th Street, expressed concern with change orders. Mr. Morrissey announced that the Cedar Valley Bicycle Association thanked the City of Waterloo for the cooperation in making the bridge to bridge ride successful. Mr. Hart gave a shout out to all the kids starting school tomorrow. Mr. Schmitt asked for an overview of the Edison School Building site. Noel Anderson, Community Planning and Development, explained that the City is working with the Waterloo Schools to benefit both parties. Mayor Clark reminded everyone that the Air Show is this weekend. 143366 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143367 - Hart/Schmitt that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director City of Waterloo Finance Committee Open Invoice Report For August 25 2014 App.. Finance Committee Accounts Payable Open Invoice Report Total As of Friday, August 22, 2014 EFT Transactions: Friday Total Add Wellmark EFT 2,420,793.16 2,155,681.28 265,111.88 80,164.82 Subtotal - as of Monday, August 25, 2014 2,500,957.98 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 'Bill Payment Total - Monday, August 25, 2014 7,292.25 1,881.70 331,653.34 1,774,499.60 Payment to Council members or related entities David Jones $312.35 4,616,284.87 City of Waterloo EFT Bill Payments Bill Date 8/25/2014 Information from Detail not Fund Summary Banking Date 8/26/2014 Prepared by: RI -4 Journal Number 239 Fund 010 010 ::::::::::::::::::::::: 80,164.82 .................... 228 23.18 283 542.38 412 4.49 413 5.06 414 8.64 414 262,192.29 520 57.38 521 6.19 613 7.37 all fees WAR 265,111.88 80,164.82 EFT No Banking: Fees Banking: Wellmark net and Tech Works of credits Amount 2,264.90 juornal total 690,553.40 160,329.64 WAR formula (345,276.70) Approved check total 345,276.70 w/d amount Bank Acct (RB) OVRNT $ 80,164.82 All Fees 2,919.59 No banking (RB)GOB Fund Amount for formula 010 fees $ 2,264.90 1 80,164.82 fees 23.18 fees 542.38 fees 4.49 fees 5.06 fees 8.64 4 262,192.29 fees 57.38 fees 6.19 fees 7.37 fees 0.00 To: (RB) ACCTS PYBL 262,192.29 No banking (enter into Excel Bankers Trust tab) $ 345,276.70 8/26/2014 forms bill banking net.xlsx EFT08514 (2) $ 345,276.70 1 $ fees 3 4 5 $ 345,276.70 City of Waterloo Bill Payments PiiI Date 8/25/2014 .'` Banking Date 8/26/2014 Prepared by: RH Journal Number 243 Fund Amount 010 198,915.34 100 26,737.00 205 857,586.32 224 44,806.11 266 20,245.35 283 845.06 290 94,880.09 409 5,142.58 410 132.34 411 30,860.39 412 12,193.20 413 97,910.75 414 38,466.18 520 159,615.16 521 216,664.14 525 17,579.22 612 4,737.27 613 328,364.78 WAR 2,155,681.28 Fund Amount for formula 010 1 $ 198,915.34 100 1 26,737.00 205 1 857,586.32 224 2 44,806.11 266 1 20,245.35 283 3 845.06 290 1 94,880.09 409 4 5,142.58 410 4 132.34 411 4 30,860.39 412 4 12,193.20 413 4 97,910.75 414 4 38,466.18 520 5 159,615.16 521 5 216,664.14 525 1 17,579.22 612 4 4,737.27 613 4 328,364.78 2,155,681.28 juornal total 4,311,362.56 $ 1 $ WAR formula (2,155,681.28) 2 3 Approved check total 2,155,681.28 4 5 6 f w/d amount Bank Acct 2/(RB)OVRNT $ 1,215,943.32 44,806.11 No b 845.06 (RB) CDBG To: (RB) ACCTS PYBL nking 43L'1 (USB)HOUSE (RB)GOB 517,807.49 (RB)SEW 376,279.30 $ 2,155,681.28 8/26/2014 forms bill banking net.xlsx 082514 Aym 4, 311, 362.56 $ 2,155,681.28 Y C's y of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 220 & 226 Date: 08/22/14 Prepared by: RH GRAND TOTALS Vendor Check EFT Inv jrnl Fund Amount Amount 010 223,273.54 273,300.74 Deductions from Inv journal :::::Do:net;use::::: (7,229 07) 200 192,062.64 0.00 204 4,396.69 5,910.22 205 7,778.31 10,913.94 ........................ ...... 224 4,088.52 ;:;D¢;not;iise;:;:; ............. 224 :;:Do:fivt u:;: 7,173.57 266 24,512.56 36,616.82 283 3,527.29 5,771.25 290 388.16 353.69 520 15,060.16 23,147.49 521 6,633.51 8,988.10 525 8,059.64 12, 781.37 WAR 489,781.02 377,728.12 979,562.04 755,456.24 1,735,018.28 WAR (489,781.02) (377,728.12) (867,509.14) 489,781.02 377,728.12 867, 509.14 w/d amount To: (RB) ACCTS PYBL Bank Acct (RB) OVRNT $ 793,119.25 (RB) CDBG 4,088.52 F� (RB) CDBG 7,173.57 ./ (USB)HOUSE 9,298.54 (RB)SEW 53,829.26 Grand Total $ 867,509.14 N6,banking Fund 010 1 010 1 200 1 204 1 205 1 224 2 224 2a 266 1 283 3 290 1 520 4 521 4 525 1 WAR 1 $ 2 2a 3 4 Grand Total $ Amount 496, 574.28 (7,229.07) 192,062.64 10, 306.91 18, 692.25 4,088.52 7,173.57 61,129.38 9,298.54 741.85 38,207.65 15, 621.61 20,841.01 867, 509.14 1, 735, 018.28 '793,119.25 4,088 52 '7,173.57 9,298.54 53, 829.26 867, 509.14 8/21/2014 forms pyril vendor disbrs banking net.xlsx 082214+EFT City of Waterloo Payroll bate 08/22/14 Pre. arer: RH Gl. Date 08/22/14 Banking Date 08/22/14 JE 217 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 Net Payroll Total Net Payroll Total Bank Acct (RB) OVRNT (RB) CDBG (USB)HOUSE (RB)SEW Net Payroll checks only Dir Dep ACH Net Payroll Total DEBIT (644,841.09) 580,534.13 9,293.43 19, 561.20 10,034.15 64,266.21 10, 906.91 522.88 0.00 40,126.59 14,689.04 23, 817.14 773,751.68 773,751.68 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 1 1 1 1 2 1 3 1 4 5 5 1 Net Payroll Total Dir Dep ACH Net Payroll checks only w/d amount To: (WF) Payroll a E'. $ 53,153.90 Q j3 f � C::: d1 Jy73Z/, 1 54,815.63 ' $ 128,910.59 ACH 644, 841.09 773,751.68 1 2 3 5 )51, C.)44,84 1 09) 580,534.13 9,293.43 19, 561.20 10, 034.15 64,266.21 10,906.91 522.88 0.00 40,126.59 14,689.04 23,817.14 773,751.68 (644,841 09) 128, 910.59 53,153.90 10,034 15 10, 906.91 54,815 6:3 128, 910.59 8/21/2014 forms payroll banking net.xlsx 082214 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication, City Council Meeting: August 25, 2'014 Prepared: August 18, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for a new single family dwelling construction located at 3920 Memory Lane, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Iowa Heartland Habitat for Humanity for the construction of a single family home located at 3920 Memory Lane., Waterloo, Iowa 50701, Valued at $80,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalisation Area Plan. ADDRESS 3920 Memory Lane., Waterloo, Iowa 50701 LEGAL DESCRIPTION Lot 3, except the west 10 feet thereof, Cedar Hills Second Addition, a Replat of tracts A and B, Cedar Hill, Waterloo, Black Hawk County, Iowa Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Miller, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department_) 2. This application must be filed with City prior to the 1st working day of February following the year when theh 2. However, improvements are completed to comply with the timeline of the State Code of �Iowa, project r�uirrng Section more thanuoneered year omco�nstruct or complete, a single application may be filed upon completion ofp J providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the I adoption date of July 18, 2011 do not qualify. NAME: �,�� �' 01:4-th ti ttY 41, SIGNATURE: t` `t`: Yr"4P A- ADDRESS: , j j� TELEPHONE: 3 (� - 3 5 G 1 ci `t" DATE: (►` L: 3 a04. n f�k1 La pie 1 )C Ib, 5f/ I Whatist e, resso What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) L0-1- .3 C 44. 1,03N- L-14,11, i 1..titot A. h 9dd f the property being improved? tom. 104- (- ( cti CFk. H-ct--u'.) t� r i 1. ` vk"at B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo: Building and Inspections Department Information: Permit Number: '411LR Date permit was issued: 31 31 a D D. What was the cost of the new constriction? S D I cin , DID E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED Total pennit(s) valuation: $f173)• :1) DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland Black Hawk County Assessor DENIED Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black t-lawk County Assessors Office for criteria eligibility. Page I of 2 IIIIl1111111181II 11IIII1 II 1111111 1111111111111111 1IIII81NI11 Doc ID: 005112820002 Type: GEN Kind WARRANTY DEED Recorded: 04/09/2013 at 11:19:48 AM Fee Amt: $56.20 Page 1 of 2 Revenue Tax: $39.20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2013-00020838 WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Recorder's Cover Sheet Preparer Information: (name, address and phone number) Larry L. Anfinson, 726 West Fourth Street, Waterloo, IA 50702, Phone: (319) 235-9507 Taxpayer Information: (name and complete address) Iowa Heartland Habitat for Humanity 803 West 5th St., Waterloo, IA 50702 Return Document To: (name and complete address) O Cc\✓ Redfern, Mason, Larsen & Moore P.O. Box 627, Cedar Falls, IA 50613 1.6 Grantors: Cr Cedar Hills, Inc., f/k/a Tubing Fabricators of Iowa, Inc. Robert B. Wilson Grantees: Iowa Heartland Habitat for Humanity Legal Description: See Page 2 (� ��\ File Number: 20?�310.Q_2t)(38 Seq: 1 • Page 2 of 2 WARRANTY DEED (CORPORATE GRANTOR) For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Cedar Hills, Inc., f/k/a Tubing Fabricators of Iowa, Inc„ a corporation organized and existing under the laws of Iowa, does hereby Convey to Iowa Heartland Habitat for Humanity the following described real estate in Black Hawk County, Iowa: Lot 3, except the West 10 feet thereof, and all of the Lots 8 and 9, Cedar Hills Second Addition, a replat of Tracts A and B, Cedar Hills, Waterloo, Black Hawk County, Iowa. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to Sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: April - , 2013 Cedar Hills, Inc., flk/a Tubing Fabricators of Iowa, Inc., a(n) Iowa corporation By STATE OF IOWA, COUNTY OF BLACK HAWK Robert B. Wilson, President This instrument was acknowledged before me on April , 2013, by Robert B. Wilson, as President, of Cedar Hills, Inc., f/k/a Tubing Fabricators of Iowa, Inc. \e\ANt -t l'eNVy0 Notary Public in and for the State of Iowa Heb: Base map data source b Black Ha. County. This map does not represent a survey, no liability assumed for the arcurecy d the dab delineated herein. Daher expressed or .plied by Ella. Hawk County, the Brock Hawk County Assessor. or their employees. The Cay of.o nukes no warranty, express or Mr... as S b S. accuracy of tiro information shown on this map. end expressly dlscclaims liability for the accuracy Menet Users snook Mer b ofrtdal pyla, storeys, recorded deeds, alc. luuled at int Brock Hawk County Assessors Olt for corm.. and acccele information. 100 200 400 Fee Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-728 RESOLUTION APPROVING APPLICATION WITH IOWA HEARTLAND HABITAT FOR HUMANITY FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $80,000.00 FOR PROPERTY LOCATED AT 3920 MEMORY LANE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Habitat for Humanity has submitted an application dated March 6, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $80,000.00 for property located at 3920 Memory Lane more fully described as follows: Lot 3, except the West 10 feet thereof, and all the Lots 8 and 9, Cedar Hills Second Addition, a replat of Tracts A and B, Cedar Hills, Waterloo, Black Hawk County, Iowa. and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: StTzy S. a -s, CMC City Clerk t G. Clark, Mayor CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: August 25, 2014 Prepared: August 18, 2014 Dept. Head Signature: # of Attachments: SUBJECT: CLURA application for tax exemptions for new single family home construction located at 4835 Yellowstone Dr, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Bruce & Lisa Wagner for the construction of a new single family home located at 4835 Yellowstone Dr., Waterloo, Iowa 50701, Valued at $308,611 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 4835 Yellowstone Dr, Waterloo, Iowa 50701 LEGAL DESCRIPTION See attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Miller, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer at9korkzv- h Cif kv p� t►�+is CITY L S URBAN REVITALIZATION APPLICA'!T ttcfecce IA ON `�'l NA - FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEWQ IE 3 t.. . FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIFTS URBAN" "'" ''-4 REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THEGTY OF l WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructer dwellings (single family homes or duplex/twin homes) that meet the following criteria: 14 1. Be located within the CLURA boundaries(a mapof which can be obtained from the Cityof Waterloo Co . �tPyl�n e or two family & Development Department.) 1 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: LIS'. tA-)f-'�fie-'C SIGNATURE: ADDRESS: '4E36 Litt QGI -bi 10 I TELEPHONE: 3n- 11.09- 2--1 y DATE: I ,0-,:d,)( • ,il&fic„) A. What is the Address of the property being improved? t-(' S✓ . 1l .7t/1d ® v -E-r What is EEthe Legal Descriptionofthe property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) 6�r ,.T �� �✓l e"16't G�ANL r .t-l'k Z Avtei i ti. e'ti-1 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) N(AA) (ti/isi-w - 5iv - v ,t IA fi i' i.7! 1 L i --,v, t1 lei C. City of Waterloo Building and Inspections Department Information: Permit Number: Lo e 3 Co0 Lel 3`1 Date permit was issued: (v^' ► S I j 3 Total permit(s) valuation: t 6 3 F 13 t(., 2(I - D. What was the cost of the new construction? '13 OS, t.� t i Lit 2-4 Pq E. Estimated or actual date of completion of this new construction? 711.7114 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 1 of 1 11101111111110111111111111 Doc ID: 005527780001 Type: GEN KInd: WARRANTY Recorded: 07/22/20141 at 09:30:21 AM Fee Amt: $505.60 Page 1 of 1 RevenBlack Hawk ue XCounty Iowa JUDITH A MCCARTHY RECORDER F11e201 5",..0000124 7 M d c s+ Sc`ttL n-ee 414511 1tvkwee..:.;rly Ake 9C1) C't' ,-mss 1 S(NU 3 flriV Return To Bruce J. Wagner and Lisa K. Wagner, 4835 Yellowstone Dr., Waterloo, Iowa 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701, (319) 232-3304 Taxpayer:Bruce J. Wagner and Lisa K. Wagner, 4835 Yellowstone Dr., Waterloo, Iowa 50701 TSC# 141554 WARRANTY DEED - JOINT TENANCY For the consideration of One and No/100------------------ Dollar(s) and other valuable consideration, Midwest Development Co. a corporation organized and existing under the laws of Iowa, does hereby Convey to Bruce J. Wagner and Lisa K. Wagner, husband and wife, as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following described real estate in Mack Hawk County, Iowa: Lot 19, Klingaman Park Fourth Addition, Waterloo, Black Hawk County, Iowa (a Re -Plat of Tract C, Klingaman Park Third Addtiion). Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: JUt DO'IL) By: 0. S1tit1 ()A Kit STATE OF IOWA, COUNTY OF LINN ss: This instrument was acknowledged before me on this Kyle Skogman as President of Midwest Development Co. vL, 3 as 14 St,t, idwest Development Co. day of July, 2014, by Kyle 4835 Yellowstone Dr WShaulis Rd Not Base snap dab source is Bock Hank County. 'p T. map tloes rm resent• sraroy, rflabby is assumed for the accuracy MIM d date delineated herein, either expressed or 1p4ied W Block Hark Cou^7, by. Blab Hank County Assessor, or their employees. TM City of Waterloo makes no warranty, express or implied, as to the accuracy of the iMomraMn shown on this map. and expressly disclaims s tieplky ler Ihe accuracy thereof. Users should refer to offal plats, surveys, recorded deeds, Ws. located d .lat the Hank County Assessor's Off.. for complete aSh a and scam. information. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-729 RESOLUTION APPROVING APPLICATION WITH BRUCE & LISA WAGNER FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $308,611.00 FOR PROPERTY LOCATED AT 4835 YELLOWSTONE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Bruce & Lisa Wagner has submitted an application dated July 29, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $308,611.00 for property located at 4835 Yellowstone Drive more fully described as follows: Lot 19, Klingaman Park Fourth Addition, Waterloo, Black Hawk County, Iowa (a Re -Plat of Tract C, Klingaman Park Third Addition). Subject to easements, restrictions, covenants, ordinances and limited access provisions of record; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 25th daygf August, 2014. ATTEST: Ernest G.d‘Ole_ ark, Mayor S " Sch.'res, CMC City Cle.k APPLICANT'S NAME: APPLICANT' S ADDRESS: APPLICANT'S PHONE #: APPLICATION FOR VARIANCE TO NOISE ORDINANCE Koc '7 Zo _S 3/q 4/5 73&2f V-14---T—Cet .:774. c"1C) ANTICIPATED DATE OF VARIANCE: 4..hicAs-zr ?O /•</ NAME OF EVENT: TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: Zz.Z.j (I71.1 4u 3 :,.CITVITY FROM RESIDENTIAL PROPERTIES: ///1 44 ILE 7 1.12.11. • 7 ata al,- 7 a a; aa = a— a a:,a a a INCLUDE GEOGRAPHICAL LOCATION, AND WHAT —II -- NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA . CITY COUNCIL ACTION: APPROVAL: 4)-Sli Lf Date Zo r Police Dept. Recomm9iiflatwn APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-730 RESOLUTION GRANTING REQUEST OF JIM KOCH FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Jim Koch is requesting a variance to the Noise Ordinance on August 31, 2014 from 4:00 p.m. to 9:00 p.m. in conjunction with the University Avenue Cruise event to be held in the parking lot at 3555 University Avenue, including music and the use of a PA system, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Jim Koch has made formal application for a variance to the Noise Ordinance on August 31, 2014 from 4:00 p.m. to 9:00 p.m., together with recommendation of approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Jim Koch for a variance to the Noise Ordinance on August 31, 2014 from 4:00 p.m. to 9:00 p.m. in conjunction with the University Avenue Cruise event to be held in the parking lot at 3555 University Avenue, including music and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k A_PPrICA1ION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: CI -1-41 6 -Cr LOO rlUlf Loc s-taxiWa 2pi-octn .� s-trtal etre APPLICANT'S ADDRESS: '� LS (Y)Lttherful, S � u!'I WeSi Cies (fIc2�� rug a .50ato 5 APPLICANT'S PHONE #: 31 G- 49\CI i- U 3) ci a t -f o ANTICIPATED DALE, OF VARIANCE: g —9\ 6- I C` w - j 4 pctitioNAME OF EVENT: Cons tUcA-tin ie aC - to C", Rif) I a p C TIMES OF DAY OF VARIANCE: L — H 0. M GEOGRAPHICAL LOCATION OF VARIANCE: E S Ci L (R&rn p C E Sf-h DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 150 PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. h avvYk of c nT } 0 C.>nan c,., -e r -no Ocd-, f' o CITY COUNCIL ACTION: APPROVAL: q? -5 (�-{ Applicant's Signature e /9- (L/ Date Police Dept. Recommendation APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: 70 PC -A-- Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-731 RESOLUTION GRANTING REQUEST OF WESTERN WATERPROOFING CO. FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Western Waterproofing Co. is requesting a variance to the Noise Ordinance for construction renovation of the East 5th Street parking ramp from August 26, 2014 to September 26, 2014 during the hours of 6:00 p.m. to 4:00 a.m., and WHEREAS, said work will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Western Waterproofing Co. has made formal application for a variance for construction renovation of the East 5th Street parking ramp from August 26, 2014 to September 26, 2014 during the hours of 6:00 p.m. to 4:00 a.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Western Waterproofing Co., for a variance to Ordinance No. 3094, Noise Ordinance, for construction renovation of the East 5th Street parking ramp from August 26, 2014 to September 26, 2014 during the hours of 6:00 p.m. to 4:00 a.m., be and the same hereby granted. PASSED AND ADOPTED this ATTEST: uzy Sc ares, CMC City Cl:rk 25th day of August, 2014. C0� Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling an assessment for 2405 E. 4th Street Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of Weed assessment in the amount of $117.50. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Property was assessed inadvertently. DEANNE KOBUSKA From: SUZY SCHARES Sent: Wednesday, August 20, 2014 9:09 AM To: DEANNE KOBLISKA Subject: FW: 2405 E4th Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: LARRY SMITH Sent: Wednesday, August 20, 2014 9:08 AM To: EVELYN RUSSELL; SUZY SCHARES Cc: mailto:topflytsecurity©gmail.com Subject: RE: 2405E4th Hi Suzy it appears we have a slight problem with this address, this is one of several that should have been removed from being sent to the county for certification and placed on the properties tax roll. This property is one that was involved in the planting by Q3, the gentleman was in and his property is now being sold for taxes can we get this removed as quickly as we can. If there is a problem let me know thanks From: EVELYN RUSSELL Sent: Wednesday, August 20, 2014 9:03 AM To: LARRY SMITH Subject: FW: 2405E4th From: LARRY SMITH Sent: Monday, August 18, 2014 12:42 PM To: EVELYN RUSSELL Cc: topflytsecurity@lgmail.com; MARIA TILLER Subject: 2405E4th Tommy Mccellan-bey form 2405 E4th was in and said we had made a mistake in his weed mowing, Maria was going to remove it from the county somehow it didn't happen check this out ASAP and let me know, we need to get this straightened out immediately 1 Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-732 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR PARCEL NUMBER 8913-13-161-007 IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following assessment be and the same is hereby abated: Parcel No. 8913-13-161-007 (2405 E. 4th Street) Logan Dale Heights, Lot 5, Block 12, all in the City of Waterloo, Black Hawk County, Iowa. Weed Assessment - $117.50 BE IT FURTHER RESOLVED that the assessment be and the same hereby cancelled and the City Clerk be and she is hereby directed to notify the Black Hawk County Treasurer of said cancellation. PASSED AND ADOPTED this 25th day of August, 2014. rnest G. C ark Mayor ATTEST: y Scha es, CMC City Cler TRAVEL- REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Paul Huting, Leisure Services Director NAME OF CLASS / MEETING: Iowa Park and Recreation Association Conference DEPARTURE DATE: 9/15/2014 oses. e t this To attend the Iowa Park and Recreation Association Fall Workshop on stdeducational tewide committeeslprp that wllsmeet group in PURPOSE OF TRAVEL: for uring the Waterloo on a rotating basis so we need to be represented. I serve workshop. FINANCE DEPT. STAFF ONLY 0 3 �`• CAV____:6-- LINE ITEM USED *� 5���1 t� FY Vii, i") BUDGETED _ --eEXPENDED YTD ___ r THIS REQUEST fes LEFT AFTER THIS O✓ REQUEST _ — -_- DATE F'g- ,10/ Ori 'nal - Clerk/Finance Copy - Deportment DATE: September 15-17, 2014 DESTINATION: Dubuque, IA DEPARTURE POINT IF NOT WATERLOO: DATE(S) OF MEETING: 9/15-17/2014 AMENDED REQUEST ADDITION ERROR WILL TRAVEL REQUIRE ADDITIONAL METHOD OF TRAVEL: X COST $ NA YES NO X CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo BUDGET LINE ITEM: 010-4100-1346 ESTIMATE OF COST: 210.00 LODGING TAXI X GRANT REIMBURSABLE 50.00 MEALS 36.00 PARKING YES NO AIRFARE X REQUIRED CERTIFICATION 145.00 REGISTRATION "—'— MILEAGE/FUEL MISC/TOLLS YES NO PRIVATE VEHICLE TOTAL FOR ALL: $ 441.00 I BELIEVE PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD TOTAL: $ 0 PER PERSON I APPROVE THIS TRAVEL REQUEST DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 15 ILI- Complete one form per IPRA delegate. Please print legibly or type. Name: Address Cell phone:____ Email address: Fax: THE CITY OF UB Masterpiece on the Mississippi Job Title: Package Options: PretersionaI full package Daily educational sessions, Tuesday lunch, Tuesday evening social, all snack breaks i rofessionaI daily Tuesday— lunch, evening social, snack breaks, educational sessions Wednesday -- snack break, educational sessions Special Fees 0 Golf Outing $50 • Monday Night Social $10 ❑ Tuesday Evening Social • $20 C] Off-site Trikke Tour (Tuesday AM) • $15 J Off-site Trikke Tour (Tuesday PM) $15 iI Off-site Ropes Course (Tuesday PM) $15 • Aquatic CEJ Workshop (Wednesday AM) ..., $40 Credit card payment: Card number • Expiration date Name on card Statement billing address Statement billing city, state, zip_ List golf partners: 3 -digit security code (back of card)__- Secure online registration City, State, Zip:__-___--- Mark phone: . Iowa Park & Recreation A S S O C I A'r I O N Department:___._ Fees IPRA Member Non-IPRA Member ET Professional Full Package (expires 09.08.14).......$130 $275* Late/Onsite Professional Full Package.. $180 $325* LI Tuesday Daily Only $90 $235* ❑ Wednesday Daily Only $40 $185* = includes one year IPRA professional membership (valid until June 30, 2015); unless part of agency membership — then add $70 to IPRA member fee. Payment Options ❑ Check enclosed Visa l l Discover El Invoice L� MasterCard iaii tip: Fax to: IPRA 641.236.6779' 1534 Penrose Street Grinnell, 1A 50112-1203 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2015_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 o :4IA g107/ 51:1 '7z, $—k-2djL Copy - Department NAME(S) AND POSITION(S): Sergeant Kye Richter & Sergeant Rich Gehrke DATE: August 8, 2014 NAME OF CLASS / MEETING: Law Enforcement Supervision, Management & Leadership DESTINATION: Marion, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: September 23,2014 Return Date: September 25,2014 DATE(S) OF MEETING: Sept. 23-25,2014 PURPOSE OF TRAVEL: Lt Campbell is requesting authorization to send Sergeant Kye Richter & Sergeant Rich Gehrke to the Law Enforcement Supervision, Management & Leadership at the Marion, Iowa Police Department on September 23-25, 2014 in Marion, Iowa. This 3 day class is designed for front line supervisors to develop skill sets that make them effective leaders. The Officers will require a vehicle to drive to and from the class each day and lunch. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $0.00 LODGING $90.00 MEALS $590.00 REGISTRATION $50.00 MILEAGE/FUEL TOTAL FOR ALL: $ 730.00 Rental car PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 365.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WAT LOO DEPARTMENT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR Ci812-6(� DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED ('1G; C';, plc?, /.3,46, FYjli{/y BUDGETED . CCC1 EXPENDED YTD THIS REQUEST go4 LEFT AFTER THIS �a REQUEST c 55 DATE;545' ./54 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Suzy Schares, City Clerk Joyce Schroeder, Financial Analyst DATE: 8/15/2014 NAME OF CLASS / MEETING: New World Conference DESTINATION: Boca Raton, Florida DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 10/4/2014 RETURN DATE: 10/7/2014 DATE(S) OF MEETING: 10/5/2014-10/7/2014 PURPOSE OF TRAVEL/TRAINING: Classes to assist in increasing efficiency within the system, reviewing new modules, maximize reporting capabilities, and learn best practices for financial, payroll, and community development software WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE X AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: included LODGING $200.00 $150.00 MEALS $1890.00 REGISTRATION $850.00 $50.00 MILEAGE/FUEL $100.00 TOTAL FOR ALL: $ $3240.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-03-8400-1346 YES YES X GRANT REIMBURSABLE NO X REQUIRED CERTIFICATION NO TOTAL: $ $1620.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITYpF WATERLOO r' DEPARTME DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR x(2-.5 DATE CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 August 20, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Dear Mayor Clark and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on August 20, 2014. Of the 3 bonds submitted,- were approved and ' were rejected, as shown on the attached list. Very truly yours, David R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL AUGUST 25, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/2015) AMOUNT $5,000.00 55-207717 DELANEY CONCRETE CONSTRUCTION COMPANY, INC. MARION, IA IA550121 MAGEE CONSTRUCTION CEDAR FALLS, IA 4-046-750 THE SAMUELS GROUP, INC. WAUSAU, WI CITY OF WATERLOO Council Communication City Council Meeting: August 4, 2014 Prepared: July 28, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 FLOOD CON'1"ROL GA'1'EWELL REPAIRS Contract No. 867 Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set August 21, 2014 as the date for the bid opening, set August 25, 2014 as the date of the public hearing, and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2014 FLOOD CON "I'ROL GA'1"EWELL REPAIRS, Contract No. 867, as prepared by AECOM, of Waterloo, Iowa. Expenditure Required TBD at bid opening Source of Funds G. O. Bonds Policy Issue N/A Alternative N/A Background Information: fs 6 mollf44! 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APTION CERTIFI- oved subcontractors ales Tax Exemption lase building materi- Jaenseau Awne h Uno3 4344011 lees the performance of eseyossn 0 041 Lq penssl Noe 10 Its let by the City of 11IeP1 u y6ea41a�01emuiUPedun4p/pus 'leafed to the provisions of PIP sem to JaJnseaJl 041 A 1 s uno0 x3511 fuoanb Inter 384 of the City SSZ000-110 S /008 M £LEL 130Hvd e/4/e O 00, IOWA .a (b) -nod PP/ sJ AlunoO xMe 19 (A 000 lel xelxe 4 eI1 upon order to the City mos sem terloo, Iowa, on the 4th '33110 a EE1E168 # N a,eoy!ua 9 el 999 wnos Ideoxe toy 43414 '(,S9 S) 430 IeJ8 Paquosep 6u1Mopo8 a.iPa1110Zoieun0i 1 ay+ uO 1441 Paygou Agway 10 Lep 4102 uo! oes epooLII •poQJ saennof 441Ma ueruoonoA oe 1'f' JO a PapiooeJej f .I0 el11�146p papJoo8Junf subconteactod Ys ;pus pue uMoux wiefo M4loqunisfa101e Uj 1e eneq 1 USJOSSOdistributln ing the prime c< saau6!sse Ssasnods 'See/e601 !'saa,ue 6 returned. contractor wish vg `anbngn JaAn1 tells 4 041 Jo Ilv Upon award lusll Xej. 0 Z9L x38 •0.d 3„i b02 09 needed01411 '093 contract nrumb£01 10 leue0 -0Z0E1 O3 '0 eipuoseiI S ,00 11Eld will CONTRACT!', /3 00 xutions at no adC Slau11 ew OZbL011 '6 eJpuosal wn8 TA he l o3 eegs kiec!nyy 912 OLO 0pee1 M so0 nformUn 0 NmeH x City. b 415'3 9LE tau u oopaleM '1-9 woo si Bids may bEUno-9010-61£09 LlunoO 434 / a els v da s from IIowa, for a 1S inule�LO 6l £OS /, 'sau!oyy seasisoa for the purl- M 3 SOEL IeJauaO AauJoPental prior loinvestigatw 0EOLO9 VII3o9 J6uem 'is fleloweo s Eat, By virtue 1404 6ulgwn S EOb preferenc 1,�1 0OPa,eM bop ams pll4� Ep2ea provision ' n Lanooay Uoddn is eicqueoL the ntace 1s 419UoddnsP1.143-ZOLOS43 oopaleM gonstruc'6ZZ# 'u °da^s1p140 1,1 sags ueeroew oM PROPC 7 Lpeuue) 806E isol oopaleM The bid_ pste lead i 4 p� Z I 'saul°W sea Jep!oH e6e6uo C the b UMOJB sin Q o jUagoa 9 5Eo Olins .i7 Estim -sesso / 4Ue8 asey0 uefinyaot provir •,� ,r, d.. ul uosJo wdr uv EOS u -COLO bl:oo UO!s Palenn bidder submit ala 1 M City rese 449 OLDS vl oolJeieM 'C1 woo sl all bids, re -e/ .3 9LE Jolmnv Ahmo a '7S waive i that might 03 E 5p3 0 M01 I do solemnly swear that the annexed copy of legal City of Waterloo Gatewell Replacement Project Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of August, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $155.24 Subscribed and sworn to before me this Day of A.D., 20 14 � ?OCLLC � nq&41LLL/ Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKINS t rs MY CCM ST ' _S F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867 August 21, 2014 Bid Tab Estimate: $467,850.00 Bid Security Required Bidder Bid Security Bid Amount Boulder Contracting Base - $591,500.00 25789 N. Ave. 5% Alt - $173,000.00 Grundy Center, IA 50638 Total - $764,500.00 Calacci Construction Co., Inc. Base - $983,930.00 207 Scott Court (52245) 5% Alt - $239,648.00 P.O. Box 1906 Iowa City, IA 52244 Total - $1,222,978.00 Carl A. Nelson & Co. Base - $664,916.00 1815 Des Moines Ave. 5% Alt - $199,001.00 Burlington, IA 52601 Total - $863,917.00 Peterson Contractors, Inc. Base - $670,030.00 Box A 5% Alt - $167,680.00 Reinbeck, IA 50669 Total - $837,710.00 Reilly Construction Co., Inc. Base - $810,250.00 P.O. Box 99, 100 Main St. 5% Alt - $228,750.00 Ossian, IA 52161 Total - $1,039,000.00 WRH, Inc. Base - $642,200.00 P.O. Box 56 5% Alt - $212,500.00 Amana, IA 52203 Total - $854,700.00 F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867 August 21, 2014 Bid Tab Estimate: $467,850.00 Bid Security Required Bidder Bid Security Bid Amount Boulder Contracting 25789 N. Ave. Grundy Center, IA 50638 5% it S °I I le -00 . 00 liL 1 7 3 , Oc3o • sz:)c7 7 4' 7(, `t ; Soo, Calacci Construction Co., Inc. 207 Scott Court (52245) P.O. Box 1906 Iowa City, IA 52244 5% . 91 g 3 tat 33.("° -31 a �� �� ' vv .: .c3 t i D.3' 1 61 7 1 .00 Carl ANelson & Co. 1815 Des Moines Ave. Burlington, IA 52601 5% 9 ego L{ t9 (( .0 v `S t ci 9 toot .0O r 1i' b 3 , cr17 P OO KWS, Inc.f, Specialty Contractor P.O. Box 96 Cedar Falls, IA 50613 -S 5% �.ci ._ Peterson Contractors, Inc. BoxA Reinbeck, IA 50669 5% " L, 7 0 , 0 E i �7 , 0 = . 3 -? l 7 to 06 Reilly Construction Co., Inc. P.O. Box 99, 100 Main St. Ossian, IA 52161 5% 1 , • ,,C,) a 2A , .00 ^ 1 I) d 3'I ,000, WRH, Inc. P.O. Box 56 Amana, IA 52203 5% Co 9 a , aoo -3( a Iof =5' 7(-A , -700 i Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-733 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS, CONTRACT NO. 867. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, which were preliminarily approved by Resolution No. 2014-673 on August 4, 2014, and WHEREAS, a public hearing, upon notice, was held on August 25, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-734 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS, CONTRACT NO. 867. WHEREAS, by Resolution No. 2014-733, plans, specifications, form of contract, etc., in conjunction with the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on August 25, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Cle k CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: August 11,2014 Prepared: August 6, 2014 -/ Dept. Head Signature: # of Attachments: SUBJECT: Set date of hearing as August 25, 2014 for a request by High Development for a site plan amendment in the "S-1" Shopping Center District to allow for the construction of five 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway Avenue. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of public hearing on the site plan amendment request and publish an official notice pertinent to the requested amendment. Summary Statement: High Development is requesting to construct five 12 -unit multi -family dwellings. Expenditure Required: None Source of Funds: N/A Policy Issue: Site Plan Amendment Alternative: Legal Description: See Attached Background Information: The applicant is requesting the construction of five 12-plexes along with 60 detached garages and 72 surface parking spaces. The roads throughout the complex are shown to be 28' wide to allow for sufficient space for vehicular mobility. Primary access is shown from Edgemont Avenue but additional access is shown in the northwest corner from Ridgeway Avenue and Kimball Avenue. The site plan contains approximately the south 5.32 acres of the 6 acre parcel. The applicant is planning to divide the property once the project is approved. Drawings indicate the proposed buildings will be 3 stories tall (approximately 36' 5") and be constructed of mostly vinyl siding along with stone veneer on the main level. Stone and vinyl shake siding is shown as detailing in the center of each building. Walk out patios are shown for main level units and wood decks are shown for the 2„d and 3rd floor units for individual outdoor space. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The site plan shows an extension of an 8" sanitary sewer line from the south west to accommodate sanitary sewer needs. The site plan indicates that an extension of a 6" water line located adjacent to the east property line will be extended west along the parking area between the proposed buildings. Existing fire hydrants are shown in the northeast corner and south east corner and the applicant has indicated that new fire hydrants will be placed in accordance with City Fire Department review. The site plan shows an existing and proposed detention pond in the southwest portion of the proposed area. The applicant has indicated that they plan to save and protect existing trees throughout the site. The Zoning ordinance states that the lot area, lot frontage and yard requirements of the "C-2" Commercial District shall be considered minimum to the "S-1" Shopping District, however it is expected these minimums will be exceeded in most instances. City council may, after recommendation from the commission, alter the yard requirements for the "S-1" District. The site plan shows garages placed in the front yard of the development along Edgemont Avenue. The Zoning Ordinance states that no accessory structure shall be allowed in the front yard however staff is considering the garages as a yard requirement therefore City Council will be able to alter the yard requirements in the "S-1" Shopping District to allow for the garages to be placed in what would be considered the front yard. The Fire Marshal also expressed that he would need to verify locations of fire hydrants, confirm fire flow and check that access would be suitable for the fire department. The marshal also stated that he would need to verify aerial access due to the structures being over 30' in height. At their August 5, 2014 meeting the Planning and Zoning Commission voted 4-0 to approve the request unanimously with two commissioners abstaining STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 25th day of August, 2014, at 5:30 p.m. in the Harold E. Getty Council Chambers, in the City Hall, City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request by High Development of Cedar Rapids, Iowa, for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit Multi -Family dwelling, generally located south of 200 East Ridgeway Avenue, legally described as follows: That part of the West Fractional One-half of the Northwest Fractional Quarter of Section No. three (3), Township No. Eighty-eight (88) North, Range No. Thirteen (13) West of the Fifth (5th) Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Commencing at the intersection of the South line of Ridgeway Avenue with the West line of Edgemont Avenue; thence South along the West line of Edgemont Avenue a distance of 200 feet; thence West long the North line of Edgemont Avenue a distance of 45 feet; thence South along the West line of Edgemont Avenue a distance of 839 feet to the North line of Southaven Addition, Water- loo, Black Hawk County, Iowa; thence West along the North line of said Southaven Addition to a point 380 feet East of the East line of Kimball Avenue; thence North to a point on the South line of Ridgeway Avenue that is 380 feet East of the intersection of the South line of Ridgeway Avenue and the East line of Kimball Avenue; thence East along the South line of Ridgeway Avenue to the place of beginning. Anyone interested may appear at that time and place and be heard or may file written objection with the City Clerk, City Hall, in Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 11th day of August, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: High Development of Cedar Rapids Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 14th day of August, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $24.86 er-iteak2-4--) Signed Subscribed and sworn to before me this as Day of i. �J� l,�.® A.D., 20 bc1LtE Received of Notary Public the sum of Dollars. In full for publication of the above notice. lel E C°(INS i y �r.9.`;SS N NO i t. EeSt'COMIP _ ..-- Mayor BUCK CLARK COUNCIL MEMBERS 000136a0..13e...0®a� DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CORIVIUNITYPLANNING AND DEVELOPMENT 715 Mulberry Street o Waterloo, Iowa 50703-5783 0 (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: August I�o2$l4— - Prepared: August 6, 2014 E 2 Dept. Head Signature: �. # of Attachments: q SUBJECT: Set date of public hearing as August 25, 2014, 2014 for a request by Brent Dahlstrom for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of 11 duplexes, located on Lot 76 of Summerland Park First Addition. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set date of public hearing as August 25, 2014, 2014 for a request by Brent Dahlstrom for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of 11 duplexes, located on Lot 76 of Summerland Park First Addition. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. The request to construct the duplexes would not appear to have a negative impact on the surrounding area, as the duplexes would be similar to already existing one and two family development in the area. Each unit would be two stories in height and have an attached one -stall garage, as well as additional space in the driveways for more parking. The request would not appear to have a negative impact upon surrounding traffic conditions in the area. Harvey Drive, which will be 26' in width is shown accessing the eleven duplexes from Summerland Drive, and there will be a hammerhead turn -around located at the end of the private street to allow for larger vehicles, such as fire trucks and garbage trucks to turn around and exit the area properly. The site plan amendment request would not appear to have a negative impact upon drainage in the area. The applicant will be constructing a storm water detention area on Tract "A" of the site to capture and release storm water at a controlled rate. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The proposed development would meet the density requirements for this particular zoning district. The proposed development will consist of a total of 22 units, however, based on the size of the lot, the applicant has the ability to potentially construct 41 units upon the site. All necessary utilities are within the area to serve the proposed development. Proposed water mains and sanitary sewer will be dedicated as public. At their August 5, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to recommend approval of the request for site plan amendment with the conditions that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc., and that a second access point is constructed into the subdivision as required by the Fire Code. Therefore, we would ask that the City Council set a date of public hearing as August 25, 2014, and publish the official notice pertinent to the request for site plan amendment as legally described in this letter. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: Legal Description: Summerland Park First Addition, Lot 76 ta:NA Cc: Aric Schroeder, City Planner --file-- STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 25th day of August, 2014, at 5:30 p.m. in the Harold E. Getty Council Chambers, in the City Hall, City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request by Brent Dahlstrom of Cedar Falls, Iowa, for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition, legally described as follows: Summerland Park First Addition, Lot 76. Anyone interested may appear at that time and place and be heard or may file written objection with the City Clerk, City Hall, in Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 11th day of August, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Brent Dahlstrom — Summerland Park First Addition, Lot 76 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 14th day of August, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $11.72 2�Y1 P.I� 4.C` - Ck) Signed Subscribed and sworn to before me this a.Q Day of A.D., 20 14 Received of Notary Public the sum of Dollars. In full for publication of the above notice. dWt it }S GN NQ.7ee.24 t CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 18, 2014 Dept. Head Signature:''�►�^' # of Attachments: SUBJECT: Request City Council resolution approving extension of services provided by Marsden Janitorial Service for cleaning services at City of Waterloo Public Works through September 30, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Request council approve extension of current contract through September 30, 2014 Expenditure Required: $1,052 per month Source of Funds: Shared departmental services - 1371 Policy Issue: N/A Alternative: N/A Background Information: Request approval of extension of contract through September 30, 2014. Services are being provided and agree to be provided through extension period at the current contracted price. Bid documents for future service agreement to be opened and awarded prior to end of contract extension. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-735 RESOLUTION APPROVING EXTENSION OF CLEANING SERVICES AT THE PUBLIC WORKS BUILDING WITH MARSDEN JANITORIAL SERVICE OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the extension of cleaning services at the Public Works building through September 30, 2014, at a cost of $1,052.00 per month, by and between Marsden Janitorial Service of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Suzy S ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 201A Dept. Head Signature: # of Attachments: SUBJECT: U.S. 218/ Washington Street Systemic Traffic Safety Improvements Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Pass a resolution accepting the bid and awarding the contract submitted by KWS Inc. of Cedar Falls, Iowa for $242,301.25 Summary Statement Improvements involve upgrading traffic signalization, installing high durability pavement markings, improving pedestrian crossing signals, installing advance end of green warning systems, and signage, as needed Expenditure Required: $242,301.25 Source of Funds: IDOT Traffic Safety Funds Grant Policy Issue Alternative Background Information: The original bid amount was $309,950.00. City as per Par 3 of Form of Bid has exercised its right to downsize the project. Only Items that were not included in the original grant proposal were downsized, preserving the benefit cost ratio. The changes are: • Omitted Video Detection Cameras and Associated Wiring • Omitted BBS (back-up battery system) • Omitted complete rewiring of W.11th intersections and required wiring only where it is needed for the new features. • Advance end of green warning systems were changed from wireless to wired. • Wiring for the new slip -fitter assemblies will be performed as normal at the transformer base of the pedestal poles eliminating the connection chamber on top of the pedestal pole. X- CONTRACT FOR THE CONSTRUCTION OF US 218/ Washington Systemic Traffic Safety Improvements Iowa DOT Project Number: CS -TSF -8155(732)--85-07 City Project Number TOF-214 CITY OF WATERLOO, IOWA This contract made and entered into this -10-1,4 day of itI,o(r, 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Contractor), WITNESSETH: of (.c2 t _ (hereinafter referred to as Contractor agrees to build and construct the US 218/ WASHINGTON STREET SYSTEMIC TRAFFIC SAFETY IMPROVEMENTS, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. Contractor understands, agrees with, and is bound by the terms of General Conditions of Contract and Special Conditions of Contract contained in the Contract Documents. The total amount of the performance bond, based on the Contractor's total bid prices, and for which 100% surety bond is required is $ alc„� This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. 141-3 S , IL Contractor BY: Title: i%, d. CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, on , 2014. ATTEST: , City Clerk, Waterloo, Iowa CONTRACT PAGE 1 TOTAL ALL ITEMS: $ 242,301.25 DESCRIPTION UNIT QUANITY UNIT COST ITEM COST 1 LUMP SUM TRAFFIC SIGNALIZATION LS 1.000 133,841.25 133,841.25 2 TREE REMOVAL, COMPLETE WITH STUMP REMOVAL EA 2.000 350.00 700.00 3 24" STOP LINE, WHITE HIGH DURABILITY FT 1508.000 42.50 64,090.00 4 6" CROSSWALK PAVEMENT MARKING, WHITE HIGH DURABILITY FT 566.000 13.75 7,782.50 5 6" INTERSECTION EXTENSION LANE LINE WHITE, HIGH DURABILITY, DOTTED AND SOLID FT 195.000 13.75 2,681.25 6 6" LANE LINE WHITE, HIGH DURABILITY FT 115.000 13.75 1,581.25 7 LEFT ARROW WHITE, HIGH DURABILITY EA 4.000 625.00 2,500.00 8 SIGN, R10 -6A 24"X30" AND MOUNTING BRACKET, COMPLETE WITH POST EA 1.000 350.00 350.00 9 SIGN, R3-5 30"X36" AND MOUNTING BRACKETS EA 3.000 350.00 1,050.00 10 SIGN, W3-3 SIGNAL AHEAD 30"X30" COMPLETE WITH SIGN POST EA 2.000 350.00 700.00 11 REMOVE SIGN POST AND RELOCATE 2 SIGNS EA 1.000 100.00 100.00 12 OBJECT MARKER OM2 -2H, COMPLETE WITH POST EA 7.000 125.00 875.00 13 OBJECT MARKER OM3 AS PER PLAN, COMPLETE WITH POST EA 2.000 150.00 300.00 14 TRAFFIC CONTROL LS 1.000 18,500.00 18,500.00 15 MOBILIZATION LS 1.000 7,250.00 7,250.00 TOTAL ALL ITEMS: $ 242,301.25 1-4 1-5 1-6 3 SEC 12 LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND AND MOUNTING BRACKETS, ATTCHED TO PIPING STRUCTURE UNDER DECK WITH MOUNTING BRACKET ARM OF AT LEAST 2' LONG EA 3 SEC 12" LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND SLIP FITTER ASSEMBLY AND MOUNTING HARDWARE, POST MOUNTED 4.000 1,250.00 5,000.00 3 SEC 12" LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND AND CABLE BRACKET, POST OR SIDE OF POLE MOUNTED EA 14.000 1,100.00 15,400.00 EA 34.000 1,175.00 39,950.00 1-7 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND RED RIGHT ARROW WITH BACK PLATE AND AND MOUNTING HARDWARE, POST MOUNTED EA 1.000 1,300.00 1,300.00 1-8 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND RED RIGHT ARROW WITH BACK PLATE AND AND MOUNTING BRACKETS, MAST -ARM MOUNTED EA 1.000 1,350.00 1,350.00 1-9 1-10 1-12 1-13 1-14 1-15 1-16 1-17 1-18 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND GREEN LEFT ARROW WITH BACK PLATE AND AND MOUNTING BRACKETS , MAST -ARM MOUNTED 4 SEC 12" LED SIGNAL HEAD AS PER PLAN WITH BACK PLATE AND MOUNTING BRACKETS 3 SEC 12" LED SIGNAL HEAD RYG LEFT ARROWS WITH BACK PLATE AND MOUNTING BRACKETS EA 1.000 1,350.00 1,350.00 EA 2.000 1,350.00 2,700.00 3 SEC 12" LED SIGNAL HEAD RYG LEFT ARROW WITH BACK PLATE AND SLIP FITTER ASSEMBLY AND MOUNTING HARDWARE 1 SEC 16" PEDESTRIAN SIGNAL HEAD WITH MOUTING HARDWARE EA 1.000 1,275.00 1,275.00 EA 2.000 1,300.00 2,600.00 10 FT PEDESTAL POLE COMPLETE WITH TRANSFORMER BASE, ANCHOR BOLTS AND CONCRETE BASE 12 FT PEDESTAL POLE COMPLETE WITH TRANSFORMER BASE, ANCHOR BOLTS INSTALLED AND CONCRETE BASE EA 2.000 875.00 1,750.00 EA 4.000 1,550.00 6,200.00 ADVANCE END OF GREEN WARNING SYSTEM, COMPLETE WITH 90"X48" SIGN, 12" Y LED BEACONS, RADIO COMMUNICATIONS, AND SIGN POSTS POST MOUNTED ADVANCE END OF GREEN SOLAR RADIO CONTROLLED WARNING SYSTEM, COMPLETE WITH 2 SIGN, 2 SIGN POSTS, 12" Y LED BEACONS, AND RADIO COMMUNICATIONS POST MOUNTED ADVANCE END OF GREEN SOLAR RADIO CONTROLLED WARNING SYSTEM, COMPLETE WITH 1 SIGN, 1 SIGN POSTS, 12" Y LED BEACONS, AND RADIO COMMUNICATIONS EA IS LS 2.000 1.000 1.000 1,600.00 2,333.33 3,200.00 2,333.33 2,333.33 IS 1.000 2,333:33 2,333.33 1-19 2 -CAMERA VIDEO DETECTION SYSTEM COMPLETE WITH RISER, MOUNTING HARDWARE, (AND MANUFACTURER'S REQUIRED CABLES ITEM 20) LS 1.000 14,500.00 Omitted 1-20 CABLES, VIDEO DETECTION, AS PER MANUFACTURER'S REQUIREMENT FOR ITEM 19 FT 417.000 2.25 Omitted 1-21 REMOVE EXISTING SIGN AND FLASHING BEACON EA 2.000 75.00 150.00 1-22 REMOVE EXISTING ARM OF MAST ARM -POLE EA 1.000 400.00 400.00 1-23 1-24 1-25 1-26 1-27 1-28 REMOVE EXISTING 10 FT PEDESTAL POLE AND REMOVE OR CUT OFF CONCRETE BASE AS NECESSARY RELOCATE PTZ CAMERA, DETECTION CAMERA, WIRELESS EQUIPMENT 2C#10 STREET LIGHT AND R.R. PREEMPTION EA 1.000 500.00 500.00 LS 1.000 1,200.00 1,200.00 FT 182.000 1.50 273.00 3C#16 AWG RAILROAD BLANKOUT SIGN 5C #16 AWG SIGNAL CABLE 7C #16 AWG SIGNAL CABLE FT 66.000 0.75 49.50 FT 5223.640 1.10 5,746.00 FT 0.000 1.50 1-29 1-30 12C #16 AWG SIGNAL CABLE EVP CABLE FT 142.000 2.75 390.50 FT 98.000 2.00 196.00 1-31 1-32 VIDEO DETECTION CAMERA CABLE FOR EXISTIN CAMERAS COAX (DELDEW 8281F) + 3C#16 1C#6 GREEN COPPER FT 265.000 2.75 728.75 FT 0.000 1.25 1-33 1-34 3 INCH SCH 80 PVC CONDUIT BORED 4 INCH SCH 80 PVC CONDUIT TRENCHED FT 170.000 23.00 3,910.00 FT 0.000 25.00 1-35 3 INCH SCH 80 PVC CONDUIT TRENCHED 1-36 1-37 NEW BBS, INSTALL INSIDE EXISTING DETACHED BBS CABINET AFTER REMOVING EXISTING BBS. FT 63.000 7.50 472.50 LS 1.000 5,590.35 Omitted NEW BBS, REPLACE EXISTING ATTACHED BBS CABINET TOTAL ITEM 1, LUMP SUM TRAFFIC SIGNALIZATION: EA 1.000 7,000.00 Omitted 133,841.25 DESCRIPTION UNIT QUANITY UNIT COST TOTAL ITEM COST 1-1 55' MAST ARM POLE, COMPLETE EA 1.000 14,750.00 14,750.00 1-2 42' MAST ARM POLE,COMPLETE EA 1.000 11,500.00 11,500.00 1-3 RELOCATE PTZ CAMERA, DETECTION CAMERA, WIRELESS EQUIPMENT,2 PED HEADS, AND 2 PUSH BUTTONS LS 1.000 4,500.00 4,500.00 1-4 1-5 1-6 3 SEC 12 LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND AND MOUNTING BRACKETS, ATTCHED TO PIPING STRUCTURE UNDER DECK WITH MOUNTING BRACKET ARM OF AT LEAST 2' LONG EA 3 SEC 12" LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND SLIP FITTER ASSEMBLY AND MOUNTING HARDWARE, POST MOUNTED 4.000 1,250.00 5,000.00 3 SEC 12" LED SIGNAL HEAD RYG SOLID BALL WITH BACK PLATE AND AND CABLE BRACKET, POST OR SIDE OF POLE MOUNTED EA 14.000 1,100.00 15,400.00 EA 34.000 1,175.00 39,950.00 1-7 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND RED RIGHT ARROW WITH BACK PLATE AND AND MOUNTING HARDWARE, POST MOUNTED EA 1.000 1,300.00 1,300.00 1-8 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND RED RIGHT ARROW WITH BACK PLATE AND AND MOUNTING BRACKETS, MAST -ARM MOUNTED EA 1.000 1,350.00 1,350.00 1-9 1-10 1-12 1-13 1-14 1-15 1-16 1-17 1-18 4 SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND GREEN LEFT ARROW WITH BACK PLATE AND AND MOUNTING BRACKETS , MAST -ARM MOUNTED 4 SEC 12" LED SIGNAL HEAD AS PER PLAN WITH BACK PLATE AND MOUNTING BRACKETS 3 SEC 12" LED SIGNAL HEAD RYG LEFT ARROWS WITH BACK PLATE AND MOUNTING BRACKETS EA 1.000 1,350.00 1,350.00 EA 2.000 1,350.00 2,700.00 3 SEC 12" LED SIGNAL HEAD RYG LEFT ARROW WITH BACK PLATE AND SLIP FITTER ASSEMBLY AND MOUNTING HARDWARE 1 SEC 16" PEDESTRIAN SIGNAL HEAD WITH MOUTING HARDWARE EA 1.000 1,275.00 1,275.00 EA 2.000 1,300.00 2,600.00 10 FT PEDESTAL POLE COMPLETE WITH TRANSFORMER BASE, ANCHOR BOLTS AND CONCRETE BASE 12 FT PEDESTAL POLE COMPLETE WITH TRANSFORMER BASE, ANCHOR BOLTS INSTALLED AND CONCRETE BASE EA 2.000 875.00 1,750.00 EA 4.000 1,550.00 6,200.00 ADVANCE END OF GREEN WARNING SYSTEM, COMPLETE WITH 90"X48" SIGN, 12" Y LED BEACONS, RADIO COMMUNICATIONS, AND SIGN POSTS POST MOUNTED ADVANCE END OF GREEN SOLAR RADIO CONTROLLED WARNING SYSTEM, COMPLETE WITH 2 SIGN, 2 SIGN POSTS, 12" Y LED BEACONS, AND RADIO COMMUNICATIONS POST MOUNTED ADVANCE END OF GREEN SOLAR RADIO CONTROLLED WARNING SYSTEM, COMPLETE WITH 1 SIGN, 1 SIGN POSTS, 12" Y LED BEACONS, AND RADIO COMMUNICATIONS EA IS LS 2.000 1.000 1.000 1,600.00 2,333.33 3,200.00 2,333.33 2,333.33 IS 1.000 2,333:33 2,333.33 1-19 2 -CAMERA VIDEO DETECTION SYSTEM COMPLETE WITH RISER, MOUNTING HARDWARE, (AND MANUFACTURER'S REQUIRED CABLES ITEM 20) LS 1.000 14,500.00 Omitted 1-20 CABLES, VIDEO DETECTION, AS PER MANUFACTURER'S REQUIREMENT FOR ITEM 19 FT 417.000 2.25 Omitted 1-21 REMOVE EXISTING SIGN AND FLASHING BEACON EA 2.000 75.00 150.00 1-22 REMOVE EXISTING ARM OF MAST ARM -POLE EA 1.000 400.00 400.00 1-23 1-24 1-25 1-26 1-27 1-28 REMOVE EXISTING 10 FT PEDESTAL POLE AND REMOVE OR CUT OFF CONCRETE BASE AS NECESSARY RELOCATE PTZ CAMERA, DETECTION CAMERA, WIRELESS EQUIPMENT 2C#10 STREET LIGHT AND R.R. PREEMPTION EA 1.000 500.00 500.00 LS 1.000 1,200.00 1,200.00 FT 182.000 1.50 273.00 3C#16 AWG RAILROAD BLANKOUT SIGN 5C #16 AWG SIGNAL CABLE 7C #16 AWG SIGNAL CABLE FT 66.000 0.75 49.50 FT 5223.640 1.10 5,746.00 FT 0.000 1.50 1-29 1-30 12C #16 AWG SIGNAL CABLE EVP CABLE FT 142.000 2.75 390.50 FT 98.000 2.00 196.00 1-31 1-32 VIDEO DETECTION CAMERA CABLE FOR EXISTIN CAMERAS COAX (DELDEW 8281F) + 3C#16 1C#6 GREEN COPPER FT 265.000 2.75 728.75 FT 0.000 1.25 1-33 1-34 3 INCH SCH 80 PVC CONDUIT BORED 4 INCH SCH 80 PVC CONDUIT TRENCHED FT 170.000 23.00 3,910.00 FT 0.000 25.00 1-35 3 INCH SCH 80 PVC CONDUIT TRENCHED 1-36 1-37 NEW BBS, INSTALL INSIDE EXISTING DETACHED BBS CABINET AFTER REMOVING EXISTING BBS. FT 63.000 7.50 472.50 LS 1.000 5,590.35 Omitted NEW BBS, REPLACE EXISTING ATTACHED BBS CABINET TOTAL ITEM 1, LUMP SUM TRAFFIC SIGNALIZATION: EA 1.000 7,000.00 Omitted 133,841.25 Bond #54-201857 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, KWS, Inc. of PO Box 96, Cedar Falls, IA. 50613 (the "Principal"), and United Fire & Casualty Company of 118 Second Ave SE, Cedar Rapids, IA. (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum o frwo hundred forty two thousand three hundred one & 25/100 Dollars ($ 242, 301.25 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about August 20, 2014 for the purpose of US 218/Washington Systemic Traffic Safety Improvements Iowa DOT Project No CS -TSF -8155 . The Contract is incorporated herein by reference as though fully set forth herein. (732)--85-07 Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of August 20, 2014 PRINCIPAL KWS, Inc. Title: SURETY United Fire & Casualty Company Name By: Scott Poppens Title: Attorney -In -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing bonds must appear on the Treasury Depaitment's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company - See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNii'ED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing wider the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint SCOTT POPPENS, OR. MARY RAMMEYER, OR MATTHEWARENHOLZ. OR ROBERT NEMMERS,' OR KATHY MCCLAIN; ALL INDIVIDUALLY of WATERLOO IA Inquiries: Surety Department ,, 118 Second Ave SE Cedar Rapids; IA 52401 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $6 , 000 , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 30th day of December'; 2015 unless sooner r evoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney ismade and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature' and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its .?"' ,.Q�o�E`oRPo qN�°., vice president and its corporate seal to be hereto affixed this 30th day of December , 2013 CORPORATE r2p TF.';R`s. oLY 2g.0 _z: SEAL aF i7 SEAL ��y'r n9[/FORx\p UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: ice President On 30th day of December, 2013, before me personally came Dennis J. Richmann to me known, who being by me dulysworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY thecorporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. / Judith A. Davis lows Notarial Seal Commission number 173041 My Commission Expires 4/23/2015 Notary Public My commission expires: 4/23/2015 I, David ALange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of ITED FIRE & INDEMNITY COMPANY, and Assistant Secretary FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations' this 20th day of August ,20 14 f COS fe.P.:ftV-CoVa :74CORT:RA7E �+y .'CORP: RATE ; U'��VLY 2p�O_ SEAL' F.� SFAL `' DAC Aa�P Tom. %°-4'' o dts 1�AR 111°‘` hl,o 11pt��``` Secretary, OF&C Assistant Secretary, OF&I/FPIC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/20/2014 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 Elliott Hartman Agency 611 Ansborough Waterloo IA 50704 NAME: Mary Kammeyer O IA/cC. No. Ext):319-233-8459 E-ADDRESS:marykaelliotthartman.corn INSURER(S) AFFORDING COVERAGE FAX No):319-232-0645 NAIC # INSURED KWS, Inc. 1125 Lincoln St., PO Box 96 Cedar Falls IA 50613 KWSIN-1 INSURER A :Phoenix Insurance Co. INSURER B Travelers Property Casualty Co 25623 INSURER C Travelers Indemnity Co of Conn INSURER D Travelers Indemnity Co of Amer INSURER E :Charter Oak Fire Insurance Co. 36161 25682 25666 25615 INSURER F COVERAGES CERTIFICATE NUMBER: • 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/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS B GENERAL LIABILITY DTC06561C894-TIL14 7/15/2014 7/15/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS -MADE X OCCUR PREMISES Ea occurrence) MED EXP $100,000 (Any one person) PERSONAL & ADV INJURY $5,000 $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 7 POLICY X JERe-F LOC $ C AUTOMOBILE LIABILITYCOMBINED DT810-6561C894TCT14 7/15/2014 //15/2015 SINGLE LIMIT 1,000,000 X ANY AUTO - ALL OWNED BODILYINJURY(Per person) $ AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS_ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ D X UMBRELLA LIAB X OCCUR DTSM-CUP6561C894IND14 7/15/2014 7/15/2015 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $2,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N DTNUB-6561C894-14 7/15/2014 7/15/2015 X WC STATU- TORY LIMITS OTH- ER ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $500,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $500,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 E Installation Floater Leased/Rented Item QT6602871C475COF14 7/15/2014 7/15/2015 Limit 500,000 Limit 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: US 218/Washington Systemic Traffic Safety Improvements Iowa DOT City of Waterloo is an additional insured when required by written contract. CANCELLATION City of Waterloo Engineering Department 715 Mulberry Street Waterloo IA 50703 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 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-736 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO KWS, INC. OF CEDAR FALLS, IOWA, IN THE AMOUNT OF $242,301.25, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE U.S. 218/WASHINGTON STREET SYSTEMIC TRAFFIC SAFETY IMPROVEMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with KWS, Inc. of Cedar Falls, Iowa, in the amount of $242,301.25, in conjunction with the U.S. 218/Washington Street Systemic Traffic Safety Improvements, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-679, after public hearing on August 11, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: uzy SAares, CMC City Clerk Ernest G."Clark, M47°6:/— ayor T7 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 ;% Dept. Head Signature: z/la (- Rudy D. Jo es, Cf munity Development Director # of Attachments: 5 SUBJECT: Multi -Family (Rental) Unit Production—New Construction Program—Round 6 Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Approve application for submission to IEDA before September 2, 2014. Summary Statement: Three applications were received for this project and reviewed by a subcommittee of the Community Development Board. We are allowed to submit up to two (2) applications to IEDA for the Multi -Family (Rental) Unit Production — New Construction Program — Round 6. The Community Development Board unanimously recommends the applications submitted by CommonBond Communities and Prairie Rapids, LLC. Project overviews and additional information are provided for all three (3) applications in the attachments. Expenditure Required: The funding request total is $5,910,000, which is $3,000,000 for CommonBond Communities and $2,910,000 for Prairie Rapids LLC of Cedar Rapids. No match required. Source of Funds: CDBG Supplemental funds through the Iowa Economic Development Authority (2008 Flood Recovery Funds). Policy Issue: None Alternative: If these applications are not approved there will be no submission for these funds. Background Information: Subcommittee members were: Rudy Jones, Nancy Gulick, Noel Anderson, Jeri Thornsberry, Sajra Vunic, Brooke Trent (absent), Tom Lind and Steve Schmitt. We conducted a very good review of the proposals and initially had consensus with the recommendation of CommonBonds Communities and Prairie Rapids, LLC. After notices were sent out to all of the developers of our intentions, I received email correspondence from Mr. Dahlstrom that Mr. Schmitt and Mr. Lind were changing their minds based on new information. At the CDBG Board meeting all of the developers present had opportunity to speak to their projects, as well as Mr. Lind and Mr. Schmitt sharing their new positions favoring the Grand Crossing project and denying CommonBonds. After discussion, it was put to a vote and the Board unanimously voted to maintain the original recommendation of the subcommittee. It is anticipated that all three developers will attend the City Council meeting and speak to their projects. J:\YEARDATA\IEDA GRANTS\Multi-Family-RENTAL\Round 6\Council Communication - Multi -Family -Round 6 Approval EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ROUND 6 MULTI -FAMILY RENTAL UNIT PRODUCTION NEW CONSTRUCTION PROGRAM EVALUATION CRITERIA/DEVELOPER GRAND INVESTMENTS, LLC COMMONBOND COMMUNITIES PRAIRIE RAPIDS, LLC TOTAL PROJECT COSTS $10,900,001 $4,667,846 $5,925,000 TOTAL CDBG FUND REQUEST $3,000,000 $3,000,000 $2,910,000 LOCATION West of Sportsplex between W. Mullan and Jefferson St. (Former Grand Hotel site) Greenhill Rd 1 mile from Central Middle School South of Ridgeway & East of Kimball BUILDING TYPE AFFORDABILITY 4 Story Townhomes Townhomes 3 Story, 12 Units Per Building Condominiums AT/BELOW 80%--VERSES--MARKET RATE 36 Units (53%)----32 Units (47%) All units at/below 80% AMI 31 Units (52%)----29 Units (48%) TOTAL NO. OF UNITS 68 24 60 APARTMENT SIZE 40-2 Bedroom & 28-1 Bedroom 10-2 bedroom & 14-3 bedroom 949 sq ft 2 bdrm/1 bath Prairie Rapids Square, Waterloo IA FROM THIS... ...TO THIS. Multi Family (Rental) Unit Production New Construction Program Round 6 Application Submitted to the City of Waterloo August 8, 2014 Multi -family (Rental) Unit Production — New Construction Program Round 6 Application INSTRUCTIONS: Complete all information requested on this application to the best of your ability. Please use ink, and print legibly. Contact your assigned Disaster Recovery Area or Direct Recipient administrative contact (Regional Super COGs or Entilment Citites) for the Multi -family (Rental) Unit Production — New Construction Program — Round 6 for details on how to submit this application. The Application Deadline is September 2, 2014. CDBG Contract Recipient Name of IEDA Disaster Recovery Recipient submitting this proposal: City of Waterloo (please specify disaster recipient county or city only, not grant administrator, COG or developer) Contact person name and contact information: (contact can be city, county, grant administrator or COG) Rudy D. Jones, Director, Waterloo Community Development Board 620 Mulberry Street. Waterloo, Iowa 50707 319-291-4429 Qualifying Category: Replacing Units Lost ❑ Impact on Area Recovery X Rental Applicant / Owner Information Prairie Rapids, LLC, 1100 Old Marion Road NE, Cedar Rapids, IA 52403 Name of Developer / LLC For -Profit X *Non -Profit ❑ High Darryl T Last Name (Individual Owner or CEO) First Name MI 47-1495603 Tax ID Number 319-363-3900 Contact Telephone # darrylh@hiqhdevelopment.com E-mail Address 1100 Old Marion Road NE Current Mailing Address 1 319-533-2204 Cell # 319-533-2197 Alternate Telephone # Cedar Rapids Linn Iowa 52402 City County State Zip Code `If the applicant is a non-profit organization, submit documentation indicating non-profit status. Please complete all of the following project information: Total project cost $5,925,000 General Administration funds (Recipient's Use) $0.00 _ (Not to exceed two percent (2%) calculated by taking Project cost :.98 — Project Cost = Admin.) Number of buildings in project 5 Total number of rental units in project 60 Total number of LMI units in project 31 1 Section I Proposed Rental Property To Be Constructed Please complete all of the following project/property information. For scattered -site projects complete this page for each individual building. Prairie Rapids Square Street Address Waterloo IA 50701 City State Zip Code Legal description(s) (if lengthy—attach): Part of an Existing Unplatted parcel recorded 1/31/1979. LD 537342 in the Black Hawk County Recorder's office, located South of Ridgeway Ave and East of Kimball Ave in Section 3. Township 88 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. Containing approximately 5.32 Acres, legal description, dimensions and area to be determined by survey. Number of rental units for this building 60 Number of rental units by bedroom size(s) (indicate the total number of units for this building by size, then indicate which of those units will be LMI as CDBG Disaster Assisted Units - 51%) Efficiency CDBG Disaster Assisted Units 1 -Bedroom CDBG Disaster Assisted Units 2 -Bedroom 60 CDBG Disaster Assisted Units 60 3 -Bedroom CDBG Disaster Assisted Units 4 -Bedroom CDBG Disaster Assisted Units Number units to be ADA Accessabie 4 Building Type: 3 Story, 12 Units Per Building, Condominiums Describe: 949 SF, 2 bedroom 1 bathroom, condo units. Features include: Highly Energy Efficient Unit- Energy Star 3.0, Washer & Dryer in each unit, 9' ceilings, Deck/Patio for each unit. Each building has a secured entrance and each unit comes with a 1 stall detached garage with opener. Building Codes applicable to this project All applicable current Federal, State & Municipal building codes. Is the proposed Rental Property to be located in a 100 -year flood plain? ❑ Yes ® No (if yes, do you have a LOMA/LOMR) Is the proposed Rental Property to be located in a locally proposed or designated buy-out area? ❑ Yes Z No Is this proposed Rental Property an upper story project in an existing downtown? ❑ Yes ® No Is this proposed Rental Property a conversion of an existing building into new housing units? ❑ Yes ® No Is this proposed Rental Property in -fill in on a previously improved lot? Z Yes ❑ No (not new construction in previously undeveloped green space) Is this project associated with a mixed-use project including commercial venture(s)? ❑ Yes ® No (any commercial costs must be separated from the housing project and not included in the budget or proforma) Number of Multi -family Rental Housing Units lost, in the jurisdiction where this project will be located, due to a Disaster Event between May 25, 2008 and August 13, 2008 N/A (Provide documentation) (Does not apply to applicants applying under the Impact Area Recovery Category) Income Targeting # of Units % of Total At/below 80% 31 51.67 (assisted units) Market-Rate/Other 29 48.33 TOTAL 60 _ 100 **PROVIDE ADDITIONAL DOCUMENTATION AS SHOWN ON APPLICATION CHECKLIST** 2 RENT CALCULATION WORKSHEET This worksheet must be completed and submitted with the Multi -Family (Rental) Unit production — New Construction — Round 6 Applications. Using the HOME 2014 (https://onecpd.info/resource-library/home-rent-limits/)program rents, record in the table below the 65% Rent for the county or metropolitan statistical area (MSA) for each of the unit sizes (efficiency, 1 - bedroom, 2 -bedroom, 3 -bedroom, 4 -bedroom) proposed. MAXIMUM RENTS for LMI assisted units Efficiency 1 -bedroom 2 -bedroom 3 -bedroom 4 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate 65% Rent $710 $762 $916 $1,049 $1,151 $883 $883 Record in the table below the Gross Rent (rent + utility allowance for tenant -paid utilities) to be charged for the proposed project for each of the unit sizes. Gross rents cannot exceed the rents recorded as 65% rents above. If the proposed project has different rents for the same size of unit (market rate), use both boxes for the unit size. Record the utility allowance for each unit size (utility allowances are available from the local housing authority). Subtract the utility allowance from the gross rent to determine the Net Rent. PROJECT RENTS Efficiency 1 -bedroom 2 -bedroom 3 -bedroom 4 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Gross Rents $883 $883 - Utility Allowance (electric, gas, sewers $88 $88 = Net Rents $795 $795 Answer the following questions. 1. What source was used to determine the utility allowance for tenant -paid utilities? (Please attach source documentation). Allowances for Tenant -Furnished Utilities and Other Services Provided by the Waterloo Housing Authority. Please see attached. 2. What is the effective date of the HOME rents recorded in the tables above? Are rents for the county or metropolitan statistical area? 3. The effective date of the HOME rents in the tables above is March 2014. The rents are for the Waterloo -Cedar Falls, IA HUD Metro FMR Area. Please see attached. Do all LMI assisted units have gross rents (net rents + utility allowance) at or below the 65% rent limit? Yes. All 60 Units in the project are below the 65% rent limit, however we are only committed to keeping 51.67%(31 Units) of the units at or below the 65% rent limit for the entire 10 year affordability period. The other 48.33%(29 Units) may or may not be at or below the 65% rent limit for the entire 10 year affordability period. 4. Will any utilities be provided by the owner and included in the tenant's monthly rent? If so, which utilities. No. 5. What rents (Gross, Net, other) are used in your proforma? Provide a breakout of the rental income used in the proforma including rents per unit size for the first year. For example: 12 months x $500 (1 bedroom Net Rent — no utilities included) x 10 units = $60,000. 12 months x $700 (2 bedroom Net Rent — no utilities included) x 10 units = $84,000. Proforma Rental Income Year 1 = $144,000. 12 months x $795(2 bedroom Net Rent- no utilities included) x 60 Units = $572,400. ut amt en • i ntt • • uc on : ei MSG Requested Amount General Administration (see guidelines for calculation) ound • . U, • et min Total Award Amount $2,910,000.00 [A] $0.00 $2,910,000.00 Other Funds Summar Source of Funds (list all) Use of Funds (Be Specific) Amounts Grant OR Loan (If loan, provide interest rate & term) Contact Person Name Telephon e Number Commitment Status Farmers State Bank Development Land Purchase Finance Costs Construction $3,015,000.00 Loan- 5%- 5 Year Term- 20 Year Amortization Dustin Thorson 319-939- 3011 Committed $ $ $ $ $ $ Other Funds Total TOTAL PROJECT BUDGET=[C] (CDBG Total [A] + Other Funds Total [B] = [C] $ $3,015,000.00 [B] $5,925,000.00 [C] SOURCES Project: Developer: and USES of FUNDS MFROUND 6 Prairie Rapids Square Prairie Rapids, LLC SOURCES CONVENTIONAL DEBT Provider: Farmers State Bank IA ECONOMIC DEVELOP. AUTHORITY (IEDA) FEDERAL HOME LOAN BANK of DSM Affordable Housing Program (AHP) INVESTMENT EQUITY Workforce Housing Credit (or a previously awarded Housing Enterprize Zone) Historic Tax Credits -State Historic Tax Credits -Federal Other Tax Credits OWNER/DEVELOPER CONTRIBUTION Cash Land Value Other Value CITY CONTRIBUTION City OTHER CONTRIBUTION Other (Specify) Tr TAL* Type T e Term Amount Loan/Grant, Rate I (yrs.) $3,015,000 $2,910,000 Loan Loan Amort. (yrs.) 0.00% 10 Debt Service Security $238,772 :`-Personal Guar "Personal Guar $5,925,000 f USES of FUNDS Land Acquisition Building Acquisition Demolition $ Amount On -Site Improvements Construction $213,000 $0 $0 $0 $5,043,500 SOURCES of FUNDS --MANDATORY Farmers State Bank Loan IEDA Loan($2,910,000) FSBLoan(2,133,500) Contingency (must be < 10%) (Not Eligible CDBG ) Architect & Engineering Lead Hazard Abatement Financing Costs Fees and Charges Legal & Acounting Owner/Developer Fee (12% or less) Geotechnical and Energy Audit/Testing Marketing $200,000 $37,500 $0 $105,000 $0 $6,000 $250,000 $55,000 $15,000 Farmers State Bank Loan Farmers State Bank Loan Farmers State Bank Loan Farmers State Bank Loan Farmers State Bank Loan Farmers State Bank Loan Farmers State Bank Loan TOTAL* *Total Sources of Funds MUST equal Total Uses of Funds $5,925,0001; Exhibit 4h -Proforma, Page 1 15-YEAR CASH , N PROFORMA Project Name: Prairie Rapids I Escalating Factors: Vacancy 8.00% I Expenses 2.00% Income 1.00% Reserve Replacement Fund 3.00% PMI % 0.00% _ Income: (Explain, if necessary) Ij Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Rental Income $795/Unit 572,400 578,124 583,905 589,744 595,642 601,598 607,614 613,690 619,827 626,025 632,286 638,609 644,995 651,445 657,959 Laundry Income 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Income (Specify) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Income (Specify) _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Less Vacancy _ (45,792) (46,250) (46,712) (47,180) (47,651) (48,128) 48,609 ( ) (49,095) (49,586) (50,082) (50,583) (51,089) (51,600) (52,116) (52,637) Rental Income - 526,608 531,874 537,193 542,565 547,990 553,470 559,005 564,595 570,241 575,943 581,703 587,520 593,395 599,329 605,322 Operating Expenses: Accounting andAuditin.-• 6,000 6,120 6,242 6,367 6,495 6,624 6,757 6,892 7,030 7,171 7,314 7,460 7,609 7,762 7,917 Ice xpense% On-site Mana.er Salaries 12,000 12,240 12,485 12,734 12,989 13,249 13,514 13,784 14,060 14,341 14,628 14,920 15,219 15,523 15 834 Propert Mgrnt fee' 6% NRI 31,596 31,912 32,232 32,554. 32,879 33,208 33,540 33,876 34,214 34,557 34,902 35,251 35,604 35,960 36,319 Electric and Gas Vacancy & Telephone 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 12,190 12,434 12,682 12,936 13,195 Water and Sewer Vacancy 3,000 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 3,730 3,805 3,881 3,958 Waste Removal 3,000 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 3,657 3,730 3,805 3,881 3,958 Advertising 13,000 13,260 13,525 13,796 14,072 14,353 14,640 14,933 15,232 15,536 15,847 16,164 16,487 16,817 17,153 Maintenance payroll 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Re airs and Maintenance $515/Unit/Year 30,900 31,518 32,148 32,791 33,447 34,116 34,798 35,494 36,204 36,928 37,667 38,420 39,189 39,972 40,772 Decorating 1,500 1,530 1,561 .1,592 1,624 1,656 1,689 1,723 1,757 1,793 1,828 1,865 1,902 1,940 1,979 Elevator Maintenance 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Grounds Maintenance 6,000 6,120 6,242 6,367 6,495 6,624 6,757 6,892 7,030 7,171 7,314 7,460 7,609 7,762 7,917 Snow Removal 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 8,963 9,142 9,325 9,512 9,702 9,896 Real Estate Taxes* 84,000 85,680 87,394 89,141 90,924 92,743 94,598 96,490 98,419 100,388 102,396 104,443 106 532 108 663 110,836 Insurance 15,600 15,912 16,230 16,555 16,886 17,224 17,568 17,919 18,278 18,643 19,016 19,397 19,785 20,180 20,584 Supportive Services 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 Other (Specify) Tax Return 750 765 780 796 812 828 845 862 879 896 914 933 951 970 990 Other (Specify) Managin. Member Fee 3,900 3,978 4,058 4,139 4,221 4,306 4,392 4,480 4,569 4,661 4,754 4,849 4,946 5,045 5146 Adjustments" (ie tax abatements): 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Operating Expenses 228,746 233,005 237,346 241,771 246,281 250,878 255,563 260,339 265,207 270,169 275,227 280,382 285,638 290,994 296 455 _ Net Operating Income Operating Expense Ratio 297,862 43% 298,869 44% 299,846 44% 300,794 45% 301,709 45% 302,593 45% 303,442 46% 304,256 46% 305,034 47% 305,774 47% 306,476 47% 307,137 48% 307,758 48% 308,335 49% 308,868 49% Reserve replacement funds' $250/Unit/Year 15,000 15,450 15,914 16,391 16,883 17,389 17,911 18,448 19,002 19,572 20,159 20,764 21,386 22,028 22 689 Mortgage Ins. Prem. (MIP)* Adjusted N.O.I. 282,862 283,419 283,933 284,403 284,827 285,203 285,531 285,808 286,032 286,203 286,317 286,374 266,371 286,307 266,179 1st Mortgage Debt Service 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 HOME Debt Service 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Subordinate Loans 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Deferred Developer Fee 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Subordinate Loans 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Debt $3,015,000/5%/20 Years 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 238,772 r 238,772 238,772 Net cash flow 44,090 44,647 45,161 45,631 46,055 46,431 46,759 47,036 47,260 47,431 47,545 47,602 47,599 47,535 47,407 -` =Enter Debt Service Ratio:(1st Mort.) Debt Service Ratio: Total all years manually 1.18 • 1.18 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.19 1.20 1.20 1.20 1.20 1.20 1,20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 1.20 " Enter all years as applicable, manually as a negative number 1 I ll 1 Exhibit 4h -Proforma, Page 1 • s SITE PLAN 1 j % (2 1a 2-3, 2-4) Walkable Neighborhoods 2 Public Accesses T w/.a1P14 : 1 4A .,..:9 .. ,.. r.,.., t .) Building k a No.2 12 boils la) Existing Water Main II EFISIing B Roposed Colophon Pond (2 -la) Existing Sanitary Sewer Conne,I to E.isling Sa. clay Suwer Manhole SD �D SO' 100' SCALE, 1"=100 Note: Firs Hydrants shell be placed In accordance with City Fire Depanmanl revle Existing Zoning: S-1 - Shopping Ceder LOCATION MAP (401 to Scale) Proposed Total Area - 231,760 Sq. Fl. (532 Ac) Proposed Total Hard Surface (Buildings, Drives A Parking) = 89.428 Sq. FL (2.05 An.): 3e.6% Proposed Total Green Space m 142,334 Sq. Ft. (3.27 Ac.): 61.4% Proposed Parkingg - 2lper unll: lira? 60 = 120 stalls , Including 10 Handl-Cap accessible stalls plus en addlllonal 10%Parking Stalk. Total = 132 Stalls (60 Garages and 72 surface perking) General Legal Description: Ped of ell Existing Onplalled permit recorded 1131/1978. LD 53734210 the Black Hawk Cuunly Recoldere office, 1000100 Soulh of Ridgeway Ave and East 01 Kimball Ave In Section 3, Townahlp 58 Nonh, Range 13 Weal of the 510 P.M., Clly et Waterloo, Black Hawk County, Iowa. Containing approximately 5.32 Acres. legal description, dimensions and area to be delennined by survey. Owner: SCHOITZ MEMORIAL HOSPITAL 2101 KIMBALL AVE WATERLOO, IA 50702 Contours courtesy 01 Iowa Department of Natural Resources LIDAR protect. Aerial photography obtained Iron Black Hawk County GIS Department. Revision Description: Dale: SITE PLAN Pie: F'\ Projects\ 20141201+ m 511tOh_Walerbe_FIeeM Replosl/000/WeenWests_Plen.dog P101001 No. 2011.011 PRAIRIE RAPIDS SQUARE WATERLOO, IOWA Casady Engineerings LW civil engineering - land surveying 1355 Robins Road - Hiawatha, IA 52233 - Phone: (319) 213-2532 Drawn by: g(c Approved by: Plot Dale: August 1, 2014 SHEET 1 011 • <, � aoow wmw_ FRONT ELEVATION OrV ECALE. ". .pt Y R�C�IO CO��� L� AOR VOID O AOR --- .— <-4—"wo now BUILDINGBC CODE REVIEW: _.99EP94pL.�. !: yyxpgp.< X0P13.1141. VW' .41.0 REAR ELEVATION SCALE, V."• f -O` AHMM4N DEsION INC. (3191395.7900 8 W HIGH DEVELOPMENT u .wuHx wnE rluu u�c. CommonBond COMMUNITIES August 7, 2014 Rudy D. Jones, Director Waterloo Community Development Board 620 Mulberry Street Waterloo, IA 50707 Re: Application for CDBG Disaster Recovery Funds Dear Mr. Jones and Reviewing Committee, 1080 Montreal Ave St. Paul MN 55116 651-291-1750 651-291-1003 FAX www.commonbond.org CommonBond Communities respectfully submits this proposal for the construction of Greenhill Townhomes for your review. We believe that this workforce development will enhance the lives of its residents, meet the housing needs of Waterloo, and create a space that will benefit the community for the long-term. CommonBond would like to thank the City of Waterloo for the opportunity to submit this proposal. If you have any questions, please contact: Justin Eilers, Housing Development Manager 651.312.3352 justin.eilers@commonbond.org Sincerely, Ellen Higgins Vice President of Development CommonBond Communities 1080 Montreal Ave St. Paul, MN 55116 Multi -family (Rental) Unit Production — New Construction Program Round 6 Application INSTRUCTIONS: Complete all information requested on this application to the best of your ability. Please use ink, and print legibly. Contact your assigned Disaster Recovery Area or Direct Recipient administrative contact (Regional Super COGs or Entilment Citites) for the Multi -family (Rental) Unit Production — New Construction Program — Round 6 for details on how to submit this application. The Application Deadline is September 2, 2014. CDBG Contract Recipient Name of IEDA Disaster Recovery Recipient submitting this proposal: City of Waterloo (please specify disaster recipient county or city only, not grant administrator, COG or developer) Contact person name and contact information: (contact can be city, county, grant administrator or COG) Rudy Jones — City of Waterloo — rudyjones(c�waterloo-ia.oro — (319) 291-4429 Qualifying Category: Replacing Units Lost 0 Impact on Area Recovery X Rental Applicant / Owner Information CommonBond Communities Name of Developer / LLC For -Profit 0 *Non -Profit X Fate Paul First Name MI Last Name (Individual Owner or CEO) 41-1260469 Tax ID Number 651-310-9268 Contact Telephone # Paul. Fate(a..commonbond. ord E-mail Address 1080 Montreal Ave Cell # Alternate Telephone # Current Mailing Address 1 St. Paul Ramsey MN 55116_. City County State Zip Code *If the applicant is a non-profit organization, submit documentation indicating non-profit status. Please complete all of the following project information: Total project cost $3,061,224 General Administration funds (Recipient's Use) $61,224 (Not to exceed two percent (2%) calculated by taking Project cost _ .98 — Project Cost = Admin.) Number of buildings in project 24 Total number of rental units in project_ 24_ Total number of LMI units in project 24 Section I Proposed Rental Property To Be Constructed Please complete all of the following project/property information. For scattered -site projects complete this page for each individual building. University Ave and Greenhill Road Street Address Waterloo IA 50701 City State Zip Code Legal description(s) (if lengthy—attach): Parcel H, SW 'A Sec. 21, T89, R13W, City of Waterloo, Black Hawk County, IA Number of rental units for this building _24 Number of rental units by bedroom size(s) (indicate the total number of units for this building by size, then indicate which of those units will be LMI as CDBG Disaster Assisted Units — 51%) Efficiency CDBG Disaster Assisted Units 1 -Bedroom CDBG Disaster Assisted Units 2 -Bedroom _10_ CDBG Disaster Assisted Units _10_ 3 -Bedroom _14_ CDBG Disaster Assisted Units _14_ 4 -Bedroom CDBG Disaster Assisted Units Number units to be ADA Accessible 4 Building Type: Describe Townhomes Building Codes applicable to this project City of Waterloo — Multifamily Building Code Is the proposed Rental Property to be located in a 100 -year flood plain? ❑ Yes X No (if yes, do you have a LOMA/LOMR) Is the proposed Rental Property to be located in a locally proposed or designated buy-out area? ❑ Yes X No Is this proposed Rental Property an upper story project in an existing downtown? ❑ Yes X No Is this proposed Rental Property a conversion of an existing building into new housing units? ❑ Yes X No Is this proposed Rental Property in -fill in on a previously improved lot? ❑ Yes X No (not new construction in previously undeveloped green space) Is this project associated with a mixed-use project including commercial venture(s)? ❑ Yes X No (any commercial costs must be separated from the housing project and not included in the budget or proforma) Number of Multi -family Rental Housing Units lost, in the jurisdiction where this project will be located, due to a Disaster Event between May 25, 2008 and August 13, 2008 N/A (Provide documentation) (Does not apply to applicants applying under the Impact Area Recovery Category) Income Targeting # of Units % of Total At/below 80% 24 100% (assisted units) Market-Rate/Other TOTAL 24 100% 2 Exhibit 4h -Proforma, Page 1 15 -YEAR CASH FLOW PROFORMA Project Name: Greenhill Townhomes Income PMI % L 2.00% 3.00% Vacancy 7.00% I Expenses Reserve Replacement Fund 3.00% 3.00% Year 3 Year 13 Year 14 Year 15 300,558 -EssatatingFactors: - _ Income: (Explain, If necessary) . Year 1 Year 2 Year 4 j{I Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Rental Income 227,784 0 232,340 0 236,986 0 241,728 0 246,561 0 251,492 0 256,522 0 261,652 0 280,885 0 272,223 0 5,500 277,667 0 283,221 0 288,885 0 294,863 0 0 Laundry Income 9,000 10,000 11,000 0 12,000 0 13,000 0 949) Other Income Property Tax Reserve 0 0 0 0 0 0 0 0 0 1,500 0 1,530 0 4 500 0 0 0 0 (Specify) 0 0 Other Income (Specify) Less Vacancy (15,945) (18,264) (16,589) (16,921) (17.259) (17.604) (18.062) (18.423) (18,997) (19,441) (20.067) (20.525) (20.992) (21.466) (21 Rental Income 211,839 216,076 220,397 224,805 229,301 233,888 239,980 244,759 262,388 268,282 268,801 272,696 278,893 285,196 291.607 _ Operating Expenses: 5,500 5,665 5,836 6,010 6,190 17,445 14,306 5,628 11,255 6,376 17,069 14,735 5,796 11 593 4,637 2,898 6,567 18,508 15,177 5,970 11,941 4,776 2,085 6,764 19,063 15,632 6,149 12,299 4,919 3,075 6,967 19,635 16,101 6,334 12,668 5,067 3,167 20,902 7,176 20,224 16,584 6,524 13,048 5,219 3,262 21,529 28,705 7,392 20,831 17,082 6,720 13,430 7,613 21,458 17,594 7,842 22,099 15,122 8,077 22,762 18,666 7,343 8,319 23,445 19,226 7,583 Accounting and Auditing Office Expenses/ 15,500 12,710 5,000 15,965 13,092 5,150 16,444 13,484 5,305 16,937 13,889 5,464 0n -site Manager Salaries Property Mgmt fee" 8,921 13,842 7,129 Electric and Gas 14,258 14,885 15,128 Water and Sewer 10,000 10,300 10,609 10,927 5,370 5,537 5,703 5,874 6,050 4,000 4,120 4,244 2,652 4,371 2,732 4,502 2,814 3,360 22,175 29,566 3,461 3,504 23,525 31,387 3,871 24,231 32,308 37_8_1 24,958 33,277 Waste Removal Advertising Maintenance pa roll 2,500 16 500 22,000 2,575 16 995 22,680 17 505 23,340 18,030 24,040 18 571 19,128 19,702 20,203 22,840 30,453 24,781 25,504 26,269 27,057 27,869 Maintenance 1,344 1,384 1,426 1,469 1,513 Repairs and Decorating 1,000 1,030 1,061 1,093 1,126 1,159 1,194 1,230 1,267 1,305 5,464 5,628 5,706 5,970 6,149 6,334 6,524 6,720 6,921 7,129 7,343 7,583 Elevator Maintenance 5,000 5,150 5,150 7,210 5,305 5,305 7,426 5,464 7,649 5,628 7,879 5,706 8,115 5,970 8,358 6,149 8,609 6,334 8,867 6,524 9,133 6,720 9,407 26,878 16,127 6,921 9,690 7,129 7,343 7,563 Grounds Maintenance 5,000 7,000 9,980 10,280 10,588 27,885 16,611 28,515 17,109 29,371 17,622 0 30,252 18,151 0 $pow Removal Taxes* 20,000 20,600 12,360 21,218 12,731 21,855 13,113 22,510 13,506 23,185 13,911 23,881 14,329 24,597 14,758 25,335 15,201 26,095 15,657 Real Estate 12,000 Insurance Supportive Services 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other (Specify) Other (Specify) 0 0 0 0 0 0 0 0 (14,420) (12,731) (10,927) (9,004) (9,274) (7,164) (7,379) (5,067) (5,219) 0 0 0 0 Adjustments** (16,000) (ie'taxabatements): 164,433 169,366 176,981 182,290 193,135 198,929 204,897 211,043 217,375 127,710 133,602 139,731 146,109 152,743 157,325 _ Total Operating Expenses Net Operating Income Operating Expense Ratio 84,129 60% 82,474 62% 80,666 63% 78,696 65% 76,558 67% 76,562 67% 75,527 69% 75,393 69% 75,407 70% 75,992 71% 73,466 72% 73,767 73% 73,997 73% 74,153 74% 74,232 75% 9,888 10,185 10,490 10,805 11,129 11,463 11,807 12,161 12,526 12,902 13,289 13,887 14,098 14,521 Reserve replacement funds* 9,600 Mortgage Ins. Prem. (MIP)* Adjusted N.0.1. 72,586 70,481 68,206 65,753 65,433 64,064 63,586 63,246 63,466 60,564 60,478 60,309 60,055 59,712 74,529 55,044 0 55,044 0 55,044 0 55,044 0 55,044 0 55,044 65,044 55,044 55,044 65,044 1st Mortgage Debt Service 56,044 0 55,044 0 55,044 0 55,044 0 55,044 0 0 0 0 0 0 HOME Debt Service Loans Other Subordinate Deferred Developer Fee Subordinate Loans 65,044 65,044 85,044 55,044 55,044 Other 55,044 55,044 17,542 55,044 15,437 55,044 13,162 55,044 55,044 65,044 9,020 1.16 1.16 66,044 65,044 65,044 Total Debt 8,542 1.16 1.16 8,202 1.16 1.15 8,422 1.15 1.15 5,520 1.10 1.10 5,434 1.10 1.10 5,285 1.10 1.10 5,011 1.09 1.09 4,688 1.08 1.08 Net cash flow 10,709 1.19 1.19 10,389 1.19 1.19 19,485 1.32 1.32 1.28 1.28 1.24 1.24 1.35 1.35 Debt Service Ratio:(t st Mort.) _ _ Debt Service Ratio: Total *Enter all years manually as a negative number ** Enter allears, as applicable, manually y II I Exhibit 4h -Proforma, Page 1 RENT CALCULATION WORKSHEET This worksheet must be completed and submitted with the Multi -Family (Rental) Unit production — New Construction — Round 6 Applications. Using the HOME 2014 (https://onecpd.info/resource-library/home-rent-limits/)program rents, record in the table below the 65% Rent for the county or metropolitan statistical area (MSA) for each of the unit sizes (efficiency, 1 - bedroom, 2 -bedroom, 3 -bedroom, 4 -bedroom) proposed. MAXIMUM RENTS for LMI assisted units Efficiency 1 -bedroom 2 -bedroom 3 -bedroom 4 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate 65% Rent 710 762 916 1049 1151 775 Record in the table below the Gross Rent (rent + utility allowance for tenant -paid utilities) to be charged for the proposed project for each of the unit sizes. Gross rents cannot exceed the rents recorded as 65% rents above. If the proposed project has different rents for the same size of unit (market rate), use both boxes for the unit size. Record the utility allowance for each unit size (utility allowances are available from the local housing authority). Subtract the utility allowance from the gross rent to determine the Net Rent. PROJECT RENTS Efficiency 1 -bedroom 2 -bedroom 3 -bedroom 4 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Gross Rents 775 900 - Utility Allowance (electric, gas, sewer) 50 62 = Net Rents 725 838 - Answer the following questions. 1. What source was used to determine the utility allowance for tenant -paid utilities? (Please attach source documentation). The Waterloo Housing Authority provided the utility allowance documentation. 2. What is the effective date of the HOME rents recorded in the tables above? Are rents for the county or metropolitan statistical area? 3. The effective date is April 2014. They are for the metropolitan statistical area. Do all LMI assisted units have gross rents (net rents + utility allowance) at or below the 65% rent limit? Yes 4. Will any utilities be provided by the owner and included in the tenant's monthly rent? If so, which utilities. Yes. The owner will provide sewer, water, and trash collection services. 5. What rents (Gross, Net, other) are used in your proforma? Provide a breakout of the rental income used in the proforma including rents per unit size for the first year. For example: 12 months x $500 (1 bedroom Net Rent — no utilities included) x 10 units = $60,000. 12 months x $700 (2 bedroom Net Rent — no utilities included) x 10 units = $84,000. Proforma Rental Income Year 1 = $144,000. 12 months x 725 (2 bedroom rent) x 10 units = $87,000 12 months x 838 (3 bedroom rent) x 14 units = $140,784 Pro Forma Rental Income Year 1 = $227,784 Multi -family (Rental) Unit Production (New Const:) — Round 6 Budget Summary CDBG Requested Amount General Administration (see guidelines for calculation) Total Award Amount Commitment Status $3,000,000 [A] $61,224 $3,061,224 Source of Funds (list all) Use of Funds (Be Specific) Amounts Grant OR Loan (If loan, provide interest rate & term) Contact Person Name Telephone Number Commitment Status Iowa Finance Authority Construction & Admin $800,000 Loan, 30 years, 5.5% Interest Tim Morlan 515-725- 4914 Letter of Intent Executed City HOME Funds Construction & Admin $150,000 Forgivabl e loan Rudy Jones (319) 291— 4429 Application in Fall/Winter Workforce Housing Tax Credit Construction & Admin $90,000 Grant/Eq uity Jeremy Babcock , (515) 725- 3128 Application available in fall State HOME Funds Construction & Admin $566,622 Deferred loan Jerry Floyd (515) 725- 4907 Application in December $ $ $ Other Funds Total $ $1,606,622 [B] $4,667,846 [c] TOTAL. PROJECT BUDGET=[C] (CDBG Total [A] + Other Funds Total I_i = c SOURCES Project: Developer: and USES of FUNDS MFROUND6 Greenhill Townhomes CommonBond Communities SOURCES $ Amount Type Loan/Grant Rate Term (yrs) Amort. (yrs.) Debt Service Security CONVENTIONAL DEBT Provider: $800,000 Loan 5.50% 30 30 $55,044 IA ECONOMIC DEVELOP. AUTHORITY (IEDA) $3,061,224 For. Loan 0.00% 10 10 $0 FEDERAL HOME LOAN BANK of DSM Affordable Housing Program (AHP) INVESTMENT EQUITY Workforce Housing Credit (or a previously awarded Housing Enterprize Zone) Historic Tax Credits -State Historic Tax Credits -Federal Other Tax Credits $90,000 Grant N/A N/A N/A ' OWNER/DEVELOPER CONTRIBUTION Cash Land Value Other Value CITY CONTRIBUTION City HOME Funds $150,000 $566,622 For. Loan Def. Loan 1.00% 1.00% 20 20 20 20 :Based Based on cash flow , on cash flow , OTHER CONTRIBUTION Other (Specify) State HOME Funds TOTAL* $4,667,846 I 1 USES of FUNDS $ Amount SOURCES of FUNDS --MANDATORY Land Acquisition $295,000 $0 $0 $100,000 $3,320,346 $150,000 $160,000 $0 $66,000 $96,500 $40,000 $400,000 $40,000 CDBG„ Mortgage , CDBG, HOME, Mortgage CDBG, HOME, HOME, Mortgage CDBG, Mortgage HOME, CDBG CDBG, HOME CDBG, Mortgage CDBG, Mortgage CDBG, Mortgage Building Acquisition Demolition On -Site Improvements Construction Contingency (must be < 10"x) (Not Eligible CDBG) Architect & Engineering Lead Hazard Abatement Financing Costs Fees and Charges Legal & Acounting Owner/Developer Fee (12% or less) Replacement/Lease Up Reserves TOTAL* $4,667,846 *Total Sources of Funds MUST equal Total Uses of Funds GREENHILL ROA • N Greenhill Point Townhomes Waterloo, Iowa cornmongond 08/06/14 4-1-A ••••-•-• - Enlarged Site Rail Greenhill Point Townhomes Waterloo, Iowa CommonBond 08/06/14 OFFICE 920 = 0'-0" 921.7 =1'-8" UNIT D3 —'I ®Second Floor Plan - Buildinq 1 1/16" =1,-0" OFFICE I MEETING LO. 7 MECH' � 7 1._ IINTA2 922.3 = 2'-4" UNIT 82 UNIT B2 923 = 3'-0" UNIT A2 u UP RECEPTION OFFICE °First Floor Plan - Building 1 1116" = 1'-0" A2 WATERLOO DEVELOPMENT CORPORATION August 19, 2014 Community Development City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Rudy Jones: ticzti,e 4e AUG 1 9 2014 I'm writing to you on behalf of the Waterloo Development Corporation in support for Brent Dahlstrom and his Grand Crossing Condominium project to represent Waterloo for CDBG Round 6 tax credits. The $3,000,000 in CDBG tax credits will allow this project to upgrade their facilities to new-age construction practices through the use of environmentally friendly, Iowa Green Streets guidelines. With the assistance of these tax credits, the Grand Crossing Condominiums will bring first of its kind amenities for residential projects, including unground parking and rooftop common areas. Funding will also permit the use of the Iowa Green Streets Criteria which will allow increased resource efficiency and reduce the impact on the environment. Support of this project will usher in a new wave of revitalization to our downtown area. This project will showcase green, sustainable practices that will protect and build on the local economy. By supporting the Grand Crossing Condominiums to represent Waterloo, this project will serve as an ambassador and example of the next big step of revitalization to our downtown area. Sincerely, Dan Watters Chairman Waterloo Development Corporation GRANDCROSSI\ CONDOMINIUMS IEDA Application for CDBG Funds (Round 6) Grand investments, LLC Multi -family (Rental) Unit Production — New Construction Program Round 6 Application INSTRUCTIONS: Complete all information requested on this application to the best of your ability. Please use ink, and print legibly. Contact your assigned Disaster Recovery Area or Direct Recipient administrative contact (Regional Super COGs or Entilment Citites) for the Multi -family (Rental) Unit Production - New Construction Program - Round 6 for details on how to submit this application. The Application Deadline is September 2, 2014. CDBG Contract Recipient Name of IEDA Disaster Recovery Recipient submitting this proposal: City of Waterloo (please specify disaster recipient county or city only, not grant administrator, COG or developer) Contact person name and contact information: (contact can be city, county, grant administrator or COG) Noel Anderson, Community Planning & Development Director, City of Waterloo, 715 Mulberry Street. Waterloo, IA 50703 Phone: 319-291-4366 Fax:319-291-4262 Qualifying Category: Replacing Units Lost ❑ Impact on Area Recovery X Rental Applicant / Owner Information Grand Investments, LLC Name of Developer / LLC For -Profit X Dahlstrom Last Name (Individual Owner or CEO) 46-2620089 *Non -Profit Tax ID Number 515-867-7000 Contact Telephone # brentdahlstromegmail.com Brent H First Name MI Cell # Alternate Telephone # E-mail Address 2202 College Street Current Mailing Address 1 Cedar Falls Black Hawk IA City County State "If the applicant is a non-profit organization, submit documentation indicating non-profit status. Please complete all of the following project information: Total project cost $10,900,001 General Administration funds (Recipient's Use) $ (Not to exceed two percent (2%) calculated by taking Project cost = .98 — Project Cost = Admin.) Number of buildings in project 1 Total number of rental units in project 68 Total number of LMI units in project 36 50613 Zip Code 1 Section I Proposed Rental Property To Be Constructed Please complete all of the following project/property information. For scattered -site projects complete this page for each individual building. Corner of W. Mullen Ave and Jefferson St. (Parcel ID: 8913-26-201-006 & 8913-26-201-005) Waterloo IA 50701 Street Address City State Zip Code Legal description(s) (if lengthy—attach): Legal Description Attach Number of rental units for this building 68 Number of rental units by bedroom size(s) (indicate the total number of units for this building by size, then indicate which of those units will be LMI as CDBG Disaster Assisted Units – 51%) Efficiency CDBG Disaster Assisted Units 1 -Bedroom 13 CDBG Disaster Assisted Units 15 2 -Bedroom 19 CDBG Disaster Assisted Units 21 3 -Bedroom CDBG Disaster Assisted Units 4 -Bedroom CDBG Disaster Assisted Units Number units to be ADA Accessable Building Type: Describe New Construction/Brownfield Infill 4 Floors (15t floor parking) Building Codes applicable to this project All locally adopted and enforced building codes and standards Is the proposed Rental Property to be located in a 100 -year flood plain? ❑ Yes ® No (if yes, do you have a LOMA/LOMR) Is the proposed Rental Property to be located in a locally proposed or designated buy-out area? 0 Yes Z No Is this proposed Rental Property an upper story project in an existing downtown? 0 Yes ® No Is this proposed Rental Property a conversion of an existing building into new housing units? ❑ Yes ® No Is this proposed Rental Property in -fill in on a previously improved lot? ® Yes ❑ No (not new construction in previously undeveloped green space) Is this project associated with a mixed-use project including commercial venture(s)? 0 Yes ® No (any commercial costs must be separated from the housing project and not included in the budget or proforma) Number of Multi -family Rental Housing Units lost, in the jurisdiction where this project will be located, due to a Disaster Event between May 25, 2008 and August 13, 2008 (Provide documentation) (Does not apply to applicants applying under the Impact Area Recovery Category) Income Targeting # of Units % of Total At/below 80% 36 53% (assisted units) Market-Rate/Other 32 47% TOTAL 68 100% **PROVIDE ADDITIONAL DOCUMENTATION AS SHOWN ON APPLICATION CHECKLIST** 2 i I RENT CALCULATION WORKSHEET This worksheet must be completed and submitted with the Multi -Family (Rental) Unit production — New Construction — Round 6 Applications. Using the HOME 2014 (httos://onecod.info/resource-library/home-rent-limits/)program rents, record in the table below the 65% Rent for the county or metropolitan statistical area (MSA) for each of the unit sizes (efficiency, 1 -bedroom, 2 -bedroom, 3 -bedroom, 4 -bedroom) proposed. • Record in the table below the Gross Rent (rent + utility allowance for tenant -paid utilities) to project for each of the unit sizes. Gross rents cannot exceed the rents recorded as 65% project has different rents for the same size of unit (market rate), use both boxes for the allowance for each unit size (utility allowances are available from the local housing authority). from the gross rent to determine the Net Rent. 4 -bedroom 1151 be charged for the proposed rents above. If the proposed unit size. Record the utility Subtract the utility allowance PROJECTRENTS -- MAXIMUM `RENT fior- LMi assistedut1Its . Efficiency 1 -bedroom 2 -bedroom 3 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate 65% Rent 710 762 916 1049 LMI Assisted Rate Gross Rents NA 895 Record in the table below the Gross Rent (rent + utility allowance for tenant -paid utilities) to project for each of the unit sizes. Gross rents cannot exceed the rents recorded as 65% project has different rents for the same size of unit (market rate), use both boxes for the allowance for each unit size (utility allowances are available from the local housing authority). from the gross rent to determine the Net Rent. 4 -bedroom 1151 be charged for the proposed rents above. If the proposed unit size. Record the utility Subtract the utility allowance Answer the following questions. 1. What source was used to determine the utility allowance for tenant -paid utilities? (Please attach source documentation). Waterloo Allowances for Tenant Furnished Utilities (Attached) 2. What is the effective date of the HOME rents recorded in the tables above? Are rents for the county or metropolitan statistical area? 3. 4. May 1, 2014. Waterloo -Cedar Falls, IA HUD Metro FMR Area (Attached) Do all LMI assisted units have gross rents (net rents + utility allowance) at or below the 65% rent limit? Yes Will any utilities be provided by the owner and included in the tenant's monthly rent? If so, which utilities. No 5. What rents (Gross, Net, other) are used in your proforma? Provide a breakout of the rental income used in the proforma including rents per unit size for the first year. For example: 12 months x $500 (1 bedroom Net Rent - no utilities included) x 10 units = $60,000. 12 months x $700 (2 bedroom Net Rent — no utilities included) x 10 units = $84,000. Proforma Rental Income Year 1 = $144,000. Net rents are used in our proforma. 12 x $682 (1 bedroom Net Rent LMI — no utilities included) x 15 units = $122,760 12 x $895 (1 bedroom Net Rent Mkt Rate) x 13 = $139,620 12 x $810 (2 bedroom Net Rent LMI — no utilities included) x 21 = $204,120 12 x $995 (2 bedroom Net Rent Mkt Rate) x 19 = $226,860 Proforma Rental Income Year 1 = $693,360 PROJECTRENTS -- Efficiency 1 -bedroom 2 -bedroom 3 -bedroom 4 -bedroom Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Market Rate LMI Assisted Rate Gross Rents NA 895 762 995 916 NA NA - Utility Allowance (electric, gas, sewer) 80 106 = Net Rents 895 682 995 810 Answer the following questions. 1. What source was used to determine the utility allowance for tenant -paid utilities? (Please attach source documentation). Waterloo Allowances for Tenant Furnished Utilities (Attached) 2. What is the effective date of the HOME rents recorded in the tables above? Are rents for the county or metropolitan statistical area? 3. 4. May 1, 2014. Waterloo -Cedar Falls, IA HUD Metro FMR Area (Attached) Do all LMI assisted units have gross rents (net rents + utility allowance) at or below the 65% rent limit? Yes Will any utilities be provided by the owner and included in the tenant's monthly rent? If so, which utilities. No 5. What rents (Gross, Net, other) are used in your proforma? Provide a breakout of the rental income used in the proforma including rents per unit size for the first year. For example: 12 months x $500 (1 bedroom Net Rent - no utilities included) x 10 units = $60,000. 12 months x $700 (2 bedroom Net Rent — no utilities included) x 10 units = $84,000. Proforma Rental Income Year 1 = $144,000. Net rents are used in our proforma. 12 x $682 (1 bedroom Net Rent LMI — no utilities included) x 15 units = $122,760 12 x $895 (1 bedroom Net Rent Mkt Rate) x 13 = $139,620 12 x $810 (2 bedroom Net Rent LMI — no utilities included) x 21 = $204,120 12 x $995 (2 bedroom Net Rent Mkt Rate) x 19 = $226,860 Proforma Rental Income Year 1 = $693,360 Multi -;family (Rental) IUnitProduction (New Const.) - Round 6 Budget Summary CDBG General Administration Total Award Amount Requested Amount . (see guidelines for calculation) $3,000,000 [A] $0 $3,000,000 Other Funds Summary Source of Funds (list all) US Bank Use of Funds (Be Specific) Amounts Dahlstrom Real Estate, LLC Equity Deferred Developer Fee Architectural, Construction and site work, Capital Reserves, Construction Interest, & Soft Costs $4,900,000 Acquisition, Financing Costs, Legal, Accounting, Insurance, & Soft Costs $1,000,000 Dahlstrom Real Estate, LLC Land Equity Brownfield Tax Credit EZ Tax Credit EZ Sales Tax Credit Developer Fee $1,000,000 Construction $500,001 Construction $500,000 Construction NA Construction NA R Other Funds Total TOTAL PROJECT BUDGET=[C] (CDBG Total [A] + Other Funds Total B = $7,900,001 [B] $ [C]10,900,001 Grant OR Loan (If loan, provide interest rate & term) Contact Person Name Telephone Number Commitment Status Loan Dana 319-273- Engagement 4% rate Jergenson 8750 Letter 5/20 yr Attached Equity Brent 515-867- Engagement Dahlstrom 7000 Letter Attached Loan Brent 515-867- Engagement 3% rate Dahlstrom 7000 Letter 40 yrs Attached Equity Brent 515-867- Engagement Dahlstrom 7000 Letter Attached 3rant Noel 319-291- Grant Award Anderson 4366 Letter Attached 3rant Noel 319-291- Sent In Anderson 4366 Application/ Waiting for legislation abate Noel 319-291- Sent In ' Anderson 4366 Application/ Waiting for legislation Project: Developer: SOURCES and USES of FUNDS MFROUND6 SOURCES $ Amount Type Loan/Grant Rate Term (yrs.) Amort. (yrs.) Debt Service Security , CONVENTIONAL DEBT Provider: US Bank 0 O rss 00, t. Ink( L a IA ECONOMIC DEVELOP. AUTHORITY (IEDA)0tiy" CDBG Forgivable Loan ;aa O 0%:j ty vigF,4 s; °` -i,',2 d o , R IA ECONOMIC DEVELOP. AUTHORITY (IEDA) Brownfield Tax Credit 5 0 OOG r te ;. - "C, - FEDERAL HOME LOAN BANK of DSM Affordable Housing Program (AHP) k -,* INVESTMENT EQUITY Workforce Housing Credit (or a previously awarded Housing Enterprize Zone) Historic Tax Credits -State Historic Tax Credits -Federal Other Tax Credits OWNER/DEVELOPER CONTRIBUTION Cash: Dahlstrom Real Estate, LLC Land Value: Dahlstrom Real Estate, LLC Other Value: Developer Fee $1,000,000 $500,001 $1,000,000 = ±d-4.i3#z�YV:i- :` Equity Equity Loan "' .`'� ii" ` ^s�,.XMs� .�3.�'` 0.00% 0.00% 8.00% N-,kf# itC° .aa+..L=.1Cv' 40 yrs q� .,, ,.re+ �. x 40 yrs xr6� � � "k "� `a i' '�..Ce-"�'i - - - T F ' L ��. �`. .Q T. CITY CONTRIBUTION City OTHER CONTRIBUTION� Other (Specify) T 0 T A L* $10,900,001 ` : : ,_ " , = -- USES of FUNDS $ Amount SOURCES of FUNDS—MANDATORY Land Acquisition $1 Land Equity Building Acquisition Demolition On -Site Improvements Construction $9,475,000 US Bank I CDBG I Brownfield I Owner Equity Land Equity Owner Equity ..Contingency $100,000 (must be <10%) (Not Eligible CDBG) Architect & Engineering $100,000 Owner Equity Lead Hazard Abatement Financing Costs $50,000 Owner Equity Fees and Charges Owner Equity Legal & Acounting $25,000 Owner/Developer Fee (12% or less) $1,000,000 Developer Fee Other (Specify) Construction Interest $125,000 $25,000 Owner Equity Owner Equity Hazard & Liability Insurance - TOTAL* $10,900,001 *Total Sources of Funds MUST equal Total Uses of Funds FLOW PROFORMA Year Year Year Year Year Year Year Year 8 9 10 11 12 13 14 15 r o >ON 1 O Sel I ' ,O i o v — 0 G C> u Rental Income 672,467 685,916 699,635 713,627 727,900 742,458 757,307 772,463 787,902 803,660 819,734 636,128 852,851 869,908 887,306 Operating Expenses: I II L I I I I I I I I I 22,689 n ) co coo ID 00 N co" co O v) co vN0 CO f; N 0 15,126 30,252 7,563 127,058 36,302 n ■ 412,479 418,129 423,813 429,531 435,281 441,061 446,868 452,701 458,557 464,435 470,331 476,244 482,170 488,107 494,051 I I I I I I I t 1 t i i i i minimusow N NNIr, ui CQ') 4 r! V s, CO 0 0 N 41,119 17,622 881 4,406 n C) ,- �0 ��pp pp M 10 O CO h to COC Zt N 7,343 123,357 N.• 1n ^ -R C) C 21,386 0 39,921 1.7,109 855 4,277 0 35,644 49,428 0 14,258 28,515 7,129 1.19,764 o O m n CC C 20,764 0 38,759 16,611 Rat �0000N /Op_ co m 27,685 6,921 r0n N N vi eee 845,20) O 14.628 rpre O.1 0 pi 20,159 0 37,630 16,127 808 33,598 46,591 0 13,439 26,878 6,720 O O CO CON O COS O CO CO . 0) O N N Csi y o oO N O ON W eiNItDO) Q OQN0 m nO O 'NQ 19,572 0 36,534 15,657 783 Q O0Q G. co _ O0 f0 N 0 N )6 ^ co Q 26,095 6,524 O t00 M Oi O C) 19,002 0 35,470 15,201 760 3,800 0 t00 -o co 0 r)Q 0NO Ooc N') C M M p0p0 'V. OCD N 010 CO CO CO to CO Q Q r r• tU CQOQ 0 0 CD co- o CD Q CO0) n CO N rola 24,597 6,149 103,309 29.517 0 13,514 2,815 (39,858) 17,911 0 33,433 14 329 716 3582_ 0 29,851 41,395 0 11,941 23,881 5,970 100,300 28,657 0 13,249 2,760 (39,077) 17389 0 32,460 13,911 696 3478 _ 0 28,982 40,190 0 11,593 23 185 _ 5,796 97,379_ 27,823 15 -YEAR CASH 1 1 Income! 2.00% J .e 750,51 O rN p IV- n 16,883 _ 0 31514 13,506 675 3,377 0 28,138 39,019 0 11,255 ' N t0 D � N V Na o 0CN D st N C ttiQ } 735,799 0 12 7340 2,653 (37,559) 16,391 0 30,596 13,113_ 656 3,278 0 27,318 37,883 0 10,927 21.855 Q 0 tD OO Q •,- K) N ID I Reserve Replacement Fund 3.00% I Year Year Year Income: (Explain, if necessary) 1 2 3 Rental Income Calculated o8 rent Sheet 693,360 707,227 721,372 Laundry Income 0 0 0 Other Income (Specify) 12,000 12,240 12.485 _ 15914 0 29,705 12 731 637 3,183 0 26.523 36,779 0 10.609 21,218 5,305 89,116 25,.462 15 450 0 28,840 12,360 618 3,090 0 25,750 35,708 0 10.300 ^ NNni O C)) P- .1 o N (O N� 00000 N N N 15,000 0 28,000 12,000 600 3,000 0 25,000 34,668 0 10,000 )Mortgage Ins. Prem. (MIP)' I I Adjusted N.O.I. I II Net Operating Income Operating Expense Ratio a IH � I Debt Service Ratio:(1st Mort.) Debt Service Ratio: Total 'Enter all years manually Enter all years, as ap licable, manual) as a negative num i_ Accounting and Audding Office Expenses/ On-site Manager Salaries Property Mgmt fee' Electric and Gas Water and Sewer • Waste Removal Advertising Maintenance a roll Re. airs and Maintenanc: Decoratin • Elevator Maintenance Grounds Maintenance Snow Removal Real Estate Taxes' Insurance Supportive Services Other S.ecif Other (Specify) Adjustments" (ie tax abatements): LV C xC C C) 0 A O H Reserve replacement funds' i 1st Mort a e Debt Service HOME Debt Service . Other Subordinate Loans sDeferred Developer Fee Other Subordinate Loans Total Debt Net cash flow (I I 1I 1 •I 1 1 1 I Exhibit 4h -Proforma, Page 1 SLB6-SC6-2S6 '1°1 uec9-e66-M 'Rd OMg6Vlaww SGC aline L le*V81V Sast1 °t 'S1J�IIHJYT IISSJ O W ©D w w r N Z 0 N [e L-1 Lai O I- w W N N w I- O Z VI'OO1031VM ONISSO00000 0 SNOIIV0313 70100503 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-737 RESOLUTION APPROVING APPLICATION WITH IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR $5,910,000.00 ($3,000,000.00 FOR GRAND CROSSING OF CEDAR FALLS, IOWA AND $2,910,000.00 FOR PRAIRIE RAPIDS, LLC OF CEDAR RAPIDS, IOWA), TO BE USED ON THE MULTI- FAMILY (RENTAL) UNIT PRODUCTION - NEW CONSTRUCTION PROGRAM - ROUND 6. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application dated August 25, 2014, in the amount of $5,910,000.00 ($3,000,000.00 for Grand Crossing of Cedar Falls, Iowa and $2,910,000.00 for Prairie Rapids, LLC of Cedar Rapids, Iowa), to be used on the Multi -Family (Rental) Unit Production - New Construction Program - Round 6, by and between the Iowa Economic Development Authority and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 25th day of August, 2014. 04 /' C4,1 r est G. lark, Mayor ATTEST: Su y Sc ares, CMC City Clark CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I City Contract No. 858 TAP -U-8155(741)-81-07 Professional Services Agreement With AECOM Submitted by: leff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is an agreement with AECOM Technical Services, Inc. for preliminary and final design, plats and legal descriptions, and development of plans, specifications and contract documents for the Shaulis Road Recreational Trail Extension - Phase I. This is a cost plus fixed fee agreement for a maximum amount payable of $120,800. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $120,800 Source of Funds State Recreational Trail Funds - $90.600 and $30,200 Federal TAP Funds Policy Issue N/A Alternative N/A Background Information The Shaulis Road Trail is presently a 3.7 mile hard surfaced trail running along the north side of Shaulis Road from Highway 63 (Sergent Road Trail) to Hawkeye Road/IA 21. This Phase I project would extend the trail 1.85 miles from Hawkeye Road to Isle of Capri Boulevard. Future phases would continue working on the eastward expansion of the trail to connect it to the Cedar Valley Nature Trail. Professional Services Agreement Shaulis Road Trail Extension Waterloo, Iowa This is an AGREEMENT, made as of the day of in the year by and BETWEEN the City of Waterloo, identified as the Owner, City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 and the Consultant, AECOM Technical Services, Inc. 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 for the following Project: Iowa DOT Project No. City Project No. The Owner has decided to develop an off-road trail adjacent to Shaulis Road, from the intersection of Highway 21 to the Isle of Capri Boulevard in Waterloo, Iowa. It has been determined that the Owner shall proceed with the preparation of the concept project development, preliminary and final design, plats and legal descriptions, development of plans, specifications and contract documents and construction - review services for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The Owner desires to employ the Consultant to provide supplemental engineering services in connection with the above services for the improvements. The Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. Page 1 of 25 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 2 Scope Of Services And Other Special Terms And Conditions 2.1 Enumeration of Parts of the Agreement 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non -Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting, Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Plans 4.16 Compliance with Title 49, Code of Federal Regulations 4.17 Access to Records 4.18 Iowa DOT and Federal Highway Administration Participation 4.19 Severability 4.20 Choice of Law and Form Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Proposal Page 2 of 25 ARTICLE 1 INITIAL INFORMATION 1.1 This Agreement is based on the following information and assumptions. Project Parameters The objective or use is: To provide concept project development, preliminary and final design, plats and legal descriptions, and development of plans, specifications and contract documents for the off-road trail adjacent to Shaulis Road, from the intersection of Highway 21 to the Isle of Capri Boulevard in Waterloo, Iowa, and ultimately providing construction -review services for the improvements. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: $120,800.00 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $11,570.00 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Mr. Jeff Bales City of Waterloo The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Mr. Mark Durbahn, P.E. AECOM 1.3.3 The subconsultants retained at the Consultant's expense are: Robinson Engineering Company Stantec Consulting Services Inc. 1.4 Time Parameters 1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 The construction plans and specifications shall be completed and accepted on or before July 21, 2015, in anticipation of an October 20, 2015, letting date. 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the Owner, Consultant, Page 3 of 25 Iowa DOT, and the FHWA (if applicable). This Agreement comprises the documents listed below. 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as outlined in Attachment B. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments — Attachment C .2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .3 Certification of Consultant - Attachment E .4 Certification of Owner - Attachment F .5 Sample Invoice Form - Attachment G .6 Consultant Fee Proposal - Attachment H ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in accordance with the cost plus fixed fee compensation method, as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant unless the Contract Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable) concurs. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and Page 4 of 25 specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Revision of Plans 4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work". Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work". 4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.3. 4.3 Extra Work 4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for "Extra Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the FHWA (when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of the service rendered. Page 5 of 25 4.4 Progress Meetings 4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Plans 4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors. 4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty (30) days' written notice to the Consultant. 4.6.3 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any authorized contingency. 4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.6.5 The right is reserved by the Owner to suspend this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above. 4.6.6 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.6.7 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further Page 6 of 25 revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.7 Extension of Time 4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and Consultants retained for the project and to require all independent contractors and Consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa. 4.10 Responsibility For Claims And Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. 4.10.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of the Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time this Agreement is executed and upon each insurance coverage renewal. 4.11 Non -Raiding Clause 4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the Owner, for work covered by this Agreement without the written consent of the employer of such person. Page 7 of 25 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents 4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement On Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code Of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance with Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, physical disability, color, sex or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment 4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's Page 8 of 25 obligation under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical disability, sex, or national origin. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants agree(s) to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color, sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy as the Owner deems appropriate. Refer to Article 4.6 of the Agreement. 4.16.1.5 Information and Reports 4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncompliance 4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may determine to be appropriate, including, but not limited to: ...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or ...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part. Page 9 of 25 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT, or the United States to enter into such litigation to protect the interests of the Owner , the Iowa DOT, and the United States, respectively. 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final payment under the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highway Administration Participation 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway Administration shall have the right to participate in the conferences between the Consultant and the Owner and to participate in the review or examination of the work in progress. 4.19 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. 4.20 Choice of Law and Form The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. Page 10 of 25 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. AECOM TECHNICAL SERVICES, INC. Douglas W. Schindel, P.E. Associate Vice President CITY OF WATERLOO Ernest G. Clark Mayor Iowa Department of Transportation Accepted for FHWA Authorization* Date: Date: By: Date: * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 11 of 25 ATTACHMENT A Scope of Services SHAULIS ROAD TRAIL EXTENSION, PHASE I HIGHWAY 21 TO THE ISLE OF CAPRI BOULEVARD WATERLOO, IOWA DESIGN SERVICES Project Description This project includes the construction of a 1.8 mile shared -use path along the north side of Shaulis Road from IA 21 to the Isle of Capri Boulevard. This 10' wide PCC shared -use path will include a crossing of IA 21, culvert extensions, possible headwall construction, driveway modifications and erosion control. The project is anticipated to be constructed in late summer of 2015 or spring of 2016. Scope of Services The Scope of Services provided on this project will include the topographic survey, environmental review, preparation of the concept statement, preparation of easements, preliminary and final design. The project will be designed assuming an Iowa DOT letting using Iowa DOT standards and specifications. The Scope of Services is further described by the following tasks: Survey and Conceptual Analysis Tasks 1 - 4. These tasks include the development of the trail concept along the north side of Shaulis Road by identifying a suitable location for the trail. Task 1 - Design Survey and Base Mapping. This task includes the topographic survey of the north side of Shaulis Road from IA 21 to the Isle of Capri Boulevard. The topographic survey will be from the edge of pavement or top of curb to 10 feet north of the right-of-way line. Utilities will be identified and a joint meeting will be scheduled with the possible utilities within the corridor. Property pins will be located along the north side of Shaulis Road so that a determination can be made on the location of the north right-of- way line. Task 2 - Concept Review. This task includes evaluating locations of the shared -use path along the north side of Shaulis Road. From IA 21 to Hammond Avenue, alternatives will be evaluated which include a 6 - foot granular shoulder separating the path and roadway or a 6 -foot granular shoulder and 5 -foot grass buffer separating the path and roadway. The granular shoulder options can include RAP in lieu of granular material. From Hammond Avenue to Hess Road, the location of the power poles will be evaluated, and a determination will be made if poles need to be relocated. From Hammond Avenue to Isle of Capri Boulevard, options will be explored that pulls the path away from Shaulis Road. The path alignment will also be developed around the drainageway between Lost Island entrance and Isle of Capri Boulevard. Figures will be developed so that a comparison can be made between the possible concepts. The figures will include plan views and cross sections. Task 3 - Wetland Delineation and Threatened and Endangered Species Habitat Survey. This task includes the delineation of any wetlands that may be identified in the corridor. Also included in this task is an evaluation of the threatened and endangered species habitat along the northerly right-of-way of Shaulis Road which will include the proposed project disturbance limits. This task will be completed by Stantec Consulting Services Inc. Task 4 - Concept Statement. This task includes the preparation of an Iowa DOT Concept Statement, including a map of the project limits. The concept statement will include the submittal of the environmental report completed by Stantec Consulting Services Inc. Page 12 of 25 Preliminary Design Tasks 5 - 10. These tasks include preparation of the preliminary construction plans for 1.8 miles of shared -use path that show the proposed construction limits to identify possible right-of-way impacts. The preliminary plans will include the alignment and location of the shared -use path, the proposed profile, culvert extensions, driveway modifications and ADA ramp layouts. Task 5 - Title and Legend Sheets (A -Series Sheets). Task 6 - Typical Cross Sections (B -Series Sheets). This task includes the developing of the typical cross sections throughout the corridor. Iowa DOT standard typical cross sections will be utilized where possible but much of the typical cross sections will be project specific. Task 7 - Plan and Profile Sheets (D -Series Sheets). These sheets will include an alignment showing the location of the shared -use path relative to Shaulis Road, profile of the path, existing right-of-way information, identification of property ownership and proposed easements. Task 8 - ADA Ramp Detail Sheets (S -Series Sheets). This will include the preparation of details at each of the seven quadrants along the corridor. This will include determining spot elevations and filling out Tabulation 113-10 Sidewalk Compliance Tabulation. Task 9 - Cross Section Sheets (W -Series Sheets). Cross sections will be cut at 25 -foot intervals which show the existing ground, along with the proposed design. The existing right-of-way will be identified within the cross sections. Task 10 - Right -of -Way Documentation. This task includes the preparation of easements for the construction of the shared -use path. It is estimated that 11 easements will be needed for the construction of the shared -use path. This task includes the preparation of temporary easement exhibits for use by the City for the continuation of the right-of-way process. It is assumed the City will negotiate and document the acquisition of the easement rights. Final Design Tasks 11 - 24. These tasks include the preparation of the final construction plans meeting Iowa DOT standards and specifications. Task 11 - Culvert Extensions and Storm Sewer Design. This task includes the design of the culvert and storm sewer extensions. Notes will be developed along with Tabulations 104-3 and or 104-5B. Task 12 - Erosion Control Design. This task includes the development of 40 -scale plan views of the project corridor showing the erosion control features such as seeding, matting, wattles, revetment/erosion stone, silt fence and other erosion control features. Included in this task are the completion of the tabulations and quantities for erosion control and the completion of the Pollution Prevention Plan. This task will be completed by Robinson Engineering. Task 13 - Title and Legend Sheets (A -Series Sheets). Task 14 - Typical Sections and Details (B -Series Sheets). Task 15 - Quantities, Estimate Reference Notes and Tabulations (C -Series Sheets). Necessary tabulations will be developed such as shared -use path quantities, driveway tabulation, signing tabulation, removal tabulations, pavement markings, curbs, safety closures, clearing and grubbing, and other tabulations. Page 13 of 25 Task 16 - Plan and Profile Sheets (D -Series Sheets). It is estimated that there will be 12 sheets at 40 - scale. Design details, removals, signing, drainage, profiles, ditch grades and other design features will be displayed on the D -Series Sheets. Task 17 - Geometric Data Sheets (G -Series Sheets). The geometric sheets will include reference ties, benchmark information and alignment data for the proposed shared -use path. Task 18 - Traffic Control Notes (J -Series Sheets). These sheets will show notes on traffic control that will be required during construction. It is anticipated that Shaulis Road will remain open and that short duration lane closures may be necessary during construction. Task 19 - Sidewalk Details (S -Series Sheets). This will include the preparation of sidewalk details at each quadrant of each intersection. This will include determining spot elevations and filling out Tabulation 113- 10 Sidewalk Compliance. Task 20 - Structural Detail Sheets (U -Series Sheets). These sheets will include the special details needed for the design of the headwall west of Charolais Drive. Task 21 - Cross Section Sheets (W -Series Sheets). Task 22 - Construction Cost Opinion. This task includes the preparation of an estimated opinion of construction cost. Task 23 - Final Revisions. This task includes final revisions of the check plans and final plans based on comments received from the Iowa DOT. Task 24 - On -Line Bid Item Entry. This task includes the entry of bid items into the Iowa DOT on-line system. Project Administration Tasks 25 - 32. These tasks include project administration tasks such as internal meetings, client review meeting, a public informational meeting, individual property owner meetings, utility coordination, Iowa DOT coordination, NPDES permit application and other administration items which are further described in this section. Task 25 - Quality Control Review. Includes internal independent project reviews of project documents prior to release of documents. Task 26 - Protect Meetings. This task includes internal communications and meetings with staff. Included in this task are three review meetings with City design staff to go over details of the design and schedule of the project. Also included in this task are six individual meetings with property owners such as Lost Island Water Park and Isle of Capri Casino to go over right-of-way questions and to describe the project. All external meetings will include the preparation and distribution of meeting minutes. Task 27 - NPDES Permit Application. This task includes preparing and submitting public notices and NPDES General Permit No. 2 to the Iowa DNR. This task will be completed by Robinson Engineering. Task 28 - Iowa DOT Coordination. This task includes coordination with the Iowa DOT to obtain an Iowa DOT right-of-way permit for the IA 21 shared -use path crossing. Task 29 - Utility Coordination. This task includes submittals to the affected utilities throughout the project development. Coordination will include working with MidAmerican to determine impact to power poles along the north side of Shaulis Road. Page 14 of 25 Task 30 - Public Informational Meeting. This task includes the preparation and attendance at a public informational meeting. Task 31 - Pre -Letting Activities. This task includes the answering of questions from contractors and the Office of Contracts. Task 32 — Post -Letting Activities. This task includes answering questions after the letting and attendance at the preconstruction conference. Design Exclusions The following tasks are not anticipated and are not included in the Scope of Services: • Traffic signal modifications at Isle of Capri Boulevard. • Lighting design at IA 21 or throughout the corridor. • Wetland mitigation design. • Right-of-way services such as the securement and negotiation of easements needed to construct the project. Future Phases of Work The following phases of the project are not included in this scope, but will be added by supplemental agreement or will be included in a future contract at the time the services are needed: • Setting of Property Pins in the Field and Recording of Final Acquisition Plats • Construction -Related Services Page 15 of 25 ATTACHMENT B Specifications A. PROJECT DEVELOPMENT FOR ROAD AND BRIDGE IMPROVEMENTS 1. The Iowa DOT Federal -Aid Project Development Guide shall be used as a guide in the overall project development process. 2. The current Iowa DOT Road Design Manual and Bridge Design Manual shall be used as a guide in preparation of plans, specifications and estimates. 3. AASHTO Guide for the Development of Bicycle Facilities, 2012. B. MISCELLANEOUS PROVISION The following miscellaneous provision shall apply to the work to be performed and the engineering services to be furnished under this Agreement: 1. Owner Responsibility: The Owner will provide the following: a. Photocopies or electronic mapping of sewer utility records, water utility records, storm sewer utility records, miscellaneous utility records, as available, and record drawings for adjacent improvements from the Owner. b. Land use/zoning information and maps. c. Other records, drawings or files from Owner records, as required by the Consultant for the project. d. Design standards and Owner design details (electronic CADD version), if different from IDOT standards and details. e. Transcripts and/or records of pertinent Owner meetings and property owner contacts. f. Room arrangements, advertising, publicity and facility costs associated with any public meetings or hearings. g. All permit application fees. h. Participation in all project meetings and workshops. Timely reviews and decisions on project issues and submittals, as needed, to maintain the project schedule. C. DELIVERABLES The following deliverables are anticipated for the project: 1. Base Mapping of Surveys 2. Planning -Level Digital Terrain Model 3. Wetland Boundary Delineation Report 4. Summary of Threatened and Endangered Species Habitat Assessment 5. Conceptual Plan and Profiles for Final Alternatives 6. Planning -Level Cost Estimates 7. Preliminary Right -of -Way Estimates 8. Public Informational Meeting Handouts and Materials (One Meeting) 9. Summary of Public Informational Meeting (One Meeting) 10. Miscellaneous Graphics and Presentation Materials 11. Agendas and Minutes for Project Review Meetings 12. Miscellaneous Submittals and Correspondence Throughout the Project 13. Preliminary and Final Design Plans 14. Final Construction Documents Page 16 of 25 ATTACHMENT C (referenced from 3.1) Fees and Payments - Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. Consultants' actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment H. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in Attachment H and as shown below. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs $108,600.00 Fixed Fee $ 12,200.00 Contingency $ 0.00 Maximum Amount Payable $120,800.00 If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of the contingency amount. The fixed fee amount will not be changed unless there is a substantial change in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order. The maximum amount payable under this Agreement is $120,800.00, which is the sum of the above amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or complexity of the services covered by this Agreement, the Contract Administrator agrees, and the Iowa DOT and FHWA (when applicable) concurs. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right, at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of Title 48, Subchapter E., Part 30 (full cost accounting standards; when applicable), Page 17 of 25 section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. These include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: Salary related expenses and general overhead costs are 147.56% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and shall be used to update previous year invoices and subsequent year as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2 percent of the total direct salary cost without written authorization. 3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the proportion of the actual work completed and documented on the monthly progress reports. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 18 of 25 ATTACHMENT D Certification Regarding Debarment, Suspension, and other Responsibility Matters Primary Covered Transactions Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 3. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 19 of 25 9. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 20 of 25 Certification Regarding Debarment, Suspension, and other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County I Douglas W. Schindel, Associate Vice President, of AECOM Technical Services, Inc., being duly sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above statements are true and correct. Douglas W. Schindel, P.E. Subscribed and sworn to this day of Page 21 of 25 ATTACHMENT E Certification of Consultant I hereby certify that I, Douglas W. Schindel, am the Associate Vice President, and duly authorized representative of the firm of AECOM Technical Services, Inc., whose address is 501 Sycamore Street, Suite 222, Waterloo, Iowa, and that neither I nor the above firm here represented has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Douglas W. Schindel, P.E. Made this day of Page 22 of 25 ATTACHMENT F Certification of Owner I hereby certify that I, Ernest G. Clark, am the Mayor of the City of Waterloo, Iowa, and the duly authorized representative of the Owner, and that the above consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished the Iowa DOT and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Ernest G. Clark Mayor Made this day of Page 23 of 25 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 1 Cost Plus Fixed Fee Final Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Overhead (2002) Overhead (2001) Overhead (2000) Overhead (1999) Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Subtotal Fixed Fee Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Page 24 of 25 ATTACHMENT G Page 2 Cost Plus Fixed Fee Final Invoice instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Overhead Rates: Overhead rates and labor dollars to which the overhead rates are applied should match the fiscal year in which the costs are incurred. Overhead rates applied to labor should be audit verified when available. When not available, proposed FAR adjusted rates for the fiscal year in which the labor is incurred should be used. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc.) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc.) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with cost plus fixed fee contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. L:\work\ADMINWGREE\PROF\Wat Shaulis Rd Trail Ext.doc Page 25 of 25 Attachment H Shaulis Road Trail Extension US 21 to Isle of Capri Boulevard City of Waterloo, Iowa Cost Analysis I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount Senior Professional 8 $80.00 $640.00 Project Professional 184 $53.10 $9,770.40 Staff Professional 248 $42.20 $10,465.60 Professional 228 $32.00 $7,296.00 CADD Operator II 82 $31.35 $2,570.70 CADD Operator I 78 $22.65 $1,766.70 Senior Technician 80 $33.20 $2,656.00 Technician 80 $25.25 $2,020.00 Project Support 28 $28.45 $796.60 $37,982.00 1016 II. Payroll Burden and Overhead Costs 147.56% $56,046.24 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 2000 0.56 1,120.00 Per Diem 0 40.00 0.00 Lodging 0 80.00 0.00 B/W Copies 3000 0.06 180.00 Color Copies 1500 0.22 330.00 EDM Equipment 52 12.50 650.00 GPS Equipment 6 25.00 150.00 Miscellaneous, Other 570.00 $3,000.00 IV. AECOM Estimated Actual Costs $97,028.24 Rounded $97,030.00 V. Subcontract Expense Robinson Engineering Co. 8,370.00 Stantec Consulting Services Inc. 3,200.00 $11,570.00 VI. Estimated Actual Costs $108,600.00 VII. Fixed Fee $12,200.00 VIII. Contingency AECOM Technical Services $0.00 Robinson Engineering Co. IX. Maximum Amount Payable $120,800.00 Attachment H Shaulis Road Trail Extension US 21 to Isle of Capri Boulevard City of Waterloo, Iowa Staff Hour Estimate Description of Work Senior Prof. Project Prof. Staff Prof. Prof. CADD Op. II CADD Op. I Senior Tech Tech Project Support Total Survey and Conceptual Analysis _ -- 1 Design Survey. and Base Mapping,_—___ _ - 2 Concept Review. _ — 3 Wetland Delineation and Threatened and Endangered Species Review. -- 4 Concept Statement. _____________ Completed _ 4 ----------------- 20 By Stantec 8 32 _ _ - 16 -_- - _- - 16 4 20 8 24 --64 -------------------I- 32 En•ineerin_g_-_ _ 24 16 4 20 4 4 108 - _-8 24 En 4 _8 8 --4 __4 60 __ -- -- - 0 8 20 12 24 _ _ 64 32 4 32 24 4 28 12 --------- ------------ 12 ------- 148 _ - - 8 -- - ineerin- 8 -- _ 16 ---�- - -- - 8 8 _ _ 80-- -- _ 80 _ _ 0 --------------- _ _ 80-- --- _ --------- - 80 ------- 0 —_—_--- -- ---------------- ----- - 0- _—_ — _ ____- 0 _ _ - - --- __4-- — 4 8 - 180 32 —0 _ 12- -224 2 --- - - 0 2---_—__---_-___—_ — - - 2 8 2 --_-----_--------- 8- 16 8 - 10 --,-16 4 -- -- 56 ----- - — - 8 _ - - _ _ 8-- 4 4 _ 24 Subtotal Preliminary Design 5 Title and Legend Sheets (A—SSheets1 ----_ -..-_-_ -_._ 6 Typical Cross Sections and Details _(B-Sheetsl_ 7 Plan and Profile Sheets and Design (D-Sheetsl ---- - - 8 ADA Curb Ramp Design (4 S -Sheets) - — - 9 -Design Cross Sections_f_W Sheets.____-__—_- --- 10 Right -of -Way Documentation. Subtotal -______- — Final Design ---- --- 11 Culvert Extensions and Storm Sewer Design—_--_____—_________ - De- _12 Erosion Control Design. __-__- ____ _ ___ — 13 TRIe and Legend Sheets LA-SheetsZ --_—__-___—_—__. 14 Typical Cross Sections and Details (B-Sheetsl. 15 Quantities, Tabulations and Notes -(C -Sheet___ — ______ 16 Plan and Profile Sheets and Design (D -Sheets): ____ - ----- 17 Geometric Data Sheets SG Sheetsl. ----------- 18 Tra-ffic Control Notes (4 -Sheets). 19 Sidewalk Details LS -Sheets). 20 Structural Detail Sheets SU -Sheets_--- —-------------- ----- 21 Cross Sedan Sheets W Sheets . 22 Construction Cost O1inion. -- --- ---- - 23 Final Revisions. -------------------- -- 24 On -Line Bid Item Entry_ — — - --_-- -- Subtotal — - - ____ Project Administration -___—____-__ - -_- -_ - _ Completed ------ ------------ 4 4 Completed ----- __-_____ 8 -----__^_----- -------------- 4 4 -------- 2 By Robinson __ 4__—__4 8 8 16 4 10 4 72 _- 18 32 ____ By Robinson 8 2 8 4 4 76 -- 12- - 40 20 32 36 ------------- ------• - 8 8 ------- 0 ----- ----------- --- 142 - ----- 74 0 20 72 - 80 24 8 68 32— 16 4 34 4 438 _ —30 ^- 92 0 16 18 - - 28 14 14 212 ---------------------2--- 16 8 - 10 ------- 4 ----- ---- 54 - - - -8 — _- - - - - 8 -- - _ 0 _ ------ _ ______- _ _ 0 ----- ----- - 0 8 ------ — - 4 - 4 2 - 2 -_ 20 — - - - - 25 Quality Control Review. -------------------- 26 Project Meetings. ------ ----- -- ---- 27 NPDES Permit Application. ----------- 28 Iowa DOT Coordination. 29 UtilittCoordination. --- ------ -- 30 Public Informational Meeting._ 31 Pre Letting Activities. __-__ --32 Post Letting Activities. __-__-____ Subtotal TOTAL HOURS 8 184 248 228 82 78 80 80 28 1,016 Shaulis Road Trail Extension US 21 to Isle of Capri Boulevard City of Waterloo, Iowa Robinson Engineering Company Cost Analysis Direct Labor Cost Attachment H Category Hours Rate/Hour Amount Senior Engineer 63 $24.00 $1,512.00 Senior Technician 0 $18.00 $0.00 Junior Technician 35 $15.00 $525.00 Administration 0 $10.00 $0.00 $2,037.00 98 Il. Payroll Burden and Overhead Costs 223.22% $4,546.99 III. Direct Project Expenses Category Units Rate/Unit Amount Miscellaneous, Other 1,000.00 $1,000.00 IV. Robinson Estimated Actual Costs $7,583.99 Rounded $7,580.00 V. Fixed Fee $790.00 VI. Contingency $800.00 VII. Maximum Amount Payable $9,170.00 Attachment H Shaulis Road Trail Extension US 21 to Isle of Capri Boulevard City of Waterloo, Iowa Robinson Engineering Company Staff Hour Estimate Description of Work Senior Eng Senior Tech Junior Tech Admin Total .._...---.._.._..._.._.._......._.._.._.._..._.._.._.._...-•--••-•----•-••--•----..._......_.._..._.._.._......._.._.._.._..._.._.._.._..._.._......_..._.._.._.._..._.._.._.._......_..........._.._.._. _..._.._.._.._..._....._.._..._.._.._..--• -•--.._.._..._.._.._ ._..._.._.._.._..--- Final Design 12 Erosion Control Desi99:_.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._......_.._56.._.._._..._.._.._.._..._.._._.._.16.._.._.._.._.._.._..._.._....._..._72.._..._. Project Administration 27. NPDES.Permit Application__..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._..._.._.._.._....._.._..._.._.._._..._..--------------.._..__1926.._..._. TOTAL HOURS 63 0 35 0 98 Attachment H Shaulis Road Trail Extension US 21 to Isle of Capri Boulevard City of Waterloo, Iowa Stantec Consulting Services Inc. Staff Hour Estimate and Costs Description of Work Sr Env Scientist Env Scientist Total Task 3 - Wetland Delineation 1 Safety Plan 2 Travel 3 Fieldwork 4 Report 1 7 12 0 0 6 0 1 13 12 TOTAL HOURS 21 6 27 Hourly Rate Direct Labor Amount Total Direct Labor Estimated Expenses Direct Expense Costs Mileage (116 Mi. @ $0.56) GPS (1 day @ $100) Estimated Actual Costs Contingency Maximum Amount Payable $114.00 $2,394.00 $64.96 $100.00 Rounded $107.00 $642.00 $3,036.00 $164.96 $3,200.96 $3,200.00 $0.00 $3,200.00 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-738 RESOLUTION APPROVING PROFESSIONAL SERVICE AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Service Agreement dated August 25, 2014, in an amount not to exceed $120,800.00, for preliminary and final design, plats and legal descriptions, and development of plans, specifications and contract documents for the F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858, by and between AECOM Technical Services, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of August, 2014. E est G. Clark, Mayor ATTEST: uzy Scares, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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: 08/25/14 Prepared: 08/19/14 Dept. Head Signature: # of Attachments: S SUBJECT: Resolution approved award of contract to Frickson Brothers Excavating for an amount not to exceed S 17,556 for the Sherwood Bollard Installation Services. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Award a contract for the Sherwood Bollard Installation Services to Frickson Brothers Excavating, and authorize the Mayor and City Clerk to sign the contract. Summary Statement: This is an award of contract for services under our approved REAP Grant to install 510 barricades (bollards) in the Sherwood Park area around the three gates across the roads in the area, and along Greenwood Avenue. Expenditure Required: $17,556 Source of Funds: REAP Grant (08GRT SHERWD) Policy Issue: Alternative: N/A Background Information: On 8/8/11 the City Council authorized the submittal of an application for a Resource Enhancement and Protection (REAP) Grant for Sherwood Park Recreation Area and Hartman Reserve Expansion. On 10/31/11 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 the IDNR. On 1/23/12 the City Council authorized the agreement between IDNR and the City of Waterloo, which has subsequently been executed. The total REAP grant budget is $193,400.00 and does not require a local match. In November of 2013 RFP's were requested for this project but none were received. That bid also included acquisition and installation of gates and an alternate for a gravel parking CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer area. The work for the parking lot was completed in house between City staff and Black Hawk County Conservation staff, as was the installation of temporary gates. The permanent gates are now being rebid, but as part of a separate RFP from the bollards covered with this project. The City of Waterloo recently completed the Hazard Mitigation Grant Program (HMGP) flood buyout project, which involved the acquisition and demolition of multiple properties in the Sherwood Park area. The City of Waterloo and the Black Hawk County Conservation Department are jointly working on a Sherwood Park Recreation Area and Hartman Reserve Expansion Master Plan detailing the proposed land use for the area. The City of Waterloo has recently taken action to vacate the streets in the Sherwood Park area, and to lease portions of the area to the Black Hawk County Conservation Board as an extension of the Hartman Reserve Nature Center. As part of the plan for the area, three locations were identified to place gates across the road to prevent public vehicular access. There are still some properties that are privately owned, and as part of the vacate of the streets, these owners were provided access easements and it was indicated that they would be provided keys to the gate. The streets will remain open to the public for pedestrian and bicycle access. The gates are being designed so that there are pedestrian openings along either side of the gates. Installation of the gates and bollards will help to eliminate some of the illegal activity that occurs in the area. The City of Waterloo is seeking proposals for bollard installation in connection with the REAP grant project and have prepared a Request for Proposal (RFP) and Contract for Sherwood Bollard Installation Services to install approximately 364 bollards to prevent public vehicular access to the area. Leisure Services staff will acquire the bollards and provide them to the selected contractor. The RFP provides all the proposal (bid) specifications, terms and conditions, as well as the scope of work and details on the method of evaluation. The RFP calls for a per bollard lump sum cost. Proposals for the Sherwood Bollard Installation Services were received from three firms, including Boulder Contracting of Grundy Center, IA, Frickson Brothers Excavating of Evansdale, IA, and Miller Fence & Flag of Waterloo, IA. Frickson Brothers was the low bidder, and staff recommends that we proceed to award the contract to Frickson Brothers. Please note that bids were provided on a per bollard installation price based on an estimated amount of 364 bollards, however the bid specs noted that the resulting contract would either increase or decrease the total number of bollards at the per bollard price bid based on available grant funding. The proposed contract is to include 510 bollards, which at the per bollard prices bid puts the contract total at $17,556. Please find attached a copy of the contract to be executed. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services \11.06-13 Council Communication for RFP and Contract for Sherwood Gate Acquisition and Installation Project.doc Bid Tab for Request for Proposals for Sherwood Bollard Installation Services August 7, 2014 1:00 p.m. Bid Opening Estimate: $28,000 BID TAB FOR RFP FOR SHERWOOD BOLLARD INSTALLATION SERVICES - 2014 5% Guarantee by certified check or bid bond (yes or no) Bollard Installation (one bollard involving street cut) Bollard Installation (per bollard unit price to install 363 bollards) Bollard Installation (price extension total to install 363 bollards) Total bid (street cut bollard price + total for 363 bollards) Boulder Contracting Grundy Center, IA Yes $750.00 $92.00 $33,396 $34,146.00 Erickson Brothers Excavating, Evansdale, IA Yes $250.00 $34.00 $12,342 $12,592 Miller Fence & Flag Waterloo, IA Yes $135.00 $47.50 $17,242.50 $17,377.50 BID TAB FOR RFP FOR SHERWOOD BOLLARD INSTALLATION SERVICES - 2014 CONTRACT FOR SHERWOOD BOLLARD INSTALLATION SERVICES This Contract for Sherwood Bollard Installation Services (the "Contract") is entered into as of September 1, 2014, by and between the City of Waterloo, Iowa ("City") and Frickson Brothers Excavating ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of two (2) months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above goods and services at the cost set forth in Contractor's RFP response. Contractor will be paid lump sum for all goods provided and services performed and accepted. Contractor's request for payment for services authorized under this Contract will be paid within sixty (60) days after receipt of an original invoice and after such goods and services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal and all attachments therein b. Addenda c. Response (Proposal) from the Contractor, including Bid Tabulation d. Specifications for Gates and Gate Installation e. Signature Page f Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $250.00 per bollard for the one bollard within the paved (P.C.C.) shoulder of the roadway and $34.00 per bollard for all other bollards, for a total lump sum of $ 17,556, except by written amendment as provided herein. The Contract shall include installation of 510 bollards in total (including the one within the paved shoulder). 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Reserved. 6. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA, State of Iowa, and City, the officials, officers, employees, agencies and agents of each, 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 Contractor in providing the goods and services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 7. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when project activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 7 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Chapters 19B and 551 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full 3 force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Sherwood Gate Acquisition and Installation Services as of the date first set forth above. CITY OF WATERLOO, IOWA FRICKSON BROTHERS EXCAVATING By: Ernest G. Clark, Mayor Robert Frickson, Authorized Representative Attest: Suzy Schares, City Clerk 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-739 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO FRICKSON BROTHERS EXCAVATING OF EVANSDALE, IOWA, IN THE AMOUNT NOT TO EXCEED $17,556.00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE SHERWOOD BOLLARD INSTALLATION SERVICES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Frickson Brothers Excavating of Evansdale, Iowa, in the amount not to exceed $17,556.00, in conjunction with the Sherwood Bollard Installation Services, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-683, after public hearing on August 11, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 25th day of August, 2014. ded Ernest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2013 Prepared: August 20, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving Economic Development Assistance Contract 15 -TC -002 with Iowa Economic Development Authority and CPM Acquisition Corp. for the CPM Acquisition Corp. test center reconstruction, with the City of Waterloo as the local sponsoring community, and authorize Mayor to sign and fully execute the document. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of resolution as noted above Summary Statement: As you may recall, back in April of 2011, CPM Acquisition Corp. added a 6,000 sq. ft. addition onto their site at 2975 Airline Circle (near Omega). They are now moving ahead with another project to invest approximately $750,000 for the internal reconstruction of some warehousing space into their test center. This project will help them gain State incentives for the creation of 1 new job, through State tax rebates. As a part of this agreement with the State, the City of Waterloo will work as the local sponsor and work to approve a Development Agreement with the company for any new added taxable value at the site, at a standard 5 years at 50% tax rebate schedule. This would be in accordance with the City of Waterloo's Economic Development policy. The CPM Acquisition Corp. project would be approximately $750,000 in new investment. They have 82 employees at the site currently, and will be adding a new employee through the project, with over 23 current employees at the State qualifying wage of $44.52 currently at the site. The project will receive State tax credits over a 5 -year period with about $2,840 per year. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: NA Background Information: This is a great project for the City of Waterloo in an existing industrial corridor area. The CPM site is located within the MidPort TIF District, the Primary Growth area for the City of Waterloo, and is designated for Industrial Development on the Future Land Use Map. CPM has been steadily working to grow at their current operation in Waterloo. The City of Waterloo has previously approved a Development Agreement for past expansions and will forward an agreement for this project in the near future. ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY CPM ACQUISITION CORP., THE CITY OF WATERLOO, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 15 -TC -002 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # 15-HQJTC-002 Exhibit B-2 High Quality Jobs Program - Tax Credit Special Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 15 -TC -002 - 2 - Fmt Approved 11/12 Economic Development Assistance Contract RECIPIENT: COMMUNITY: CONTRACT NUMBER: AWARD DATE: AWARD AMT. — TAX INCENTIVES CPM ACQUISITION CORP. CITY OF WATERLOO 15 -TC -002 JULY 18, 2014 $26,200 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA), 200 East Grand Avenue, Des Moines, IA 50309, and CPM Acquisition Corp. (Recipient), 2975 Airline Circle, Waterloo, IA 50703 and the City of Waterloo (Community), 715 Mulberry Street, Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in the financing of its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community and IEDA agree to the following terms: Contract # 15 -TC -002 - 3 - Fm! Approved 11/12 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Period Completion Date. Through the Project Period Completion Date and for a reasonable period of time after Project Period Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout; such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Award" means the sum of any and all assistance provided by IEDA for the Project under this Contract. "Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the awarding of financial assistance to the Recipient for the Project. "Base Employment Level" means the number of full-time equivalent positions at a business, as established by the authority and a business using the business's payroll records, as of the date a business applies for tax incentives or project completion assistance. The number of jobs the business has pledged to create and retain shall be in addition to the base employment level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article I. "Created Job" means a new, permanent, full-time equivalent (FTE) position added to a business's payroll in excess of the base employment level at the time of application for tax incentives or project completion assistance. "Full-time equivalent job" or "full-time" means the employment of one person: Contract # 15 -TC -002 - 4 - Fmt Approved 11/12 1. For 8 hours per day for a 5 -day, 40 -hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Job Obligations" means the jobs that must be created or retained as a result of a project's receiving state or federal financial assistance, project completion assistance, or tax incentives from the authority and that are required to meet the qualifying wage threshold requirements. Recipients job obligations are specified in Exhibit D of this contract. Jobs that do not meet the qualifying wage threshold requirements shall not be counted toward a business's job creation or job retention obligations contained in Exhibit D. The job obligations in Exhibit D include the business's base employment level and the number of new jobs required to be created above the base employment level. "Laborshed Wage" means the qualifying wage threshold applicable to recipient's project as calculated pursuant to rule 261-173.2 and 261 -chapter 174 and as specified in Exhibit D of this contract. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the project maintenance period ends is identified in Exhibit D. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Date" means the date by which a recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this agreement. The project completion date will be a date on which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. "Project Completion Period" means the period of time between the date financial assistance is awarded (the "award date") and the project completion date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the laborshed wage as calculated by IEDA pursuant to statute and rule for each program that is providing financial assistance or tax credit incentives for this Project. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations. Contract # 15 -TC -002 - 5 - Fmt Approved 11/12 "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Benefits" means that the employer offers to each full-time equivalent permanent position a benefits package that meets one of the following: 1. The employer pays 80 percent of the premium costs for a standard medical and dental plan for single employee coverage with a $750 maximum deductible; or 2. The employer pays 50 percent of the premium costs for a standard medical and dental plan for employee family coverage with a $1,500 maximum deductible; or 3. The employer provides medical coverage and pays the monetary equivalent of paragraph "1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement (401k), profit sharing, disability insurance, child care services. "Tax Incentives" means the tax credits, refunds and other authorized benefits IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES High Quality Jobs Program Tax Incentives $ 26,200 TOTAL STATE TAX INCENTIVES: $ 26,200 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-2 High Quality Jobs Program — Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Reserved. 4.2 Tax Incentives—Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until LEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described in herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives Contract # 15 -TC -002 - 6 - Fmt Approved 11/12 (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary. (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. IEDA shall have received such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form — Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of tax credit programs and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings, bidding for construction shall not be conducted prior to the written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety, and only if either of the following applies: Contract # 15 -TC -002 - 7 - Fm[ Approved 11/12 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced. 4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to delay the issuance of a tax credit number or receipt of other Tax Incentives: (a) Unremedied event of default. Upon the occurrence of an Event of Default (as defined in this Contract) by the Recipient, the IEDA may suspend the issuance of the Award to the Recipient until such time as the default has been cured to IEDA's satisfaction. (b) Layoff, closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or all of the amount of tax incentives to be received. (c) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of tax incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of tax incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of authorization or issuance of Tax Incentives to the Recipient. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient; and to perform, or cause to be performed, each and all of the obligations under the Contract. The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitute the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or effecting the Recipient or any of its properties. (c) Subsidiaries. The Recipient has no Subsidiaries involved with the Project on the Contract Contract # 15 -TC -002 -8- Fmt Approved 11/12 Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as at said date in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate have been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient (financial or otherwise) or the prospects of the Recipient. (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient threatened, against the Recipient which if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to (or valid leasehold interests in) all of its property involved with the Project (including, without limitation, the Secured Property if real property is a security for this Contract) reflected on the most recent balance sheets furnished to the IEDA (except for sales of assets in the ordinary course of business). (k) Taxes. All tax returns required to be filed by the Recipient in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, as are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows Contract # 15 -TC -002 - 9 - Fmt Approved 11/12 of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting either the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice to the effect that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community, contravene or constitute a default under any covenant, indenture or contract of or effecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that as to any projections furnished to the IEDA, the Community only Contract # 15 -TC -002 - 10 - Fmt Approved 11/12 represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community threatened. (f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community threatened, against the Community which if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community. The Community has not received notice to the effect that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community. (i) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Reserved. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the five (5) year Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Contract # 15 -TC -002 - 11 - Fmt Approved 11/12 Award Date Project Completion Period Project Completion Date Maintenance Period Maintenance Period Completion Date Contract Closeout "Award Date" "Project "Project "Maintenance "Maintenance Period IEDA will conduct means the date Completion Completion Date" Period" means Completion Date" Contract Closeout first stated in this Period" means the means the date 3 the period of means the date 2 years procedures after all Contract and is period of time years from the time between from the Project events described in the date the between the Award Award Date, the Project Completion Date and Article 1 have been IEDA Board Date and the Recipient must Completion is the date on which met. approved the Project Completion complete the Project Date and the the Maintenance awarding of financial Date. by this date. Maintenance Period Period ends. "Contract End Date" means the date stated assistance to the At this point, IEDA Completion At this point, IEDA in IEDA's written Recipient for the will review the Date. The will review the Project Notice of Final Project. Project to verify Project must be to verify that it was Contract Closeout compliance with maintained in maintained in that is issued Contract terms and obligations. Iowa for this period of time. compliance with Contract terms and obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and affect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies, all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties; and the Recipient shall insure such other hazards and risks (including employers' and public liability risks) in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will upon request of IEDA furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. 7.3 Preserve Project. Contract # 15 -TC -002 - 12 - Fmt Approved 11/12 (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition (ordinary wear and tear excepted) and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. (b) Reserved. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted, or proposed to be conducted by Recipient, as described in the Recipient's approved application for funding, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes . in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether or not the change affects the Project shall be as reasonably determined by IEDA. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 315` for the period ending June 30th The Annual Project Status Report will collect information from the Recipient about the status of the Project. End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Job Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At Contract # 15 -TC -002 - 13 - Fmt Approved ll/12 the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or, licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this state. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa. (f) Compliance with IEDA 's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs providing assistance to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants (and by this provision the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient). 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all Contract # 15 -TC -002 - 14 - Fin( Approved 11/12 other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA, for the duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; and (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall promptly provide IEDA with written notice of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with a financing or refinancing of the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA, the State of Iowa, its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of their agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. ARTICLE 8: COVENANTS OF THE COMMUNITY Contract # 15 -TC -002 - 15 - Fmt Approved 11/12 For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, change in the Recipient' ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default can result in termination of this Contract and repayment of all or a portion of the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: 1. Nonpayment. Failure to make a payment when due (whether by lapse of time, acceleration or otherwise) for more than ten (10) business days of the due date thereof of any Loan or other payment required by this Contract; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7, for more than five (5) business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract shall for any reason fail to create a valid and perfected priority security interest in favor of the IEDA; or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unbonded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change shall occur in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered Contract # 15 -TC -002 - 16 - Fm! Approved 11/12 involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) institute any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official shall be appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above shall be instituted against either the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Insecurity. IEDA shall in good faith deem itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Contract, or the performance of or observance of the covenants in this Contract, is or will be materially impaired; or 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient experiences a layoff, relocates or closes any of its facilities within the state of Iowa; or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient, setting forth the nature of the alleged default in reasonable specificity, and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, in which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Reserved. 3. Reserved. 4. Revoke or reduce authorized Tax Incentives. Contract # 15 -TC -002 - 17 - Fmt Approved 11/12 5. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default can result in termination of this Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community, setting forth the nature of the alleged default in reasonable specificity, and providing therein a reasonable period time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, in which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community. 2. Require repayment by Community for the amount of local financial assistance pledged to the Project but not provided. (d) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Tax Incentives are received. (e) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. Contract # 15 -TC -002 - 18 - Fmt Approved 11/12 (a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Contract, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if such court has jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with the internal laws of the State of Iowa without regard to principles of conflicts of laws. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, but only as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA Board review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA Board's rules and procedures applicable to contract amendments. 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing (including, without limitation by fax) and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other given by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: To the Recipient at: CPM Acquisition Corp. Nicholas Taiber 2975 Airline Circle Waterloo, IA 50703 E-mail: taibern@cpm.net Telephone: 319-464-8244 Facsimile: 319-232-2773 To the IEDA at: Iowa Economic Development Authority Compliance 200 East Grand Avenue Des Moines, Iowa 50309 Attention: Business Development - Compliance E-mail: Compliance@iowa.gov Telephone: 515.725.3000 Facsimile: 515.725.3010 To the Community at: City of Waterloo Contract # 15 -TC -002 - 19 - Fmt Approved 11/12 Noel Anderson 715 Mulberry Street Waterloo, IA 50703 E-mail: noel.anderson@waterloo-ia.org Telephone: 319-291-4366 Facsimile: 319-291-4262 Each such notice, request or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in this Article and a confirmation of such facsimile has been received by the sender, (ii) if given by e-mail, when such e-mail is transmitted to the e- mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (iii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iv) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed to be final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and its respective successors and assigns, and shall inure to the benefit of the IEDA and the benefit of their respective successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless Contract # 15 -TC -002 - 20 - Fmt Approved 11/12 approved in writing by IEDA. 10.12 Termination. This Contract can be terminated under each of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - 2. Exhibit B-2 Recipient's Financial Assistance Application (on file with IEDA), Application # 15-HQJTC-002 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - Description of the Project and Award Budget 4. Exhibit D - Job Obligations 5. Exhibit E- Reserved 6. Exhibit F - Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: 1. Article 1 - 10 of this Contract. 2. Exhibit A - 3. Exhibit B-2 Recipient's Financial Assistance Application (on file with IEDA), Application # 15-HQJTC-002 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire understanding between the Parties relating to the Project and any representations that may have been made before or after the signing of this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties have relied on any such prior representation in entering into this Contract. Contract # 15 -TC -002 - 21 - Fmt Approved 11/12 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: Deborah V. Durham, Director Signature Typed Name and Title Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 15 -TC -002 - 22 - Fmt Approved 11/12 LIST OF EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # 15- HQJTC-002 Exhibit B-2 High Quality Jobs Program — Tax Credit Component Special Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 15 -TC -002 - 23 - Fmt Approved 11/12 EXHIBIT B — 2 High Quality Jobs Program — Tax Credit Component Special Conditions to Contract # 15 -TC -002 The following additional terms shall apply to the Contract: SECTION 1: ADDITIONAL DEFINITIONS. The following additional terms are defined in this Contract as follows: "Capital Investment" means the investment spent on depreciable assets. The minimum Capital Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of expenditures for purposes of calculating Capital Investment are described in IEDA's administrative rule 261 IAC 174.10. "Investment Qualifi?ing for the Tax Credit" means new investment directly related to jobs created or retained by the start-up, location, expansion or modernization for this Project. Not all of the expenditure categories used to calculate the "Investment Qualifying for the Tax Credit" are included for purposes of claiming the tax credits. The allowable categories of expenditures for purposes of claiming the tax benefits are described in IEDA's administrative rule 261 IAC 174.10. "Quali6ing Investment" means the statutorily -required minimum investment amount that must be met and maintained by the Recipient to receive High Quality Jobs Program tax benefits for this Project. This amount is as stated in Section 2 of this Exhibit. Not all expenditures count toward meeting the required Qualifying Investment. The categories of expenditures that can be included for purposes of meeting and maintaining statutorily -required investment requirements are described in IEDA's administrative rule 261 IAC 174.10. "Economically Distressed Area" means a county that ranks among the bottom 25 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12 -month period or the average annualized unemployment level for the most recent five-year period. SECTION 2: TERMS AND CONDITIONS OF THE AWARD 2.1 Award. The Recipient is awarded the following Tax Benefits through the High Quality Jobs Program, based on the minimal investment requirements described herein: $26,200. 2.2 Minimum Investment Requirements. As a condition of receiving Tax Benefits, the Recipient shall meet the following minimum investment requirements: (a) Capital Investment. $ 715,000 (b) Qualifying Investment. $ 710,000 (c) Investment Qualifying for Tax Credits. $ 710,000 2.3 Additional Tax Benefits. The Recipient is eligible for additional incentives pursuant to Iowa Code sections 15.326, et. seq. pursuant to its participation in the High Quality Jobs Program and its obligations and rights under the Contract. The following Tax Benefits, in the maximum amounts shown for each authorized benefit, are so available to the Recipient: Contract # 15 -TC -002 Exhibit B-2, Page 1 Fmt Update 11/12 Authorized Benefits Included in Award Maximum Amt. Refund of Sales, Service, and Use Taxes. $ 12,000 0 Yes ❑ No Refund of Sales Taxes Attributable to Racks, Shelving and Conveyor Equipment. ❑ Yes $ 0 I No Corporate Tax Credit For Certain Sales Taxes Paid By Third Party Developer. ❑ Yes $ 0 �1 No Investment Tax Credit (2%) $ 14,200 Yes n No Research Activities Credit. n Yes $ 0 No Local Property Tax Exemption Provided by Community ❑ Yes $ 0 ►1 No 2.4 Conditions for Authorized Benefits. The Recipient is responsible to seek these additional benefits through processes described in the applicable statues and corresponding administrative rules, ordinances and procedures. The following conditions shall apply to the benefits described in section 2.3 of this Exhibit. (a) Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.331A (2011 Supplement). 1. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the Recipient. 2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. 3. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Recipient must: (b) Reserved. (c) Reserved. Contract # 15 -TC -002 Inform the Iowa Department of Revenue (IDR) in writing within two weeks of project completion. For purposes of claiming this refund, "project completion" means the first date upon which the average annualized production of finished product for the preceding ninety -day period at the manufacturing facility operated by the Recipient is at least fifty percent of the initial design capacity of the facility. ii. Within one year after Project Completion, as defined in sub -paragraph i above, make an application to the Department Revenue. Exhibit B-2, Page 2 Fmt Update 11/12 (d) Investment Tax Credit. 1. The Recipient may claim an investment tax credit as provided in Iowa Code section 15.333. Such credit may be claimed for a portion of the Qualifying Expenditures, as defined below in subparagraph (iii), directly related to job obligations, as described in Exhibit D, of the start-up, or location, expansion, or modernization of the business under this program. The Recipient shall not claim more than the amount authorized for this benefit as stated above and in Article 2.2(b). The credit is to be taken in the year the qualifying asset is placed in service. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. 2. The tax credit shall be amortized equally over a five-year period as specified below: July 1, 2014 — June 30, 2015 $ 2,840 July 1, 2015 — June 30, 2016 $ 2,840 July 1, 2016 — June 30, 2017 $ 2,840 July 1, 2017—June 30, 2018 $ 2,840 July 1, 2018 — June 30, 2019 $ 2,840 3. Only Qualifying Expenditures are eligible for the investment tax credit. For purposes of this benefit, "Qualifying Expenditures" means: i. The purchase price of real property and any buildings and structures located on the real property. ii. The cost of improvements made to real property which is used in operation of the business. iii. The costs of machinery and equipment, as defined in Iowa Code section 427A.1(1) "e" and "j," purchased for use in the operation of the business and which the purchase price may have been depreciated in accordance with GAAP. 4. If the Project includes leasing of new construction or major renovation of an existing building, the annual base rent paid to a third -party developer by a Recipient must be for a period equal to the term of the lease agreement but not to exceed the maximum term of the agreement, provided the cumulative cost of the base rent payments for that period does not exceed the cost of the land the third -party developer's costs to build or renovate the building for the Recipient. Limitations to annual base rent shall only be considered when the Project includes the construction of a new building or the major renovation of an existing building. The Recipient shall enter into a lease agreement with the third -party developer for a minimum of five years. (e) Reserved. (f) Reserved. SECTION 3: ADDITIONAL COVENANTS Contract # 15 -TC -002 Exhibit B-2, Page 3 Fmt Update 11/12 In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the additional covenants: 3.1 Job Obligations. By the Project Completion Date, the Recipient shall create and/or retain the number of FTE Created Jobs and Retained Jobs included in, for Retained Jobs, and above, for Created Jobs, the Recipient's Employment Base, as detailed in Exhibit D — Job Obligations, and maintain the jobs through the Maintenance Period. 3.2 Wage Obligations. The Qualifying Wage Threshold rates specific to this Contract that must be met are stated in Exhibit D, Job Obligations. By the Project Completion Date and through the Maintenance Completion Period Date, the Recipient shall: (a) For the Created Jobs, pay 100% of the Qualifying Wage Threshold at the start of the Project Completion Period, at least 120% of the Qualifying Wage Threshold by the Project Completion Date, and at least 120% of the Qualifying Wage Threshold until the Maintenance Period Completion Date. (b) For the Retained Jobs, pay at least 120% of the Qualifying Wage Threshold throughout both the Project Completion Period and the Maintenance Period (c) For projects in Economically Distressed Areas the Qualifying Wage Threshold requirement applicable to all phases of the project is 100% of the Qualifying Wage Threshold if the eligible business is located in an economically distressed area. 3.3 Provide Sufficient Benefits. The Recipient shall provide all employees included as part of the job and wage obligations with Sufficient Benefits. SECTION 4: ADDITIONAL DEFAULT PROVISIONS In addition to the default provisions included in Article 9 of the Contract, the following additional default provisions shall apply: 4.1 Repayment of Tax Benefits Received - High Quality Jobs Program. IDR is the state agency responsible for collecting the value of any Tax Benefits received in violation of the terms of this Contract. The Community is the party responsible for collecting the value of the local tax benefits received in violation of this Contract. IEDA will determine if the Recipient has met the terms of this Contract. If there is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community. Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include interest assessed by IDR. Those circumstances are as follows: (a) Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its Job Obligations as detailed in Exhibit D, Job Obligations by the Project Completion Date, Recipient shall repay a percentage of the Tax Benefits it has received. The repayment percentage will be equal to the percentage of jobs short of its Job Obligations. The percentage to be repaid is calculated based on the number of jobs that are at or above the Qualifying Wage Threshold. For example, if the Recipient meets 90% of its Job Obligations, the amount to be repaid is 10% of the value of Tax Benefits taken (plus any interest assessed by IDR). Upon repayment of the amount due, IEDA will reduce the Recipient's Employment Base. This reduced employment base must be maintained through the Maintenance Period Completion Date. Contract # 15 -TC -002 Exhibit B-2, Page 4 Fmt Update 11/12 (b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its adjusted Employment Base through the Maintenance Period Completion Date, Recipient shall repay an additional percentage of the Tax Benefits it has received. The repayment percentage will be equal to the percentage of jobs that the Recipient failed to maintain. The amount to be repaid will be calculated as described in subsection (a) above. (c) Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the Project Completion Date Recipient shall repay a portion of the Tax Benefits received. For example, if the Recipient's required Total Project Cost is 10% less than pledged, 10% of the value of the tax benefits received (plus any interest assessed by IDR) must be repaid. (d) Repayment Amount If Both Shortfall in Job Obligations and Less Than Total Project Cost. If the Recipient experiences a shortfall in its Job Obligations and the Total Project Cost is less than required, IEDA will calculate the percentage owing for the job shortfall and for less than the Total Project Cost. The higher of these two amounts shall be the amount Recipient shall repay to IDR. (e) Selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells, disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing structures for which an investment tax credit was claimed, the income tax liability of the Recipient for the year in which all or part of the property is sold, disposed of, razed, or otherwise rendered unusable shall be increased by one of the following amounts plus any interest assessed by IDR: 1. 100% of the tax credit claimed if the property ceases to be approved for the tax credit within one full year after being placed in service. 2. 80% of the tax credit claimed if the property ceases to be approved for the tax credit within two full years after being placed in service. 3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within three full years after being placed in service. 4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within four full years after being placed in service. 5. 20% of the tax credit claimed if the property ceases to be approved for the tax credit within five full years after being placed in service. (f) Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit, Recipient shall repay all or a portion of the value of Tax Benefits received. Repayment shall be calculated as follows plus any interest assessed by IDR: 1. If the Recipient has met 50 percent or less of the Qualifying Investment requirement, Recipient shall repay the same percentage in Tax Benefits as the Recipient failed to invest. 2. If the Recipient has met more than 50 percent but not more than 75 percent of the Qualifying Investment requirement, the Recipient shall repay one-half of the percentage in Tax Benefits as the Recipient failed to invest. Contract # 15 -TC -002 Exhibit B-2, Page 5 Fmt Update 11/12 3. If the Recipient has met more than 75 percent but not more than 90 percent of the Qualifying Investment requirement, the Recipient shall repay one-quarter of the percentage in benefits as the Recipient failed to invest. - End of Exhibit B — 2 - Contract # 15 -TC -002 Exhibit B-2, Page 6 Fmt Update 11/12 DESCRIPTION OF THE PROJECT AND AWARD BUDGET (EXHIBIT C) Name of Recipient: Name of Community: Contract Number: CPM Acquisition Corp. City of Waterloo 15 -TC -002 PROJECT DESCRIPTION CPM Acquisition Corp. will reconstruct the test center, which provides product and process research and development services to customers. AWARD BUDGET SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST IEDA Programs *Land Acquisition TBD HQJP Tax Credit Yes 'See Below *Site Preparation In -Kind Contributions *Building Acquisition Business $750,000 Internal Financing *Building Construction RED *Building Remodeling $400,000 Lease Payments *Mfg Machinery and Equipment $300,000 Other Machinery and Equipment Racking, Shelving, etc. $5,000 *Computer Hardware $10,000 Computer Software $25,000 *Furniture and Fixtures Working Capital Research and Development Contingency $10,000 *included as capital investment if awarded tax credit program Total $750,000 Total $750,000 1$26,200 estimated benefit value OTHER FUNDING SOURCE OF FUNDS TOTAL AMOUNT FORM/TERM USED AS MATCH TIE Rebate Tax Abatement TBD 5 years at 50% Yes 260E Job Training In -Kind Contributions RISE RED Other EXHIBIT D — JOB OBLIGATIONS Recipient: CPM Acquisition Corp. Community: City of Waterloo Contract Number: 15 -TC -002 This Project has been awarded benefits from the High Quality Jobs Program (HQJP) — Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by the Authority and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs (including their wage characteristics) that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date, the Business must achieve (at a minimum) the numbers found in the "Total Job Obligations" column. HQJP JOB OBLIGATIONS Project Completion Date: July 31, 2017 Maintenance Period Completion Date: July 31, 2019 Employment Base Jobs To Be Created Total Job Obligations Total employment at project location 82 1 83 Average wage of total employment at project location $30.34 Qualifying Laborshed Wage threshold requirement (per hr) $19.13 (120%) Number of jobs at or above qualifying wage 23 0 23 Average Wage of jobs at or above qualifying wage $44.52 Notes re: Qualifying Wages 1. Bonus or commission payments are not included when calculating the Qualifying Wage rate. 2. Employment Base includes 1 "Retained Jobs". 3. If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2.) By not checking the box and not providing the alternative schedule, IEDA will consider "Full-time Equivalent (FTE) Job" to mean the employment of one person for 8 hours per day for a 5 -day, 40 -hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. El The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Fmt. Approved 11/09 CPM Acquisition Corp. Contract #15 -TC -002 DOCUMENTS NEEDED FOR PROCESSING REQUESTS FOR RECEIPT OF TAX CREDIT BENEFITS Contract Documents Article 4: Received Responsibility of: n Fully executed Contract [§4.3(a)] Recipient, IEDA ❑ Certified copy of the Company's Articles of Incorporation. [§4.3(b)] Recipient Certificate of Corporate Existence from the Iowa Secretary of State [§4.3(c)] Recipient Results of Lien and Tax Search and Documentation of Satisfactory Credit History IEDA [§4.3(d)] Solid and Hazardous Waste Reduction Plan. To comply with Iowa Code section Recipient 1 5A. 1 (3)"b". (If the company doesn't have hazardous waste, they'll still have solid, i.e. wastepaper. They need to either use one of the contacts provided with the award letter, or provide in-house audit results or proposal of an in-house audit). [§4.3(f)] C Signed Authorization for Release of Confidential State Tax Information form Recipient [§4.3(g)] Project Financial Commitments with a letter from each funding source to include Recipient amount, rate and terms [§4.3(g)] ❑ Business: $750,000 Internal financing ll State Building Code Bureau Approval [§4.3(i)] if applicable "Other" Documents: W-9 form Other Recipient Recipient Recipient NOTE: Once all documents have been received by your project manager, the business will be issued a tax credit number which the Iowa Department of Revenue is now requiring for all tax credits claimed. IEDA USE ONLY I certify all original signed contract documents have been received and appropriate documentation supporting this tax credit number has been reviewed and approved. Project Manager Team Leader Date Date Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-740 RESOLUTION APPROVING ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT NUMBER 15 -TC -002 WITH IOWA ECONOMIC DEVELOPMENT AUTHORITY AND CPM ACQUISITION CORP. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Economic Development Assistance Contract Number 15 -TC -002, dated August 25, 2014, for the CPM Acquisition Corp. test center reconstruction, with the City of Waterloo as the local sponsoring community, by and between the Iowa Economic Development Authority, CPM Acquisition Corp. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: uzy Sch. res, CMC City Cle k 1ark ayor CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request by Martin Nance for an encroachment agreement to legalize an existing 12' x 12' deck on the required right of way located at 1319 Colorado Street. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Staff recommends that the request for the encroachment agreement to allow for the legalization of the 10' x 12' deck be denied. Summary Statement: A complaint was registered to the City of Waterloo's Code Enforcement office siting that a deck had been built in the right-of-way. Code enforcement then made the Planning office aware of the situation. It was determined that the deck was built without a permit. The deck with decorative fencing is approximately 7' from the back of the curb and approximately 3' inside a Yield sign. Therefore, staff has serious concern with visibility for crossing pedestrian and vehicle traffic along Colorado; particularly for an intersection with only yield signs on Manson Street and no 4 -way stop system. The Engineering Department has recommended denial of the request, as city code does not allow for residents to install items such as decks within the right-of-way, and that the right-of-way should be maintained for roads, utilities and other public uses. The Planning, Programming and Zoning Commission unanimously recommended denial of the encroachment agreement at their meeting on August 5, 2014. Staff recommends that the request for the encroachment agreement to allow a 12' x 12' deck with decorative fencing to remain within the right-of-way along Manson Street be denied, for the following reasons. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1. The request would appear to have a negative impact on the traffic conditions in the area. 2. The request would appear to have a negative impact on the pedestrian traffic conditions in the area. 3. City code does not allow for items to be placed within the right-of-way as right-of-ways should be maintained for roads, utilities and other public uses. Expenditure Required: None Source of Funds: None required Policy Issue: Right-of-way Alternative: Background Information: NA:cw cc: Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer -file- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: August 5, 2014 Request by Martin Nance for an encroachment agreement to legalize an existing 12' x 12' deck on the required right of way located at 1319 Colorado Street. Martin Nance, 1319 Colorado Street, Waterloo, Iowa The applicant requests an encroachment agreement to legalize an existing 426 square foot floating wood deck that is located within the required right-of-way located at the southwest intersection of Manson and Colorado Streets. The request could have a negative impact on the surrounding neighborhood as the deck is not uniform with the remaining neighborhood The request could have a negative impact on traffic or pedestrian conditions in the area as visibility would appear to be an issue at this intersection. There is sidewalk located along Colorado within this area and it would appear the visibility is impaired within the last 20' portion of the intersection. There are no trails near the site in question however. The property in question is zoned "R-2" One and Two Family Residence District, and has been zoned as such since the Zoning Ordinance was adopted in 1969. The area was originally platted in the mid 1950's. This particular home was built in 1959. No buffers or additional screening would be needed with this request. The request would not appear to have an impact on drainage in the area. This structure is not located in any floodplain designations as indicated by the newly updated Federal Insurance Flood Insurance Rate Maps that took effect July 18, 2011. There are no public/open spaces or schools in the area. There is a water service line off of Madison Street that runs underneath the deck. All water service lines are the responsibility of the property owner. Therefore, the owner would have to remove the deck if there was ever a problem with the service line. The property is located in an area shown on the Future Land Use Map as Low Density Residential. The proposed encroachment is located within the Primary Growth Area as defined by the Encroachment Agreement — Martin Nance -1319 Colorado Street Page 1 of 2 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 5, 2014 Comprehensive Plan. A complaint was registered to the City of Waterloo's Code Enforcement office siting that a deck had been built in the right-of- way. Code enforcement then made the Planning office aware of the situation. It was determined that the deck was built without a permit. The deck with decorative fencing is approximately 7' from the back of the curb and approximately 3' inside a Yield sign. Therefore, staff has serious concern with visibility for crossing pedestrian and vehicle traffic along Colorado; particularly for an intersection with only yield signs on Manson Street and no 4 -way stop system. The Engineering Department has recommended denial of the request, as city code does not allow for residents to install items such as decks within the right-of-way, and that the right-of-way should be maintained for roads, utilities and other public uses. There is no platting required for this request. Therefore, staff recommends that the request for the encroachment agreement to allow for the legalization of the 12' x 12' deck be denied, for the following reasons. 1. The request would appear to have a negative impact on the traffic conditions in the area. 2. The request would appear to have a negative impact on the pedestrian traffic conditions in the area. 3. City code does not allow for items to be placed within the right-of-way as right-of-ways should be maintained for roads, utilities and other public uses. Encroachment Agreement — Martin Nance -1319 Colorado Street Page 2 of 2 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability med for the accuracy of the data delineated herein, either expressed or implied by Black Hawk county, the Black Hawk county Assessor, or their employees. The CM of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown n this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's ice for complete and accurate information. CAROL FAILOR From: ARIC SCHROEDER Sent: Friday, September 19, 2014 11:28 AM To: CAROL FAILOR Cc: NOEL ANDERSON Subject: RE: Encroachment Agreement with Martin Nance All I can give you is a legal description of their adjoining property, as no legal exists for the area that the deck encroaches out into the street right-of-way. An actual encroachment agreement (the actual agreement document) has not been drafted yet, and we will likely just have to use an exhibit diagram showing the general area of the encroachment rather than an actual legal description of the encroachment. But the legal for their adjoining property is as follows: Lot 1, Block 4 of Hillside Addition, City of Waterloo, Iowa. Aric Original Message From: CAROL FAILOR Sent: Friday, September 19, 2014 10:25 AM To: ARIC SCHROEDER Subject: Encroachment Agreement with Martin Nance Hi Aric, I just saw Noel in the Clerk's office and told him I needed a legal description for the Encroachment Agreement that was approved on August 25th. Attached is his Council communication. He told me you could obtain a legal description for me. Thanks! Carol 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-741 RESOLUTION APPROVING ENCROACHMENT AGREEMENT WITH MARTIN NANCE AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated August 25, 2014, to legalize an existing 12' x 12' deck on the required right-of-way located at 1319 Colorado Street, legally described as follows: Lot 1, Block 4 of Hillside Addition, City of Waterloo, Iowa; by and between Martin Nance and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: Su Sch es, CMC City Cler a,/ Ernest G. Clark, Mayor CITY OF WA' L ERLOO Council Communication City Council Meeting: 08/25/2014 Prepared: DeAnne Dept. Head Signature: Suzy Scher-re4- # of Attachments: 4 SUBJECT: Fourth Tolling Agreement between U.S. & Waterloo Sanitary Sewer System Submitted by: City Attorney Jim Walsh Recommended City Council Action: Approval of Fourth Tolling Agreement for claims under the clean Water Act relating to City of Waterloo's Sanitary Sewer System Summary Statement: Requesting approval of agreement Expenditure Required: N/A Source of Funds: Policy Issue: Alternative: Background Information: Ongoing claim for failure to meet the conditions of the United States Environmental Protection Agency national Pollutant Discharge Elimination System. FOURTH TOLLING AGREEMENT FOR CLAIMS UNDER CLEAN WATER ACT RELATING TO CITY OF WATERLOO'S SANITARY SEWER SYSTEM The United States, on behalf of the United States Environmental Protection Agency, contends that it has a cause of action under the Clean Water Act, 33 U.S.C. § 1251 et seq., against the City of Waterloo, Iowa ("Waterloo"), for, inter alia, failure to meet the conditions of its National Pollutant Discharge Elimination System ("NPDES") permit and the Clean Water Act in the operation and maintenance of its sanitary sewer system (the "Tolled Claims"). The United States and Waterloo ("Parties") enter into this Tolling Agreement to facilitate settlement negotiations between the Parties within the time period provided by this Agreement, without thereby altering the claims or defenses available to any Party hereto, except as specifically provided herein. The Parties, in consideration of the covenants set out herein, agree as follows: 1. Notwithstanding any other provision of this Tolling Agreement, the period commencing on March 1, 2013, and ending on September 1, 2015, inclusive (the "Tolling Period"), shall not be included in computing the running of any statute of limitations potentially applicable to any action brought by the United States on the Tolled Claims. 2. Any defenses of laches, estoppel, or waiver, or other similar equitable defenses based upon the running or expiration of any time period shall not include the Tolling Period for the Tolled Claims. 3. Waterloo shall not assert, plead, or raise against the United States in any fashion, whether by answer, motion or otherwise, any defense of laches, estoppel, or waiver, or other similar equitable defense based on the running of any statute of limitations or the passage of time during the Tolling Period in any action brought on the Tolled Claims. 4. This Tolling Agreement does not constitute any admission or acknowledgment of any fact, conclusion of law, or liability by any Party to this Tolling Agreement. Nor does this Tolling Agreement constitute any admission or acknowledgment on the part of the United States that any statute of limitations, or similar defense concerning the timeliness of commencing a civil action, is applicable to the Tolled Claims. The United States reserves the right to assert that no statute of limitations applies to any of the Tolled Claims and that no other defense based upon the timeliness of commencing a civil action is applicable. 5. This Tolling Agreement may not be modified except in a writing signed by both Parties. The Parties acknowledge that this Tolling Agreement may be extended for such period of time as the Parties agree to in writing. 6. It is understood that the United States may terminate settlement negotiations and commence suit at any time, upon provision of written notice to Waterloo. Where the United States elects to terminate negotiations under this Paragraph, the Tolling Period shall continue for the duration set forth in Paragraph 1. Nothing herein shall preclude the commencement of any action by the United States to protect the public health, welfare, or the environment without provision of advance notice. 7. This Tolling Agreement does not limit in any way the nature or scope of any claims that could be brought by the United States in a complaint against Waterloo or the date on which the United States may file such a complaint, except as expressly stated herein. parties. 8. This Agreement is not intended to affect any claims by or against third 9. Defendant shall preserve and maintain, during the pendency of the Tolling Period, and for a minimum of 90 days after termination of the Tolling Period, at least one legible copy of all potentially relevant information and other materials subject to discovery under the Federal Rules of Civil Procedure and relating to the Tolled Claims, regardless of any corporate or document retention policy to the contrary. "Potentially relevant information" includes any tangible thing such as physical materials, documents and electronically stored information. Electronically stored information must be maintained and preserved in its original "native" format. 10. This Tolling Agreement is effective upon execution by Waterloo, and without the requirement of filing with the Court, and may be signed in counterparts. 11. This Tolling Agreement contains the entire agreement between the Parties, and no statement, promise, or inducement made by any Party to this Tolling Agreement that is not set forth in this Tolling Agreement shall be valid or binding, nor shall it be used in construing the terms of this Tolling Agreement as set forth herein. 12. The undersigned representative of each of the Parties certifies that he or she is fully authorized to enter into the terms and conditions of this Tolling Agreement and to legally bind such party to all terms and conditions of this document. This Agreement shall be binding upon the United States, acting on behalf of the United States Environmental Protection Agency, and upon Waterloo and its successors. Fourth Tolling Agreement between U.S. & Waterloo at 2 SIGNATURES The United States, on behalf of the United States Environmental Protection Agency, consents to the terms and conditions of this Tolling Agreement by its duly authorized representatives on this day of , 2014. Susan M. Akers Assistant Section Chief Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice Danica Anderson Glaser Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice Fourth Tolling Agreement between U.S. & Waterloo at 3 Waterloo consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this day of , 2014. By: Fourth Tolling Agreement between U.S. & Waterloo at 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-742 RESOLUTION APPROVING FOURTH TOLLING AGREEMENT WITH U.S. DEPARTMENT OF JUSTICE, ENVIRONMENT AND NATURAL RESOURCES DIVISION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Fourth Tolling Agreement dated August 25, 2014, in conjunction with the City's sanitary sewer system and wastewater treatment plant, by and between the U.S. Department of Justice, Environment and Natural Resources Division and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 14, 2014 Dept. Head Signature: -- # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) Automated Side -Load garbage truck and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as September 15, 2014 with bid opening on September 11, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: N/A Expenditure Required: Est $227,000 Source of Funds: 525-15-5400-2117 Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) Automated Side -Loading garbage route truck. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-743 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF ONE (1) AUTOMATED SIDE -LOAD GARBAGE TRUCK. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side - Load Garbage Truck. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 25th day of August, 2014. /i52 it4L- Ernest G. Clark, Mayor ATTEST: Suzy Sch:res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-744 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE PURCHASE OF ONE (1) AUTOMATED SIDE -LOAD GARBAGE TRUCK, IN THE CITY OF WATERLOO AS SEPTEMBER 15, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 15th day of September, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 18, 2014 Dept. Head Signature°^'e # of Attachments: SUBJECT: Request the City Council adopt resolution to preliminarily approve the request for the bid document and specifications for Janitorial Services at the City of Waterloo Public Works Building and instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as September 22, 2014 with bid opening on September 18, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: N/A Expenditure Required: est $1200 per month Source of Funds: Shared departmental services -1371 Policy Issue: N/A Alternative: N/A Background Information: Request Council adopt resolutions to set date of hearing for the purpose of contracting janitorial services at the City of Waterloo Public Works. Bid documents will indicate 3 year contract, aligning with services contract for other City owned buildings. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-745 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH JANITORIAL SERVICES FOR PUBLIC WORKS BUILDING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with Janitorial Services for Public Works Building, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with Janitorial Services for Public Works Building. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with Janitorial Services for Public Works Building, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: Suzy Schares, CMC City Clerk 7 Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-746 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH JANITORIAL SERVICES FOR PUBLIC WORKS BUILDING, IN THE CITY OF WATERLOO AS SEPTEMBER 22, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 22nd day of September, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with Janitorial Services for Public Works Building, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day of August, 2014. ATTEST: cel= Suzy Sciares, CMC City Clerk d4,.1 Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 18, 2014 Dept. Head SignaturerW # of Attachments: SUBJECT: Request City Council resolution approving change order #1, an increase in the amount of $2,700 to the Public Works Salt Storage Building Project Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Resolution approving Change Order #1 to Salt Storage Building Project Expenditure Required: $2,700 Source of Funds: 414-19-7100-2151 Policy Issue: N/A Alternative: N/A Background Information: Request City Council resolution approving Change Order #1 to the Public Works Salt Storage Building in the amount of $2,700. Increase is due to change of exterior fabric to Fire Rated Fabric as required by Fire Marshall. This project is funded in 414 CIP program and increase will not extend project beyond original estimates, based on bids received. CITY OF WA'1'FRLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 CONTRACT NO. 864 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: It is recommended that council set the date of hearing as September 8, 2014 on this project. Summary Statement Transmitted herewith are the proposed schedule of assessments, plats, and breakdown of project costs on the F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, Contract No. 864. Expenditure Required N/A Source of Funds Property owner assessments Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Mike Heerkes, Draftsperson Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-747 RESOLUTION PRELIMINARILY APPROVING THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN THE CITY OF WATERLOO, IOWA. WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that municipal sidewalk repair work, together with necessary related work be constructed within Waterloo, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: Subdivision A. That Waterloo, Iowa, construct municipal sidewalk repair work, together with necessary related work, as hereinafter described. Subdivision B. The beginning and terminal points of said improvement shall be as follows: WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864 Construction of municipal sidewalk repair work, together with necessary related work, at various locations throughout the City. The exact locations are set out in detail in the preliminary assessment plat on file in the office of the City Clerk, and said plat by this reference is made a part hereof. Subdivision C. That the City Engineer of Waterloo, Iowa, having been employed as Engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All properties, any part of which is included within the areas located along the streets and avenues to be improved and generally described so as to include all privately owned and assessable property abutting the sidewalks to be repaired as more particularly shown on the assessment plat on file in the City Clerk's Office. (Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864). Resolution No. 2014-747 Page 2 Subdivision E. The said improvement shall be designated as the "Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. lark, Mayor ATTEST: Suzy Schakes, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-748 RESOLUTION FIXING VALUES OF LOTS. WHEREAS, this Council, after full investigation, has arrived at a determination of the value of each lot located within the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, said valuation being set forth in a preliminary schedule entitled "F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, under the column therein headed "proposed assessment". NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the Clerk is hereby directed to forthwith deliver the same to the City Engineer, the Engineer for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED this 25th day of August, 2014. ATTEST: Suzy Scha es, CMC City Cler rnest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 Contract No. 864 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set September 4, 2014 as the date for the bid opening, set September 8, 2014 as the date of the public hearing, and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, Contract No. 864, as prepared by the City Engineering Department. Expenditure Required TBD at bid opening Source of Funds Property owner assessments Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Mike Heerkes, Draftsperson Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-749 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE OF ASSESSMENT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. WHEREAS, this Council has caused to be prepared preliminary plat, schedule of assessment and estimate of cost, for the construction of the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, the Council finds that each lot separately assessed in the schedule of assessments meets the definition of a lot as described in Iowa Code Section 384.37(5) or in the case of lots consisting of multiple parcels that the parcels have been assembled into a single unit for the purpose of use or development; and WHEREAS, said plat and schedule and estimate of cost appear to be proper for the purpose intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That said plat and schedule of assessment and estimate of cost, be and the same are hereby adopted as the proposed plat, schedule of assessment and estimate of cost for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. PASSED AND APPROVED this 25th day of August, 2014. ATTEST: Suzy Sc ares, CMC City Clerk A( rnest G. Clark, Mayor 0 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-750 (CONTRACT NO. 864) RESOLUTION OF NECESSITY (PROPOSED). WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the District, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, as hereinafter described, in Waterloo, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA; That it is deemed desirable, advisable and necessary to construct as a single improvement the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in Waterloo, Iowa. Said District containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution. The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the District. No property shall be assessed more than it is benefited by the improvements nor more than 25% of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of Bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. Resolution No. 2014-750 Page 2 BE IT FURTHER RESOLVED, that this Council meet at 5:30 o'clock P.M., on the 8th day of September, 2014, in Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, for the purpose of hearing property owners subject to assessment and interested properties for or against the improvement, its cost, the assessment, or the boundaries of the District. Unless a property owner files objections with the Clerk at the time of the hearing on this Resolution, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to cause Notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing, objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Waterloo, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the District as approved by the Council of Waterloo, Iowa, for a sidewalk improvement, designated the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, of the type and in the location as follows: WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864 Construction of municipal sidewalk repair work, together with necessary related work, at various locations throughout the City. The exact locations are set out in detail in the preliminary assessment plat on file in the office of the City Clerk and said plat by this reference is made a part hereof. That the proposed District to be benefited and subject to assessment for the cost of such improvements is described as follows: All properties, any part of which is included within the areas located along the streets and avenues to be improved and generally described so as to include all privately owned and assessable property abutting the sidewalks to be repaired, as more particularly shown on the assessment plat on file in the City Clerk's Office. (Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864). The Council will meet at 5:30 o'clock P.M., on the 8th day of September, 2014, in Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any Resolution No. 2014-750 Page 3 lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Suzy Schares, CMC City Clerk INTRODUCED AND PROPOSED at a meeting held on the 25th day of August, 2014. _ ATTEST: Suzy Scha -es; CMC City Clerk ,,e -T'7 rnest G. Clark, Mayor Resolution No. 2014-750 Page 4 CERTIFICATE STATE OF IOWA ss. COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; and that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on the bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City Offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 25th day of August, 2014. SEAL LIZAAID Suzy Scha es, CMC City Cler Resolution No. 2014-750 Page 5 Re: WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864 STATE OF IOWA ss. COUNTY OF BLACK HAWK I, the undersigned, City Clerk of the City of Waterloo, Iowa, do hereby certify that on the 29th day of August, 2014, I deposited and mailed in the United States mails, by ordinary mail, at Waterloo, Iowa, properly stamped and addressed a copy of the "Notice To Property Owners" in the form attached hereto as follows: 1) to each and every property owner listed in the preliminary plat and schedule of assessments referred to in the Resolution of Necessity, at the address shown by the latest available records in the office of the County Auditor; and 2) in each case where the property owner's last address is known to differ from the County Auditor's records, an additional Notice was mailed to the last address known for certain sidewalk improvements proposed to be constructed in said City, as more particularly described in said notice attached hereto, to each and every property owner listed on the preliminary plat and schedule of assessments referred to in said Resolution of Necessity, as shown by the latest available records in the office of the County Auditor, whose property is subject to assessment for said proposed sidewalk improvements. If property to be assessed is shown to be in the name of more than one owner at the same mailing address, a single notice was mailed, addressed to all owners at that address: With respect to property owned by the State of Iowa, and to be assessed under the preliminary plat and schedule of assessments referred to above, I further certify that on the same date set forth above, I deposited and mailed in the United States mail at the same post office, properly stamped and addressed, a copy of the aforesaid Notice to each of the following: 1. Secretary of the Executive Council Iowa State Capitol Des Moines, IA 50319 (By ordinary mail) 2. Director of Transportation Highway Division State of Department of Transportation Ames, IA 50010 (By certified mail) A list of the property owners and their mailing address and certified mail receipts where applicable, are now on file in the official records of said City in my office. Witness my hand and the seal of said City at Waterloo, Iowa, this 25th day of August, 2014. SEAL CNS) Suzy Schaj-es, CMC City Cler Resolution No. 2014-750 Page 6 Re: WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864 STATE OF IOWA ss. COUNTY OF BLACK HAWK I, the undersigned, do hereby certify that I am now and was at the time hereinafter mentioned, the duly qualified and City Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk of said City and by full authority from said City Council, I have caused a NOTICE TO PROPERTY OWNERS of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, having general circulation in said City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on each of the following dates: September 4, 2014; and September 11, 2014 WITNESS my official signature at Waterloo, Iowa, this 25th day of August, 2014. Suzy Sc ares, CMC City Cl: rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-751 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 25th day of August, 2014. rnest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-752 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864, IN THE CITY OF WATERLOO AS SEPTEMBER 8, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 8th day of September, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day of August, 2014. Ernest G. Clark, Mayor ATTEST: Sch_ =-, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 19, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council adopt resolutions to preliminarily approve the request for the proposal document and specifications for 2014 Byrnes Tennis Center Complex Resurfacing Project, 1101 Campbell Ave, Waterloo, and to instruct the City Clerk to publish notice of hearing on proposal document, specifications, etc. and taking of bids, and to set date of bid opening as September 18, 2014 and date of hearing as September 22, 2014. Summary Statement: This project provides for resurfacing of the Byrnes Tennis Complex courts 1-6 with options on remaining courts. A copy of the proposal document and specifications are in the City Clerk's Office for your review. Expenditure Required: $48,000 (courts 1-6 estimate) Source of Funds: Funding is available from Tennis G.O. Bond funds Policy Issue: Alternative: Background Information: Tennis courts are recommended to be resurfaced every 5-6 years. Courts 1-6 were resurfaced in 2006. Courts 7-10 in 2007 and courts 11-16 in 2005. Courts 1-6 are showing the most wear. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-754 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT, IN THE CITY OF WATERLOO AS SEPTEMBER 22, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 22nd day of September, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the 2014 Byrnes Tennis Complex Resurfacing Project, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day •f August, 2014. ATTEST: Suzy Sch4re , CMC City Cle k i rnest G. Clark, ayor MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, JULY 8, 2014 GATES GOLF COURSE CLUBHOUSE 820 EAST DONALD STREET Chairman Kevin Evans called the meeting to order at 7:31 AM. Present: Kevin Evans, Nancy Bamsey, Megan Hannam, Don Huff, Julie Koch-Hoth and Brenton Shavers. Staff present: Paul Huting, Bill Bachman, Chris Dolan, Travis Nichols, Todd Derifield, Mark Gallagher and JB Bolger. Also present: Courier Reporter Tim Jamison and Councilman David Jones and Councilman Quentin Hart. Evans called for approval of the agenda. Motion by Koch-Hoth, seconded by Bamsey to approve the agenda. Ayes: All. Nays: None. Evans called for approval of the 6/3/14 meeting minutes. Motion by Koch-Hoth, seconded by Bamsey to approve the minutes. Ayes: All. Nays: None. Hannam arrived at 7:35 There is no bill listing so approval of the bills will be deferred at this meeting. Actual payments are taken to Finance Committee and City Council for their review and approval. GATES PARK MASTER PLAN - Paul presented the Gates Park Master Plan as proposed by Ritland-Kuiper Architect hired to draw up a plan to improve Gates Park. Improvements include the Soccer Field Area, Splash Pad and Shelters, Sports Court Complex and Golf Course Clubhouse. Total projected cost of the project 3.738 million. Anticipate Phase 1 would begin during the construction season of 2015. Motion by Koch-Hoth, seconded by Bamsey for a resolution to adopt this plan as the Leisure Services Master Plan for Gates Park. Ayes: All. Nays: None. STAFF UPDATES Arena — Chris Dolan Chris handed out photos of the old dehumidification unit being taken out and the new one being placed on the roof. Young Plumbing & Heating anticipates starting new unit on Thursday, July 10. Anticipate having the building set the way it should be (with dew point and humidity) before the new ice is installed in approximately 10 days. We hope to see big improvements and think it will be nice. Working with Black Hawks getting next year's schedule set - working around events at YA. The YA Committee will be meeting to set ice rates, tour the building and setting the Black Hawks Agreement. Forestry/Turf — Todd Derifield Crews have been picking up from the storm last week. Approximately 4 dozen trees were lost (including South Hills). Will get into the parks when ground dries up a little bit. Heavy equipment cannot be brought on the golf course grounds due to it being so wet. Forestry crews are climbing trees with ropes and saddles. This process is kind of a lost art, as lift trucks are used more and more. Having crew that can do this is nice. After the initial cleanup, forestry will come back later and remove the remainder of trees that lost sections — this includes about another dozen trees. A Forestry Specialist was recently hired to review public requests, organize where to go next and take care of the EAB organizational removals. Working on the Sidewalk Program with Engineering Dept. when sidewalks are being replaced because they are raised/damaged by roots of city owned trees. Forestry will evaluate the tree, evaluate the root system, recommend root pruning or tree removal or work with the engineers to pour around a tree prior to replacement of the sidewalk. It is coordination with the property owner, contractor, engineer and forestry to help maintain a nice tree and maintain a nice walk. Sports and SportsPtex — Mark Gallagher Baseball/Softball is starting to wind down. LS Crews have done a great job getting Riverfront Sports Park back in shape after the floods. It is also speaks volumes to Midwest Athletic Fields that came in a re -did all fields in recent years. June was a rough month for Swimming Pools - great Swim Lesson numbers, but Pool attendance is down. We have a letter of Intent with BH Gaming for lighting at Riverfront Sports Park # 7 and #8 (Straub). SportsPlex membership is around 1150. There will be a meeting today with On Media for a commercial pkg starting in August. Parking improvements across the street is done with 120 spots. As weather cooperates, work on the east end of the building will continue. Pavement for the parking is done, but the outdoor play area is still under construction. High School summer league continues on Sundays. First Prime Time League game was last Thursday with 600-800 in attendance. Next game is Thursday, July 10th Don Huff left at 8:00. Facilities/Projects - Travis Nichols Contractor is done at the Cedar Vista Shelter — with some landscaping by Matthias Landscaping still yet to do. Boat House Roof is done. There have been 2 floods since the last meeting. Crews have been busy non-stop pressure washing parks, playground, dugouts and Boat House. The downtown docks were lost in the recent flood. 2 sections have been located in Cedar Terrace area. Dane Complex scoreboards are all wired up working with help from the Building Maintenance Dept. Replaced the waste shoot with a larger shoot at the Dog Park. Doing general maintenance and repairs in the parks other than the flood work. It takes a couple weeks to clean up after each flood so much of the month has been flood cleanup. Golf and Downtown Area — JB Bolger JB handed out the Rounds report for June. 20 trees were lost at South Hills with the recent storm and an additional 4-5 trees will need to be taken down. Not as much damage at Iry Warren of Gates. Many compliments about the new concrete walk, retaining wall and landscaping at Gates Pro Shop. Crews prepping for the Waterloo Open. The next regular Leisure Services Commission Meeting will be held on Tuesday, August 12, 2014 in the board room at the Cedar Valley SportsPlex. Motion by Koch-Hoth, seconded by Bamsey to adjourn. Meeting adjourned at 8:15 AM. Signed this 12th day of August, 2014. Nancy Barn Secrecy Secretary AUDITOR'S COPY Board Approval Council Approval MINUTES COMMUNITY DEVELOPMENT BOARD MEETING JULY 15, 2014 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 Chairperson Jeri Thornsberry at 4:00 p.m. on Tuesday, July 15, 2014. Members present: Doreen Mingo, Maxine Tisdale, Brooke Trent, Robert Tyson, Jason Verbraken, Sajra Vunic and Chairperson Jeri Thornsberry. Also present: Rudy Jones, Community Development Director, Nancy Gulick, Community Development Coordinator; Noel Anderson, Community Planning & Development Director; Ann Northey, Administrative Secretary; Tom Lind, Council Liaison and Ellie Fulks, Four Seasons Realtors. APPROVAL OF THE AGENDA. Chairperson Thornsberry stated Board packets were mailed prior to the meeting. She noted an Amended Agenda has been distributed which includes New Business Item No. 5: Request to Forgive Loan Balance at 911 Riehl Street — Van Dyke, Owner. The Chair suggested moving this to Item No. 1 under New Business. She also requested adding: Review of new member orientation items under Discussion Items. It was moved by Brooke Trent and seconded by Maxine Tisdale to approve the Agenda as amended. Motion carried. Chairperson Thornsberry asked each member of the Board and staff to make an introduction and share a bit of information about themselves and their time in Waterloo. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON JUNE 17, 2014. The Chairman asked for changes or corrections to the minutes of the last regular meeting on May 20, 2014. It was moved by Maxine Tisdale and seconded by Jason Verbraken to approve the minutes of the regular meeting on June 17, 2014 as presented. Motion carried. C. OLD BUSINESS 1. Single Family Unit Production — Round 3 Update (Dec. 31, 2012 extended Dec. 31, 2014). Rudy Jones gave a brief review of the Single Family Unit Production projects that have been underway by Iowa Contractor Services at the Summerland site and the Van Eaton site. He noted we are working through some administrative challenges at this time. There are a couple of units left to sell at the Summerland site. Permits have been taken out for the five units at the Van Eaton site. We do have a December 31, 2014 deadline, however, and we may need to discuss some items with the developer to pick up the process. The homebuyer receives the subsidy of 25% of the appraisal price for their down payment. The appraisal is completed before the home goes on the market. Minutes July 15, 2014 Page I2 2. Single Family Unit Production — Round 4 Update (March 15, 2013 Extended April 30, 2014). Rudy Jones noted this Round consists of 20 units. Iowa Contractor Services has eight units at the Summerland site, which involves the construction of a street for the infrastructure. Skogman Homes' commitment of eight units have been built and sold at the development behind Wal-Mart. Some landscaping still remains to be completed. John Rooff's commitment of four units at the former Lincoln School site have been built and all but one is sold. This will close our Single Family New Production projects. We should have just under 90 total units, ranging in price from approximately $125,000 up to $180,000. Jason Verbraken inquired about the deadline since only five months remain. Rudy Jones indicated he will be meeting with the developers to discuss their timelines and noted the State may allow for an extension if we need it. He concluded that the State is trying to wrap up the whole flood recovery efforts and even though the single family deadline is December 31, 2014, there will still be the multi -family projects. Rudy noted, even though the State may grant an extension to the deadline, we are not encouraging this with the developers. Chairperson Thornsberry asked if any penalty would be imposed on the contractor for tying up the funds and not performing? Rudy Jones indicated if they miss the mark, they will not receive the benefits of the down payment subsidies being offered, so whatever they built they would have to market accordingly. If they chose not to build, then the city would lose the benefits of having those units with the down payment available. Rudy Jones noted that this subsidy is a big incentive for completing the projects and he plans to meet with the developers within the week. Doreen Mingo now present and introductions were initiated. 3. Neighborhood Stabilization Program — Round 3 Update (February 28, 2014). Rudy Jones gave a brief history of the Neighborhood Stabilization Program. The funds awarded to the City were to address housing from a different perspective. We have concentrated our efforts in a two block area, the 900/1000 block of Lafayette Street, and also demolished some units in the target area we have been working in with our rehabilitation program. In summary, under New Construction we have three new units built in the 900 block of Lafayette Street. One unit was rehabilitated at 1013 Lafayette and one new unit at 1019 Lafayette has just been built and completed. The dwelling at 1027 Lafayette is now being considered for rehabilitation. We sold the property at 927 Lafayette to an eligible buyer who is excited about being in the neighborhood and we are working through some call back items that needed correction. We have potential offers on 919 Lafayette and the proposed buyer at 923 Lafayette was determined to be ineligible. We have an offer on the table at 1019 Lafayette and will hopefully close within the next 30 days. Rudy Jones noted that since the houses at 919, 923 and 1019 Lafayette have not been sold, we could still get in to tour these properties if anyone is interested. These units will also receive down payment subsidies. Once these properties sell, we can reprogram those dollars back into the rehabilitation costs for 1027 Lafayette and also allow us to build another unit on the vacant corner lots that were combined at 1003/1005 Lafayette. Minutes July 15, 2014 Page 13 D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for June 2014. (Copy attached) Chairperson Thornsberry indicated the monthly rehabilitation contract report was in the Board packet. Rudy Jones mentioned our primary program focus utilizes the CDBG and HOME program funds, combined with the Lead Grant funds to remediate lead paint in our older housing stock. This report is an overview of the projects accomplished during the past month with these funding sources, as well as others. Chairperson Thornsberry reviewed the program limit caps for the Rehabilitation and Emergency Repair programs. Nancy Gulick indicated that some funds are used for match. Rudy Jones concurred that sometimes several different funding streams are combined to make a project feasible. It was moved by Sajra Vunic and seconded by Robert Tyson to endorse the Rehabilitation Contracts for June 2014. Motion carried. Rudy Jones explained we will have a new Board member orientation to review these programs. 2. Request to Forgive Loan Balance at 911 Riehl Street — Van Dyke, Owner. Rudy Jones indicated a written request was received from Shanna Van Dyke of 911 Riehl Street asking the Board to waive the policy for repayment and collection of her forgivable loan balance. Ms. Van Dyke received rehabilitation assistance in November 2010. The amount of her original forgivable loan was $34,937.00 for lead remediation work on the house. The current forgivable loan balance is now in the 4th J A/\!1/ t i t �__ 1 l t 1 (V7A Oh T .T_ ` 7_ _ Dyke 1_ year, and `F0 'o would De due in the amount of 13,9 i's.80. ivis. v ail Dyke is requesting that the Board waive this repayment policy so she may sell her home and avoid foreclosure. Rudy Jones explained Ms. Van Dyke's absence due to a family loss, however, her realtor, Ellie Fulks was present to respond to questions. Ellie Fulks, of Four Seasons Realty explained the current situation of placing Ms. Van Dyke's home on the market and suggesting a short sale to avoid foreclosure from the bank. We did receive an offer that was sufficient to pay off the first mortgage, however, the 2nd mortgage with Community Development would not be covered. Ms. Fulks noted in order to place the home on the market at the full value needed to cover both mortgages, it would not be a marketable value. The bank is requesting their payoff and this has prompted the request to forgive the balance of her forgivable loan. Rudy Jones indicated the bank is getting a hefty portion of their dollars and the realtor will receive their commission, but we will not be receiving any repayment with the current plan. Discussion occurred concerning the terms of the loan. Brooke Trent explained short sales from her experience and noted delays do occur and foreclosure can ding the credit scores of the homeowner. Ms. Trent noted a middle ground option to let the sale go through might be to sue for the $13,974.80, but yet another option might be to have the homeowner sign a Judgment By Confession statement, which the owner then confirms that she owes the $13,974.80 and a mutual repayment plan can be drawn up. Minutes July 15, 2014 Page 14 Discussion occurred concerning a payment schedule for the homeowner to negotiate and recapture a portion of the forgivable loan balance. Nancy Gulick explained that we have negotiated payment plans with other homeowners who were in breach of their mortgage when we discovered they had moved from their home before their five years expired. Chairperson Thornsberry indicated this may be a way out for the homeowner and it saves the integrity of the program, so the reputation is, we are going with you down this journey, but you are still responsible. It was moved by Brooke Trent and seconded by Maxine Tisdale, authorizing staff to work with the Real Estate Agent and the City Attorney and prepare a Judgment By Confession statement negotiating a repayment plan with Shanna Van Dyke for her forgivable loan balance of $13,974.80 on the property at 911 Riehl Street. On roll call: Brooke Trent, Maxine Tisdale, Doreen Mingo, Robert Tyson, Jason Verbraken, Sajra Vunic, Jeri Thornsberry voted Aye. Nays: None. The Chair declared the motion carried. Brooke Trent shared a concern that the homeowner may decide she would rather be foreclosed upon instead of making payments on this loan. Rudy Jones stated we will proceed to negotiate with our attorney and see if we can recapture some of these funds. 3. AcknowledgeConflict or Interest Policy. Chairperson Thornsberry read the Code of Conduct statement presented for Board review. Each Board member was asked to endorse this statement by officially signing the original document signed by Mayor Clark. The document was then signed by each Board member and Chairperson Thornsberry entertained a motion to acknowledge the policy. It was moved by Robert Tyson and seconded by Jason Verbraken to acknowledge the Conflict of Interest Policy submitted for signature. Motion carried. 4. Round 6 — Multi -Family Rental Housing Application. Rudy Jones gave some background information on the 2008 flood recovery efforts and funds available to Waterloo. He noted the city was eligible to apply even though no housing units were lost. Round 6 of the Multi -Family (Rental) Unit Production New Construction program allows the city up to two projects with a maximum allotment of $3,000,000. Training occurred a few weeks ago, with extensive guidelines for each applicant to follow. We anticipate two to four proposals may come in for review. Applications are due in our office August 8th and then the subcommittee will begin their review. Rudy noted we hope to submit two applications that will be most beneficial to the City. Board Subcommittee members are Jeri Thornsberry, Chair, Sajra Vunic, and Brooke Trent. They confirmed to meet at Carnegie Annex at 8:00 a.m. on August 11, 2014 for the first review. Rudy Jones indicated a couple council members would also be invited to attend the review process. 5. Appoint Board Secretary. Rudy Jones stated due to Ms. Jeri Thornsberry's new position as Chairperson for the Board, we would need Minutes July 15, 2014 Page 15 to appoint another member to serve as Board Secretary. Following discussion, Sajra Vunic volunteered to fill the position. E. DISCUSSION ITEMS. 1. Board Member Orientation Materials. Chairperson Thornsberry suggested the following materials would be helpful for new Board members to receive during their orientation. These documents include: 1. Program thresholds for the contracts we endorse 2. New List of Board Members 3. Code of Conduct 4. Policies and Procedures — the Housing Program Guidelines 5. Subordination Request Policy 6. Moratorium on the Waiting List 7. Excel Spreadsheet — Overview of Previous Years (Eric Johnson's spreadsheet) 8. Fiscal Year 2014 CDBG and HOME Program Allocations 9. Allocation Chart for FY2015 10. Updated Asset Requirements 11. State Statute Community Development Board Code Chapter 3 As well as any other information appropriate. Rudy Jones commented that the information can be provided to new Board members, both in hard copy or electronically. We also have a five-year plan that includes our one-year action plan for long term planning. 1Nancy uullcK 1.iiuiaied a pliotograpii ui Lii u IuIc and alter re11aUIhLQtlon work at J IL independence Avenue, noting the dramatic change to the property. On behalf of the Board, Chairperson Thornsberry congratulated Ann Northey for her 30 years of service as Administrative Secretary to the Community Development Department and Board. Homeowner evaluations were discussed and Rudy Jones indicated we are reviewing the rehabilitation timeline process. F. ADJOURN MEETING. With no further business to come before the Board, Chairperson Thornsberry adjourned the meeting. Respectfully submitted, Sajra Vunic, Board Secretary Minutes July 15, 2014 Page I6 June 2014 Contracts stone] jA11-,,,Ovi:a laL..51A lain: mlaFarrho *7..1 LIrtrs1E7 CDBG Rehab Program Nsiyis. _FECIALI5T NUWBER AO EES5`, +.E=s,R C'_.t1TR ;:: iA G47E M47.},,• ETiks. a; Jakob rAagru6sr Jan 1651 723 '."o'. erh Street Eectri .update, w BioCM. .eoo s. tidir41. rwf ToJc C.:22D'4 21,454.00 Total 21,454.00 Down Payment Assistance NAME =FECIai.-ET PUWBER ADDFESS -E'S:R L alir;i,x1;i1_iien GATE Dacia' Clar.: Cane e : i.1 15151' . ?rd St Wells Farr §'2J'2D' 4 2,220.CD Ma' �.ladcna:c Dante e ?:C 7!632 b'a. end ''leridian. .' a'27.)', 4 1,720.CD Total :,OC=.00 Emergency Repairs Program Ceti7.AC7 NAME S'ECLALIBT iUWBER ADar,ESE- 7EFNP. C,tlT j.,'0E DATE .14.1-7_T,T Total EDI Energy Efficiency Program CO!, -,"?4,.7 ,le,wE s sciia.!ST NO/SEP ADDFC5 = • R C,IJTRX•,-LF DATE Al .D_.%- Total S - HOME Rehabilitation Program CC't-aA:- 'WOE EP c`CLAUST NUWBER ADDFC55 7,E=AiP. C,trTR,A,'CA DATE .6M:..hT L,-Fter& Nor R:'?lips Mat 165-1 31C Co^ger Dow, ` tsharvE:_ spilt. fcurcatonepair.`tdail repair, ainting 5_,.. Cons:action P. 2 2.7:4 '4,cg2.CO Eeanor Sykes Mat 167: _ _.11 Cc rger iRindoeos_,ccor=_,sid ^g, floor dra ^ stairs repair ?rct'ers 2.c, 4 2 722.00 Taal $ 37424.00 Lead Grant Program ‘1,444E SPECLAUST tiUWEER ADDREss rr=2lR C72NT+.A.::70A.- GATE ASM_.. T Eiica & Jakob MMagru -r Jon 166? 723 W. h Street ToJc 5;'2`2:14 2,CCO.C13 L -her & Nora ?'illips t.'at 16E4 21C co_lger & Ccns^notion e:,223,. 4 2.550.00 Eeanor Sykes Mat 167.: 11 Co.'ger ?rct^:ens C,";4.'2:4 c.'D.i:4 -, `25.00 Total $ 16.38.5.00 Vouchers Prepared by August 18, 2014 Pauline C CITY OF WATERLOO PAYMENT VOUCHER Batch No. Keyed By: Vendor AECOM Department: Engineering Address Grant/Project Code# City & State ************************************* Invoice Date 8/12/14 Special Instructions: Submitted By INV # Qty/Unit 37462752 Est # 5 9002 A082514 Amount Description G/L Distribution $ 2,950.29 Contract # 855 Est # 5 CRS Fourth Street Bridge & Wall Repair 6/28 - 8/1/14 Total $ 2,950.29 08/18/14 Date Approved By: An Equal Opportunity/Affirmative Action Employer 412-07-7400-2161 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 2 A COM Invoice To: Date: August 6, 2 Mr. Eric Thorson Project Number: 60311495 City of Waterloo 715 Mulberry Street Invoice No: 37462752 Waterloo, Iowa 50703 Your Authorization: Professional Service Agreement Dated November 5, 2013 Fourth Street Bridge and Wall Repairs CRS Waterloo, Iowa Progress Billing: June 28, 2014 through August 1, 2014 Classification Hours Amount Senior Professional 17.00 Project Professional 49.50 CAD/GIS Operator 11.00 Senior Technician 74.00 Technician 7.50 Project Support 5.00 Direct Expenses Total Costs to Date Less Previous Billing TOTAL AMOUNT DUE $4,011.98 7,749.85 751.25 6,990.20 571.83 393.80 21.84 $20,490.75 17,540.46 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Payment voucher prepared by: Pauline Clo osson CITY OF WATERLOO 9002 PAYMENT VOUCHER A081814 Vendor Name AE COM Address City & State ******.******************************* Department: Engineering Grant/Project Code # Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 8/6/14 37462755 Est #3 Special Instructions 8/13/14 $5,142.58 Detension Basin Mod on Dry Run Creek CLOMR/LOMR Development for Hwy 20 Est No 3 City Contract # 842 6/28 - 8/1/14 TOTAL $5,142.58 Submitted By Date Approved By An Equal Opportunity/Affirmative Action Employer 409-07-5300-2103 A COM 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice Invoice To: Date: August 6, Mr. Eric Thorson Project Number: 60322218 City of Waterloo 715 Mulberry Street Invoice No: 37462755 Waterloo, Iowa 50703 Your Authorization: Professional Service Agreement Dated May 12, 2014 CLOMR/LOMR Development for Highway 20 Detention Basin Modifications on Dry Run Creek Progress Billing: June 28, 2014 through August 1, 2014 Classification Hours Amount Senior Professional 0.00 $0.00 Project Professional 0.00 0.00 Staff Professional 85.00 9,860.00 Professional 0.00 0.00 CAD/GIS Operator 0.00 0.00 Senior Technician 0.00 0.00 Technician 0.00 0.00 Project Support 3.25 251.21 Direct Expenses 0.00 Total Costs to Date $10,111.21 Less Previous Billing 4,968.63 TOTAL AMOUNT DUE $5,142.58 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Voucher prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A082514 Augus 18, 2014 82 Batch No. Keyed By: Vendor Aspro Engineering Department Address Grant/Project Code # 07 STR City & State ********..******************.********** Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 8/1/14 9 $587,611.69 F.Y. 2014 Street Reconstruction Program 205-07-7500-2165 Contract #859 7/29 - 8/11/14 520-14-5200-2163 88,591.63 Storm Wtr Sewer Bond Fund Est No. 9 Special Instruc Submitted By Total $ 676,203.32 8/18/14 Date Approved By: DATE An Equal Opportunity/Affirmative Action Employer F.Y. 2014 STREET RECONSTRUCTION PROGRAM --- CONTRACT NO. 859 PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29- AUGUST 11, 2014 MAGNOLIA E SAN MARNAN BID ITEM DESCRIPTION UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ DIVISION I BASE BID - SECTION I 1 CONSTRUCT, MAINTAIN, REMOVE TEMPORARY ACCESS AND RESTORE SY $59.40 0.0 0.0 58.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 58.0 $3,445.20 2 MISC. PCC, 9", C-4 SY $69.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 3 REMOVE AND REPLACE MISC. 7.5" HMA SY $140.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 4 REMOVE AND REPLACE MISC. 9.0" HMA SY $97.80 0.0_ 56.4 0.0 0.0_ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 56.4 $5,515.92 5 REMOVE AND REPLACE MISC. 7" PCC, C-4 SY $75.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 6 REMOVE/REPLACE MISC. SEALCOAT W/ 2" HMA SY $42.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 7 ACC DRIVEWAY APPROACH TON $190.00 0.0 _ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 8 DRIVEWAY APPROACH 6.5" ACC TON $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 9 DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY $44.75 0.0 0.0 57.8 0.0 139.1 0.0 22.2 0.0 0.0 0.0 0.0 219.1 $9,804.73 10 DRIVEWAY APPROACH AND S/W, 5" PCC, C-4 SY $43.75 0.0 24.2 361.8 0.0 266.1 320.3 21.8 0.0 0.0 0.0 0.0 994.2 $43,496.25 11 SIDEWALK, 4" PCC, C-4 SY $42.50 0.0 16.5 5.3 0.0 189.6 0.0 10.5 0.0 0.0 0.0 0.0 221.9 $9,430.75 12 PEDESTRIAN RAMP, PCC SIDEWALK, 6" PCC, C-4 SY $46.00 0.0 4.8 34.1 0.0 83.4 0.0 56.0 0.0 0.0 0.0 0.0 178.3 $8,201.80 13 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SF $37.00 0.0 8.0 48.0 0.0 164.0 0.0 86.0 0.0 0.0 0.0 0.0 306.0 $11,322.00 14 SIDEWALK CURB SECTION LF $35.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 15 MISCELLANEOUS CONCRETE CY $800.00 0.00 0.00 0.00 0.00_ 0.11 0.00 0.00 0.00 0.00 0.00 0.00 0.11 $88.00 16 CONCRETE PAVEMENT REMOVAL SY $4.25 4355.7 5142.4 4453.7 0.0 8962.2 0.0 9358.8 0.0 0.0 0.0 0.0_ 32,272.8 $137,159.40 17 ASPHALT PAVEMENT REMOVAL SY $4.25 0.0 0.0 0.0 0.0 0.0 3708.9 0.0 0.0 0.0 0.0 0.0 3,708.9 $15,762.83 18 SIDEWALK AND DRIVEWAY REMOVAL SY $4.25 405.6 439.9 671.9 0.0 318.9 302.9 262.3, 0.0 0.0 0.0 0.0 2,401.5 $10,206.38 19 SIDEWALK REMOVAL SY $6.50 0.0 0.0 5.2 0.0 190.6 0.0 11.0 0.0 0.0 0.0 0.0 206.8 $1,344.20 20 SAW CUT LF $4.40 175.0 252.5 93.0 0.0 137.0 155.0 320.0 0.0 0.0 0.0 0.0 1,132.5 $4,983.00 21 GEOGRID SY $4.50 0.0 0.0 0.0 0.0 0.0 0.0 355.3 0.0 0.0 0.0 0.0 355.3 $1,598.85 22 WOVEN GEOTEXTILE SY $4.50 1851.7 0.0 2975.0 0.0 5221.3 0.0 0.0 0.0 0.0 0.0 0.0 10,048.0 $45,216.00 23 MODIFIED SUBBASE TON $22.00 1,371.15 639.64 2,562.96 0.00 4,774.11 1,922.63 5,083.71 0.00 0.00 0.00 0.00 16,354.20 $359,792.40 24 RECYLED ASPHALT PAVING TON $48.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 25 ROADSTONE, 3/4" TON $48.00 0.00 8.04 7.34 0.00 0.00 0.00 13.34 0.00 0.00 0.00 0.00 28.72 $1,378.56 26 DRAIN TILE, 6" LF $8.95 1020.0 593.0 1592.0 0.0 3017.0 1824.0 3565.0 0.0 0.0 0.0 0.0 11,611.0 $103,918.45 27 DRAIN TILE, 4" LF $7.40 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 28 DRAIN TILE STUB, 4" LF $17.40 45.0 55.0 110.0 0.0 220.0 125.0 265.0 0.0 0.0 0.0 0.0 820.0 $14,268.00 29 DRAIN TILE TAP AND COLLAR EACH $650.00 2.0 0.0 0.0 0.0 1.0 10.0 0.0 0.0 0.0 0.0 0.0 13.0 $8,450.00 30 RF -19C, INLET OUTLET DETAIL (RODENT GUARD) EACH $285.00 2.0 8.0 4.0 0.0 10.0 14.0 24.0 0.0 0.0 0.0 0.0 62.0 $17,670.00 31 CONVERT WATER VALVE MANHOLE TO ROADBOX EACH $525.00 0.0 0.0 0.0 0.0 1.0 0.0 7.0 0.0 0.0 0.0 0.0 8.0 $4,200.00 32 WATER SERVICE CORPORATION, 3/4" EACH $50.50 0.0 9.0 0.0 0.0 2.0 0.0 1.0, 0.0 0.0 0.0 0.0 12.0 $606.00 33 WATER SERVICE CURB STOP, 3/4" EACH $155.00 0.0 9.0 5.0 0.0 3.0 0.0 15.0 0.0 0.0 0.0 0.0 32.0 $4,960.00 34 WATER SERVICE PAVE BOX, 3/4" EACH $155.00 0.0 24.0 3.0 0.0 4.0 0.0 17.0 0.0 0.0 0.0 0.0 48.0 $7,440.00 35 COPPER WATER SERVICE, 3/4" LF $22.60 0.0 949.0 0.0 0.0 63.0 0.0 554.0 0.0 0.0 0.0 0.0 1,566.0 $35,391.60 36 WATER SERVICE CORPORATION, 1" EACH $54.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 37 WATER SERVICE CURB STOP, 1" EACH $205.00 0.0 2.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $615.00 38 WATER SERVICE PAVE BOX, 1" EACH $205.00 0.0 2.0 0.0 0.0 1.0 0.0 0.0 0.0 1.0 0.0 0.0 4.0 $820.00 39 COPPER WATER SERVICE, 1" LF $24.20 0.0 18.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 68.0 $1,645.60 40 WATER SERVICE KILL EACH $385.00 4.0 1.0 0.0 0.0 5.0 0.0 2.0 0.0 0.0 0.0 0.0 12.0 $4,620.00 41 WATER SERVICE TAP, 3/4" OR 1" EACH $115.00 0.0 8.0 0.0 0.0 2.0 0.0 1.0 0.0 0.0 0.0 0.0 11.0 $1,265.00 42 LOWER WATER SERVICE, 3/4" OR 1" EACH $775.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 1.0 $775.00 43 UNDERGROUND INVESTIGATION -WATER EACH $335.00 1.0 0.0 0.0 0.0 6.0 0.0 6.0 0.0 1.0 0.0 0.0 14.0 $4,690.00 44 LOWER WATER SERVICE, 3/4", DOWNING AVENUE LF $24.15 0.0 0.0 310.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 310.0 $7,486.50 45 TOPSOIL, 4" SY $16.75 - 0.0 198.7 382.8 0.0 0.0 367.5 418.9 0.0 0.0 0.0 0.0 1,367.9 $22,912.33 46 HYDROSEED SY $3.10 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 47 TOPSOIL REMOVAL FROM PARKING, EARTHWORK SY $10.40 0.0 0.0 0.0 0.0 1236.6 0.0 1076.4 0.0 0.0 0.0 0.0 2,313.0 $24,055.20 48 CONSTRUCTION SURVEY LS $64,175.00 0.020 0.100 0.090 0.000 0.150 0.040 0.170 0.000 0.000 0.000 0.000 0.570 $36,579.75 49 TRAFFIC CONTROL LS $52,000.00 0.020 0.100 0.090 0.000 0.150 0.040 0.170 0.000 0.000 0.000 0.000 0.570 $29,640.00 50 DETOUR ROUTE - BERTCH ST. LS $3,000.00 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,000.00 51 DETOUR ROUTE - DOWNING AVE. LS $3,000.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,000.00 52 DETOUR ROUTE - LAFAYETTE ST. LS $3,000.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $3,000.00 53 DETOUR ROUTE - HAMMOND AVE. LS $3,000.00 0.0 0.0 0.0 0.0 0.5 0.0 0.0 0.0 0.0 0.0 0.0 0.5 $1,500.00 54 DETOUR ROUTE - MITCHELL AVE. LS $3,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 55 DETOUR ROUTE - EASTON AVE. LS $3,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 56 PERMANENT URBAN ROAD CLOSURE BARRICADE LS $1,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 57 PAINTED PAVEMENT MARKING, WATER BASED STA $50.00 0.000 0.000 0.000 0.000 0.000 0.000 19.080 0.000 0.000 0.000 0.000 19.080 $954.00 58 PAVEMENT MARKING, SYMBOL OR LEGEND EACH $260.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 59 RELOCATE STREET LIGHT EACH $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 60 ROLLED EROSION CONTROL PRODUCT S.Y. $6.70 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 TOTAL BASE BID - DIVISION I SECTION I - - $1,012,208.68 Page - 1 8/15/2014 3:46 PM F.Y. 2014 STREET RECONSTRUCTION PROGRAM --- CONTRACT NO. 859 PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29- AUGUST 11, 2014 MAGNOLIA E SAN MARNAN UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL DIVISION I BASE BID - SECTION II UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 61 STORM SEWER, 2000D, 42" LF $95.85 0.0 1388.0 256.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1,644.0 $157,577.40 62 STORM SEWER, 2000D, 36" LF $75.55 0.0 388.0 118.0 0.0 56.0 0.0 0.0 0.0 0.0 0.0 0.0 562.0 $42,459.10 63 STORM SEWER, 2000D, 24" LF $56.20 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 64 STORM SEWER, 2000D, 18" LF $41.90 0.0 0.0 0.0 0.0 0.0 14.0 0.0 0.0 0.0 0.0 0.0 14.0 $586.60 65 STORM SEWER, 2000D, 15" LF $37.75 0.0 67.0 0.0 0.0 0.0 31.0 34.0 0.0 0.0 0.0 0.0 132.0 $4,983.00 66 STORM SEWER, 2000D, 12" LF $36.20 0.0 114.0 43.5 0.0 204.5 40.0 464.5 0.0 0.0 0.0 0.0 866.5 $31,367.30 67 STORM MANHOLE, TYPE A, 48" EACH $3,705.00 0.0 0.0 - 0:0 0.0 3.0 5.0 4.0 0.0 0.0 0.0 0.0 12.0 $44,460.00 68 STORM MANHOLE, TYPE A, 60" EACH $4,520.00 0.0 2.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $13,560.00 69 SW -402 RECTANGULAR STORM MANHOLE EACH $4,500.00 0.0 5.0 1.0 0.0 1.0 0.0 1.0 0.0 0.0 0.0 0.0 8.0 $36,000.00 70 SW -403 RECTANGULAR STORM MANHOLE EACH $4,750.00 0.0 2.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $14,250.00 71 REMOVE EXISTING STRUCTURE EACH $525.00 0.0 3.0 4.0 0.0 9.0 7.0 11.0 0.0 0.0 0.0 0.0 34.0 $17,850.00 72 REMOVE STORM SEWER PIPE LESS THAN 36" LF $9.30 0.0 34.0 25.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 59.0 $548.70 73 TYPE E -1-C INLET EACH $2,400.00 0.0 3.0 5.0 0.0 2.0 2.0 14.0 0.0 0.0 0.0 0.0 26.0 $62,400.00 74 TYPE E -2-C INLET EACH $3,295.00 0.0 7.0 0.0 0.0 5.0 0.0 0.0 0.0 0.0 0.0 0.0 12.0 $39,540.00 75 TYPE E -3-C INLET EACH $4,295.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 76 TRENCH DRAIN LF $205.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 77 TYPE E -1-C INLET, MODIFIED EACH $3,805.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $3,805.00 78 TYPE E -2-C INLET, MODIFIED EACH $4,835.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 79 REM/REPL INLET BOXOUT, E -1-C EACH $1,035.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 80 REM/REPL INLET BOXOUT, E -2-C EACH $1,140.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 81 TAP AND COLLAR STRUCTURE OR PIPE EACH $1,315.00 0.0 0.0 1.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 0.0 4.0 $5,260.00 82 TAP AND COLLAR DRY RUN ARCH EACH $7,000.00 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $7,000.00 83 INSULATE EXISTING COPPER WATER SERVICE EACH $765.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 84 FURNISH AND INSTALL MANHOLE RING AND COVER EACH $875.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 85 STORM WATER PROTECTION FOR STRUCTURES EACH $460.00 2.0 0.0 0.0 0.0 16.0 12.0 20.0 0.0 0.0 0.0 0.0 50.0 $23,000.00 86 IN LINE CHECK VALVE FOR 42" RCP, FURNISH AND INSTALL EACH $16,000.00 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $16,000.00 TOTAL BASE BID - DIVISION I SECTION II $520,647.10 MAGNOLIA E SAN MARNAN BID ITEM DESCRIPTION UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL DIVISION I BASE BID - SECTION III UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 87 RECONSTRUCT SANITARY SEWER, 24" LF $95.00 0.0 308.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 308.0 $29,260.00 88 RECONSTRUCT SANITARY SEWER, 21" LF $190.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 89 RECONSTRUCT SANITARY SEWER, 18" LF $82.00 0.0 0.0 0.0 0.0 38.0 0.0 592.0 0.0 0.0 0.0 0.0 630.0 $51,660.00 90 RECONSTRUCT SANITARY SEWER, 15" LF $78.00 0.0 0.0 0.0 0.0 663.0 0.0 270.5 0.0 0.0 0.0 0.0 933.5 $72,813.00 91 RECONSTRUCT SANITARY SEWER, 12" LF $69.00 495.0 0.0 1243.5 0.0 185.0 0.0 881.5 0.0 0.0 0.0 0.0 2,805.0 $193,545.00 92 RECONSTRUCT SANITARY SEWER, 10" LF $65.00 0.0 0.0 22.0 0.0 373.0 0.0 0.0 0.0 0.0 0.0 0.0 395.0 $25,675.00 93 RECONSTRUCT SANITARY SEWER, 8" LF $55.00 725.0 47.5 73.0 0.0 903.0 0.0 27.0 0.0 0.0 0.0 0.0 1,775.5 $97,652.50 94 REMOVE AND REPLACE SANITARY SEWER, 8" LF $105:00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 95 SANITARY SEWER SERVICE, 6" LF $45.85 432.0 205.2 488.0 0.0 1131.0 0.0 1229.0 0.0 0.0 0.0 0.0 3,485.2 $159,796.42 96 STANDARD SANITARY MANHOLE, 48" EACH $4,350.00 3.0 1.0 3.0 0.0 8.0 0.0 6.0 0.0 0.0 0.0 0.0 21.0 $91,350.00 97 STANDARD SANITARY DROP MANHOLE, 48" EACH $6,500.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $6,500.00 98 REMOVE EXISTING STRUCTURE, SANITARY MANHOLE EACH $650.00 1.0 2.0 6.0 0.0 8.0 0.0 6.0 0.0 0.0 0.0 0.0 23.0 $14,950.00 99 REMOVE SANITARY SEWER, 8" LF $35.00 0.0 308.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 308.0 $10,780.00 100 TAP AND COLLAR DRY RUN ARCH EACH $0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 101 TAP AND COLLAR STRUCTURE OR PIPE EACH $1,900.00 0.0 1.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $5,700.00 102 FURNISH AND INSTALL MANHOLE RING AND COVER EACH $875.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 103 TRACE SANITARY SEWER SERVICE EACH $410.00 4.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 $1,640.00 104 DYE TEST INVESTIGATION EACH $180.00 0.0 0.0 0.0 0.0 10.0 0.0 7.0 0.0 0.0 0.0 0.0 17.0 $3,060.00 105 UNDERGROUND INVESTIGATION -SANITARY EACH $425.00 3.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 $1,700.00 TOTAL BASE BID - DIVISION I SECTION III $766,081.92 Page - 2 8/15/2014 3:46 PM F.Y. 2014 STREET RECONSTRUCTION PROGRAM --- CONTRACT NO. 859 PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29- AUGUST 11, 2014 MAGNOLIA E SAN MARNAN UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL DIVISION I BASE BID - SECTION IV - STORM SEWER IN ALLEYS UNIT $ QTY QTY QTY QTY QTY _ QTY QTY QTY QTY QTY QTY QTY 106 SAWING LF $5.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 107 SIDEWALK AND DRIVEWAY REMOVAL SY $6.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 108 REMOVE AND REPLACE MISC. 4.5" HMA OVER 6" PCC, M-4 SY $143.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 109 ALLEY OR DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY $44.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 110 DRIVEWAY APPROACH 5" PCC, C-4 SY $43.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 111 TAP AND COLLAR STORM MANHOLE EACH $1,315.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 112 SW -511 RECTANGULAR AREA INTAKE EACH $2,915.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 113 TYPE E -2-C INLET EACH $3,295.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 114 STORM SEWER, 2000D, 12" LF $37.05 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 115 FLARED END SECTION, 2000D, 12" EACH $1,315.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 116 CONSTRUCTION SURVEY LS $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 117 EXCAVATION/GRADING SY $8.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 118 RECYLED ASPHALT PAVING TON $48.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 119 TRAFFIC CONTROL LS $2,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 TOTAL BASE BID - DIVISION I SECTION IV $0.00 MAGNOLIA E SAN MARNAN UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL DIVISION I BASE BID - SECTION V - SIDEWALK INFILL UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY 120 SIDEWALK, 4" PCC, C-4 SY $42.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 121 SIDEWALK, 5" PCC, C-4 SY $43.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 122 EXCAVATION FOR NEW SIDEWALK SY $15.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 TOTAL BASE BID - DIVISION I SECTION V $0.00 TOTAL BASE BID $2,298,937.70 MAGNOLIA E SAN MARNAN BID ITEM DESCRIPTION UNIT ASPRO ALLEN BERTCH DOWNING EASTON HAMMOND HYPERION LAFAYETTE OREGON MITCHELL ALLEY AT SOVIA DR TOTAL TOTAL ALTERNATE A UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 1A 2", HMA 1M S 1/2", 60% CR SY $10.70 0.0 945.3 0.0 0.0 0.0 3280.1 0.0 0.0 0.0 0.0 0.0 4,225.4 $45,211.78 2A 2 1/2", HMA 1M I 3/4", 60% CR SY $11.50 0.0 945.3 0.0 0.0 0.0 3280.1 0.0 0.0 0.0 0.0 0.0 4,225.4 $48,592.10 3A 3", HMA 1M B 3/4", 60% CR SY $13.55 0.0 945.3 0.0 0.0 0.0 3280.1 0.0 0.0 0.0 0.0 0.0 4,225.4 $57,254.17 4A 2", HMA 3M S 1/2", 75% CR SY $10.75 0.0 0.0 2389.1 0.0 4682.3 0.0 3367.0 0.0 0.0 0.0 0.0 10,438.4 $112,212.80 5A 4", HMA 3M I 3/4", 75% CR SY $18.95 0.0 0.0 2389.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2,389.1 $45,273.45 6A 5 1/2", HMA 3M I 3/4", 75% CR SY $25.85 0.0 0.0 0.0 0.0 4682.3 0.0 3367.0 0.0 0.0 0.0 0.0 8,049.3 $208,074.41 7A 3", HMA 3M B 3/4", 75% CR SY $13.60 0.0 0.0 2389.1 0.0 4682.3 0.0 3367.0 0.0 0.0 0.0 0.0 10,438.4 $141,962.24 BA CURB AND GUTTER, PCC, C-4, 24" WIDE, 7 1/2" THICK LF $12.75 1017.0 591.0 0.0 0.0 0.0 1976.0 0.0 0.0 0.0 0.0 0.0 3,584.0 $45,696.00 9A CURB AND GUTTER, PCC, C-4, 24" WIDE, 9" THICK LF $14.25 0.0 0.0 1596.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1,596.0 $22,743.00 l0A CURB AND GUTTER, PCC, C-4, 24" WIDE, 10.5" THICK LF $15.50 0.0 0.0 0.0 0.0 2841.0 0.0 1468.0 0.0 0.0 0.0 0.0 4,309.0 $66,789.50 11A COLD WEATHER CONCRETE PROTECTION - SY $3.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 12A LINSEED OIL TREATMENT SY $4.10 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 13A PAVEMENT SCARIFICATION SY $10.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 14A PAVEMENT SAMPLES AND TESTING LS $5,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 15A EXCAVATION CY $10.50 651.3 333.3 1108.3 0.0 2380.0 912.8 1616.5 0.0 0.0 0.0 0.0 7,002.2 $73,523.10 16A SPEED HUMP, PER DETAIL LS $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 TOTAL ALTERNATE A $867,332.54 Page - 3 8/15/2014 3:46 PM F.Y. 2014 STREET RECONSTRUCTION PRO_ GRAM --- CONTRACT NO. 859 j PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29- AUGUST 11, 2014 DIVISION II - WATER MAIN ITEM DESCRIPTION ASPRO PLAN THIS PERIOD PREVIOUS TOTAL UNIT UNIT $ QTY QTY OTY QTY TOTAL COST 1 Ductile Iron water main, 6-inch dia., Class 52 LF $55.64 660.0 0 2 Ductite iron water main removal 0 0 $0.00 3 Gate valve and box, 6-inch dia. LF $11.35 660.0 0 0 0 $0.00 4 Tee, 6-Inch x 6-inch dia. EACH $1,600.00 2.0 0 0 0 $0.00 5 Sleeve, 6-Inch dia. EACH $404.00 1.0 0 0 0 $0.00 6 Megalugs, 6-inch dia. EACH $273.00 1.0 0 0 0 $0.00 7 Concrete blocking EACH $135.00 6.0 0 0 0 $0.00 EACH $395.00 1.0 0 0 0 $0.00 8 9 Hydrant assembly EACH $4,995.00 2.0 0 0 •0 $0.00 Hydrant removal EACH $725.00 1.0 0 0 10 Reconnect Hydrant Assembly to 6" X 6" Tee 0 $0.00 11 Temporary EACH $1,130.00 1.0 0 0 0 $0.00 PVC water main Removal of temporary PVC LF $21.25 702.0 0 0 0 $0.00 12 surface water main connections to ductile iron water main EACH $1,695.00 1.0 01 0 0 $0.00 TOTAL DIV II 13 14 3/4" short side water services 3/4" long EACH $1,185.00 5.0 0 0 0 $0.00 LESS 5% RETAINAGE $0.00 $0.00 15 side water services 2" ton. EACH $1,800.00 8.0 0 0 0 $0.00 SUBTOTAL $0.00 16 side water services Drive over for temporary EACH f $3,090.00 1.0 0 0 0 $0.00 LESS AMOUNT PREY PAID $0.00 protection PVC water main EACH $785.00 1.0 0 0 0 $0.00 AMOUNT DUE THIS ESTIMA) $0.00 17 Remove inactive pave box and abandon water service line stub In EACH $140.00 6.0 0 0 0 $0.00 place Total estimated amount-Division II $0.00 TOTAL BASE BID SECTIONS I + II + ALTERNATE A DIVISION II SUB TOTAL BASE $2,400,188.32 BID SECTIONS I + ZI + ALTERNATE A + DIVISION II LESS $0.00 RETAINAGE SUBTOTAL $2,400,188.32 LESS $120,009.42 AMOUNT PREVIOUSLY PAID TOTAL BASE BID $2,280,178.90 SECTIONS I + II + ALTERNATE A +DIVISION II (LOCAL OPTIONS FUNDS) 1 $1,692,567.22 I $587,611.69 TOTAL BASE BID SECTION III LESS 5% RETAINAGE $766,081.92 SUBTOTAL LESS AMOUNT $38,304.10 PREVIOUSLY PAID TOTAL BASE $727,777.82 BID SECTION III (SEWER FUNDS) $639,186.19 $88,591.63 TOTAL BASE BID SECTION IV LESS RETAINAGE - $0.00 SUBTOTAL $0.00 LESS AMOUNT PREVIOUSLY PAID $0.00 TOTAL BASE BID SECTION IV (STORM SEWER BOND FUNDS) $0.00 • arir $0.00 lir if, APPRO .' i g•t' • . I = -IES D iiii; I APPR . ,' /'WrTERLe4.WA D BY: CI DATE Page -4 8/15/2014 (c7 )2-03%; 3:52 PM Prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A082514 August 18, 2014 Vendor 82 Batch No. Keyed By: Vendor Aspro Engineering Department Address Grant/Project Code # City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 08/01/14 24 Special Instructions: Contract 832 Est No.23 $69,110.92 F.Y. 2013 Street Reconstruction Program 205-07-7500-2165 0.00 Storm Water Fee Funds 521-07-5300-2162 29,544.53 Sewer Funds 520-14-5200-2163 - Storm Sewer Bond Funds 411-07-5300-2162 - Change Order # 5 Sport Plex 413-08-5150-1396 7/29 -8/11-14 Total $98,655.45 8/18/174 Date Approved By: r. T . Lill., J I Ktt I Kt(ONSTRUCTION PROGRAM - CONTRACT NO. 832 PAY ESTIMATE NO. 24- PAY PERIOD: JULY 29 - AUGUST 11, 2014 BID ITEM CAMPBELL FAIRVIEW DESCRIPTION UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY DIVISION UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY ALLEY TOTAL TOTAL 1 I BASE BID - SECTION I CONSTRUCT, DIY QTY $ 2 MAINTAIN, REMOVE TEMPORARY ACCESS AND RE MISC. SY $59.40 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 125.0 0.0 20.0 0.0 3 HMA, 3", 1M S 1/2", 60% CR REMOVE SY $48.50 0.0 0.0 0.0 0.0 0.0 0.0 15.9 0.0 0.0 0.0 363.8 0.0 0.0 145.0 $8613.00 4 AND REPLACE MISC. 7.5" HMA REMOVE SY $101.25 0.0 0.0 0.0 0.0 0.0 0.0 118.1 0.0 0.0 0.0 95.4 0.0 0.0 379.7 $18,415.45 5 AND REPLACE MISC. 6" PCC, C-4 REMOVE AND REPLACE SY $80.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 213.5 $21,616.88 MISC. 4" HMA OVER 6" PCC, M-4 SY $130.85 0.0 31.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 31.6 $0.00 $4,134.86 6 7 REMOVE AND REPLACE MISC. 4.5" HMA OVER 6" PCC, C-4 SY $135.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8 REMOVE AND REPLACE MISC. 4.5" HMA OVER 7" PCC, M-4 REMOVE/REPLACE SY $135.75 0.0 0.0 0.0 0.0 0.0 47.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 9 MISC. SEALCOAT W/ 2" HMA ACC DRIVEWAY SY $42.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 47.0 $6,380.25 10 APPROACH DRIVEWAY TON $165.00 0.0 0.0 0.0 0.0 0.0 0.0 39.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 11 APPROACH AND S/W, 6" PCC, C-4 DRIVEWAY SY $44.00 0.0 27.1 0.0 51.4 9.9 14.3 806.0 0.0 28.8 0.0 606.5 0.0 0.0 39.0 $6,435.00 12 APPROACH AND SIW, 5" PCC, C-4 SIDEWALK, 4" PCC, SY $43.25 0.0 189.0 597.3 266.7 282.6 100.8 68.5 0.0 347.5 188.2 0.0 0.0 0.0 0.0 1,544.0 2,040.6 $67,936.00 13 C-4 PEDESTRIAN SY $42.00 0.0 138.5 68.2 26.1 87.3 41.1 152.1 0.0 332.0 49.4 0.0 10.0 $88,255.95 14 RAMP, PCC SIDEWALK, 6" PCC, C-4 SY SF $45.40 $34.00 0.0 0.0 98.8 152.0 128.8 188.0 0.0 0.0 46.9 88.0 0.0 0.0 251.5 262.0 0.0 0.0 35.9 58.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 904.7 561.9 $37,997.40 $25,510.26 15 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE MISCELLANEOUS 16 CONCRETE CONCRETE CY $275.00 0.00 0.00 0.00 0.00 0.00 1.59 0.00 0.00 0.00 1.84 0.00 0.00 0.0 748.0 $25,432.00 17 PAVEMENT REMOVAL ASPHALT SY $4.25 0.0 0.0 4627.7 1658.0 5149.7 2403.2 11487.3 0.0 4.4 2474.1 9508.5 0.0 0.00 3.43 $943.25 18 PAVEMENT REMOVAL SIDEWALK SY $4.25 321.5 4925.9 0.0 0.0 0.0 0.0 0.0 0.0 6528.2 0.0 0.0 0.0 0.0 37,312.9 $158,579.83 AND DRIVEWAY REMOVAL SY $4.25 63.0 289.1 665.6 302.1 348.5 215.0 932.3 0.0 731.0 214.8 0.0 604.9 2.8 0.0 0.0 0.0 0.0 11,775.6 4,366.3 $50,046.30 $18,556.78 19 20 SIDEWALK REMOVAL SAW SY $6.00 0.0 120.9 71.3 14.0 55.9 16.9 159.8 0.0 18.6 21 CUT GEOGRID LF $4.25 129.0 202.5 325.0 50.0 95.0 321.5 402.0 0.0 165.0 27.0 903.5 0.0 0.0 0.0 460.2 2,620.5 $2,761.20 22 WOVEN GEOTEXTILE SY $4.50 0.0 0.0 1227.0 0.0 0.0 0.0 0.0 0.0 3901.4 0.0 12399.3 0.0 $11,137.13 23 MODIFIED SY $4.50 0.0 0.0 3252.8 0.0 0.0 0.0 0.0 0.0 0.0 2616.6 0.0 0.0 0.0 17,527.7 $78,874.65 SUBBASE TON $22.00 0.00 2599.48 3434.78 961.99 3448.21 1385.72 7257.39 0.00 2905.93 1908.49 7336.36 0.00 0.0 0.00 5,869.4 31238.35 $26,412.30 $687,243.70 24 RECYLED ASPHALT PAVING TON $48.00 0.0 0.0 0.0 0.0 0.0 0.00 25 26 ROADSTONE, 3/4" DRAIN TILE, TON $48.00 0.00 0.00 2.57 14.47 0.0 10.87 0.0 0.00, 0.0 9.42 0.0 0.00 0.0 0.00 0.0 8.74 0.0 0.00 0.0 0.0 $0.00 27 6" DRAIN TILE, LF $9.90 0.0 2446.0 2444.0 1204.0 2750.0 1172.0 4496.0 0.0 3335.0 1764.0 0.0 0.0 0.00 46.07 $2,211.36 28 4" DRAIN LF $8.45 0.0 0.0 306.0 0.0 75.0 54.0 890.0 0.0 143.0 0.0 5217.0 0.0 19,611.0 $194,148.90 29 TILE STUB, 4" DRAIN TILE TAP LF $19.40 0.0 175.0 205.0 95.0 235.0 75.0 140.0 0.0 119.0 135.0 0.0 0.0 0.0 0.0 6,685.0 $56,488.25 30 AND COLLAR RF EACH $200.00 0.0 1.0 0.0 0.0 7.0 0.0 1.0 0.0 3.0 2.0 6.0 0.0 1,179.0 $22,872.60 -19C, INLET OUTLET DETAIL RODENT GUARD EACH $105.00 0.0 14.0 4.0 4.0 0.0 8.0 36.0 0.0 17.0 10.0 9.0 0.0 0.0 0.0 0.0 20.0 102.0 $4,000.00 $10,710.00 31 32 CONVERT WATER VALVE MANHOLE TO ROADBOX WATER EACH $510.00 0.0 4.0 2.0 1.0 3.0 4.0 4.0 0.0 0.0 1.0 0.0 0.0 33 SERVICE CORPORATION, 3/4" WATER EACH $49.00 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 19.0 $9,690.00 34 SERVICE CURB STOP, 3/4" WATER EACH $150.00 0.0 0.0 0.0 2.0 1.0 0.0 7.0 0.0 0.0 0.0 0.0 0.0 3.0 $147.00 35 SERVICE PAVE BOX, 3/4" EACH $150.00 0.0 0.0 0.0 2.0 1.0 0.0 7.0 0.0 0.0 0.0 0.0 0.0 10.0 $1,500.00 36 COPPER WATER SERVICE, 3/4" WATER LF $21.95 0.0 0.0 0.0 30.0 20.0 0.0 115.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 $1,500.00 SERVICE CORPORATION, 1" WATER SERVICE CURB STOP, 1" WATER EACH EACH $52.00 $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 165.0 0.0 $3,621.75 $0.00 37 38 39 SERVICE PAVE BOX, 1" COPPER EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 40 WATER SERVICE, 1" WATER LF $23.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 $0.00 41 SERVICE KILL WATER EACH $375.00 0.0 0.0 1.0 0.0 0.0 0.0 23.0 0.0 42 SERVICE TAP, 3/4" OR 1" LOWER EACH $110.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 25.0 $9,375.00 WATER SERVICE, 3/4" OR 1" EACH $750.00 0.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 4.0 $110.00 $3,000.00 43 6001 UNDERGROUND INVESTIGATION -WATER RENEW EACH $325.00 0.0 0.0 1.0 0.0 12.0 0.0 6.0 0.0 44 WATER SERVICE - 627 BALTIMORE ST. TOPSOIL, LS $4 950.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 20.0 $6,500.00 45 4" SY $16.75 0.0 0.0 256.9 143.5 744.5 310.6 949.5 0.0 1576.4 553.8 0.0 1.0 $4,950.00 46 TOPSOIL HYDROSEED SY $3.00 0.0 0.0 353.4 0.0 0.0 0.0 0.0 0.0 6030.2 0.0 820.0 2871.9 0.0 0.0 0.0 5,355.2 $89,699.60 47 REMOVAL FROM PARKING, EARTHWORK CONSTRUCTION SY $10.40 0.0 0.0 0.0 0.0 0.0 0.0 1917.1 0.0 0.0 0.0 0.0 0.0 0.0 9,255.5 $27,766.50 48 TRAFFIC SURVEY LS $58,000.00 0.0110 0.0900 0.0770 0.0410 0.0950 0.0770 0.2030 0.0000 0.1670 0.0680 0.0900 0.0230 0.0 1,917.1 $19,937.84 49 DETOUR CONTROL ROUTE W. 11th LS $55,000.00 0.0200 0.0500 0.1000 0.0400 0.0500 0.0500 0.2100 0.0000 0.2000 0.0500 0.1500 0.0000 0.0180 0.0000 0.9600 0.9200 $55,680.00 50 DETOUR - ST. ROUTE LS $3,000.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $50,600.00 - LAFAYETTE ST. LS $3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.0 0.00 0.0 0.00 0.0 0.00 1.0 1.00 $3,000.00 $3,000.00 51 DETOUR 52 PAINTED ROUTE - PARK LANE LS $1,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 53 PAVEMENT PAVEMENT MARKING, WATER BASED STA $50.00 0.000 0.000 3.200 0.000 0.000 0.000 83.325 2.160 0.000 0.000 3.230 0.000 0.0 1.0 $1,500.00 53A MARKING, SYMBOL OR LEGEND EACH $260.00 0.0 0.0 0.0 0.0 0.0 0.0 18.0 0.0 0.0 0.0 1.0 0.0 0.000 0.0 91.915 19.0 $4,595.75 $4,940.00 CLEARING AND GRUBBING UNITS $50.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 146.5 0.0 0.0 0.0 0.0 146.5 $7,325.00 53B ROLLED EROSION CONTROL PRODUCT S.Y. $4.00 0.0 0.0 TOTAL BASE BID - DIVISION I SECTION I 0.0 0.0 0.0 0.0 0.0 0.0 67.0 0.0 0.0 0.0 0.0 67.0 $268.00 $1,944,419.72 Page - 1 r.r. zui3 5I KtET RECONSTRUCTION PROGRAM --- CONTRACT NO. 832 - PAY'ESTIMATE'NO. 24- PAY PERIOD: JULY 29 -AUGUST 11, 2014 - CAMPBELL FAIRVIEW UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY ALLEY TOTAL 54 DIVISION I BASE BID - SECTION II UNIT $ QTY QTY QTY QTY QTY QTY QTY OTY QTY QTY OTY QTY QTY OTY TOTAL 55 STORM SEWER, 2000D, 30" LF $67.05 0.0 0.0 0.0 0.0 0.0 0.0 343.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 343.0 242.0 $ $22,998.15 56 STORM SEWER, 2000D, 24" LF $54.55 0.0 0.0 0.0 0.0 0.0 0.0 242.0 0.0 0.0 0.0 0.0 0.0 STORM SEWER, 2000D, 21" LF $49.70 0.0 30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $13,201.10 57 58 STORM SEWER, 2000D, 18" LF $40.70 0.0 29.0 0.0 118.0 5.0 429.0 515.0 0.0 0.0 36.0 0.0 0.0 0.0 0.0 30.0 1,132.0 754.5 $1,491.00 $46,072.40 59 STORM SEWER, 2000D, 15" LF $36.65 0.0 150.0 0.0 18.0 47.0 0.0 473.0 0.0 35.0 23.0 8.5 0.0 60 STORM SEWER, 2000D, 12" STORM SEWER, LF $35.15 0.0 544.0 24.0 0.0 142.0 104.0 655.0 0.0 115.5 252.0 14.0 0.0 0.0 1,850.5 $27,652.43 $65,045.08 2000D, 36" x 23" ARCH LF $86.75 0.0 0.0 0.0 0.0 0.0 0.0 621.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 621.0 23.0 $53,871.75 61 STORM SEWER, TRUSS, 8" LF $36.05 0.0 0.0 0.0 0.0 0.0 0.0 23.0 0.0 0.0 0.0 0.0 0.0 62 63 STORM MANHOLE, TYPE A, 48" EACH $3,595.00 0.0 0.0 0.0 1.0 4.0 0.0 4.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 10.0 $829.15 $35,950.00 - STORM MANHOLE, TYPE A, 72" EACH $6,500.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 64 65 SW -402 RECTANGULAR STORM MANHOLE EACH EACH $4,500.00 $4,500.00 0.0 0.0 0.0 6.0 0.0 0.0 0.0 0.0 4.0 0.0 0.0 5.0 4.0 3.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 9.0 15.0 6.0 $6,500.00 $40,500.00 $67,500.00 SW -402 RECTANGULAR STORM MANHOLE, MODIFIED 66 67 SW -507 SINGLE OPEN -THROAT CURB INTAKE, SMALL BOX EACH $3,575.00 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 3.0 0.0 0.0 SW -509 DOUBLE OPEN -THROAT CURB INTAKE, SMALL BOX EACH $4,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $21,450.00 $0.00 68 SW -512 CIRCULAR AREA INTAKE CASE 1, WITH SW -604 TYPE 9 EACH $1,900.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 69 70 RCB, PRECAST, 7' X 3' LF $439.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1567.0 0.0 0.0 0.0 0.0 0.0 1,567.0 661.0 $5,700.00 $687,913.00 71 RCB, PRECAST, 7' X 4' LF $492.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 661.0 0.0 0.0 0.0 72 WING WALL CUT OUT FOR 7'X4' RCB LS $5,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 $325,212.00 73 STORM MANHOLE ACCESS INTO RCB REMOVE EXISTING STRUCTURE EACH $1,675.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 0.0 1.0 7.0 $5,000.00 $11,725.00 74 EACH $525.00 0.0 10.0 2.0 3.0 0.0 11.0 10.0 0.0 6.0, 7.0 3.0 0.0 0.0 52.0 75 REMOVE STORM SEWER PIPE LESS THAN 36" LF $9.00 0.0 456.0 0.0 0.0 0.0 410.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 866.0 $27,300.00 76 REMOVE STORM SEWER PIPE, 42" TYPE E LF $20.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 80.0 0.0 0.0 0.0 0.0 80.0 $7,794.00 $1,600.00 77 -1-C INLET EACH $2,200.00 0.0 4.0 0.0 0.0 2.0 3.0 19.0 0.0 0.0 1.0 2.0 0.0 0.0 31.0 TYPE E -2-C INLET EACH $3,095.00 0.0 4.0 2.0 2.0 0.0 1.0 1.0 0.0 3.0 3.0 3.0 0.0 0.0 $68,200.00 78 79 TYPE E -1-C INLET, USE EXISTING CASTING TYPE EACH $1 800.00 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19.0 2.0 $58,805.00 80 81 E -2-C INLET, USE EXISTING CASTING EACH $2,895.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 4.0 0.0 0.0 0.0 0.0 5.0 $3,600.00 REM/REPL INLET BOXOUT, E -1-C EACH $1,006.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 4.0 $14,475.00 82 REM/REPL INLET BOXOUT & TOP, MODIFIED E -1-C REM/REPL INSERT AND TOP, RA -3 EACH EACH $2,950.00 $2,450.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 $4,024.00 $0.00 83 84 REM/REPL INSERT AND TOP, K-1 EACH $2,875.00 0.0 0.0 0.0 0.0 2.0 0.0, 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 $4,900.00 85 REM/REPL INSERT AND TOP, K-2 EACH $3,225.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $5,750.00 86 REM/REPL INSERT AND TOP, K-3 TAP EACH $3,600.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,225.00 87 AND COLLAR STRUCTURE OR PIPE INSULATE EXISTING COPPER WATER SERVICE EACH $1,275.00 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 0.0 4.0 $3,600.00 $5,100.00 88 89 SLOPE PROTECTION, EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 PCC, 6" SY $59.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 24.5 0.0 0.0 0.0 0.0 24.5 STORM WATER PROTECTION FOR STRUCTURES EACH $332.88 0.0 0.0 2.0 4.0 0.0 11.0 26.0 0.0 7.0 3.0 6.0 0.0 0.0 59.0 $1,445.50 2001 LOWER 6" WATER MAIN EACH $4,838.35 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 $19,639.92 TOTAL 1.0 $4,838.35 BASE BID - DIVISION I SECTION II BID ITEM CAMPBELL ALLEY QTY FAIRVIEW ALLEY QTY TOTAL $1,672,907.82 TOTAL DESCRIPTION DIVISION I BASE BID - SECTION III UNIT ASPRO UNIT $ ALABAR QTY CHARLES QTY ELEVENTH, W. QTY FOREST QTY NAO./THORNE QTY HILLSIDE LAFAYETTE QTY QTY MAYNARD QTY PARK LANE QTY ROSEBUD OTY UNIV. AVE. FR OTY 90 91 RECONSTRUCT SANITARY SEWER, 36" LF $165.00 0.0 87.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 OTY 87.0 78.0 729.0 $ $14,355.00 $11,700.00 $56,862.00 92 RECONSTRUCT SANITARY SEWER, 30" RECONSTRUCT LF $150.00 0.0 0.0 0.0 0.0 0.0 0.0 78.0 0.0 0.0 0.0 0.0 93 SANITARY SEWER, 15" RECONSTRUCT SANITARY SEWER, 12" LF LF $78.00 $69.00 0.0 0.0 0.0 816.0 0.0 0.0 0.0 0.0 0.0 710.0 0.0 729.0 0.0 474.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2,000.0 94 95 RECONSTRUCT SANITARY SEWER, 10" LF $65.00 0.0 0.0 0.0 0.0 647.0 23.0 763.5 0.0 0.0 39.0 0.0 0.0 0.0 0.0 0.0 1,472.5 $138,000.00 $95,712.50 RECONSTRUCT SANITARY SEWER, 8" LF $55.00 0.0 369.5 1396.5 459.0 0.0 851.5 580.5 0.0 0.0 784.0 0.0 96 97 REMOVE AND REPLACE SANITARY SEWER, 8" SANITARY SEWER SERVICE, 6" LF LF $65.00 $44.50 0.0 0.0 0.0 670.0 0.0 660.5 0.0 269.0 0.0 929.0 0.0 0.0 360.0 967.0 0.0 0.0 29.0 137.0 0.0 466.5 0.0 0.0 0.0 4,441.0 29.0 $244,255.00 $1,885.00 98 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4,459.0 22.0 $198,425.50 $95,700.00 98A STANDARD SANITARY MANHOLE, 48" STANDARD SANITARY DROP MANHOLE, 48" EACH EACH $4,350.00 $4,550.00 0.0 0.0 0.0 2.0 4.0 1.0 2.0 0.0 3.0 0.0 3.0 7.0 1.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 99 STANDARD 99A SANITARY DROP MANHOLE, 60" SANITARY MANHOLE, 60" EXISTING STRUCTURE, SANITARY MANHOLE SANITARY EACH EACH EACH $6,300.00 $5 825.00 $650.00 0.0 0.0 0.0 1.0 0.0 3.0 0.0 0.0 5.0 0.0 0.0 2.0 0.0 0.0 3.0 0.0 0.0 0.0 1.0 2.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 1.0 1.0 $18,200.00 $6,300.00 $5,825.00 STANDARD 100 REMOVE 101 TRACE 3.0 0.0 0.0 0.0 28.0 $18,200.00 102 DYE 103 SEWER SERVICE TEST INVESTIGATION EACH $400.00 0.0 1.0 0.0 0.0 4.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 $2,800.00 EACH $175.00 0.0 1.0 1.0 1.0 5.0 2.0 5.0 0.0 2.0 2.0 0.0 0.0 0.0 UNDERGROUND 1001 INVESTIGATION -SANITARY EACH $410.00 0.0 1.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 19.0 2.0 $3,325.00 $820.00 SANITARY SEWER SERVICE, 8", C-900, W/ COLLAR REMOVAL EACH $2,871.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 1002 SANITARY 1003 SEWER SERVICE, 8", C-900 SLEEVE EACH $176.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 0.0 1.0 $2,871.00 SANITARY 1004 TEMPORARY SEWER SERVICE 4", SDR 23.5, RELOCATE SANITARY STORM CONNECTION EACH EACH $1,328.63 $701.80 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 7.0 1.0 $1,232.00 $1,328.63 3001 0.0 0.0 0.0 0.0 LOWER EXISTING 8" SANITARY SEWER MAIN EACH $2,589.87 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 1.0 $701.80 TOTAL BASE BID - DIVISION I SECTION III 2.0 $5,179.74 Page - 2 $923,678.17 r. r. [u16 I I Rtt I RECONSTRUCTION PROGRAM - CONTRACT NO. 832 PAY ESTIMATE NO. 24- . PAY PERIOD: JULY 29 - AUGUST 11, 2014 ..CAMPBELL FAIRVIEW DIVISION UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY ALLEYTOTAL 104 I BASE BID - SECTION IV - STORM SEWER IN ALLEYS SAWING UNIT $ QTY QTY QTY QTY QTY QTY QTYQTYQTYQTY OT, QT, 105 LF $4.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 38.6 QTY QTY 106 SIDEWALK AND DRIVEWAY REMOVAL REMOVE SY $6.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 39.8 0.0 38.6 $164.05 107 AND REPLACE MISC. 3" HMA OVER 6" PCC, M-4 ALLEY SY $125.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 21.3 0.0 0.0 39.8 $238.80 108 OR DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 STORM SY $90.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 35.0 21.3 $2,662.50 109 MANHOLE, TYPE A, 48" EACH $3,595.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 35.0 1.0 $3,150.00 $3,595.00 110 SW -511 RECTANGULAR AREA INTAKE EACH $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 111 STORM SEWER, 20000, 12" EXCAVATION/GRADING LF $35.95 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 183.0 1.0 2.0 $5,000.00 112 RECYLED SY $8.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 137.6 128.0 311.0 $11,180.45 113 ASPHALT PAVING TRAFFIC TON $48.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 39.66 130.0 7.77 267.6 $2,140.80 CONTROL TOTAL BASE BID LS $1,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.5 47.43 1.0 $2,276.64 - DIVISION I SECTION IV $1,500.00 TOTAL $31,908.24 BASE BID BID ITEM DESCRIPTION CAMPBELL FAIRVIEW $4,572,913.95 UNIT ASPRO UNIT $ ALABAR QTY CHARLES QTY ELEVENTH, W. QTY FOREST • QTY HAWTHORNE QTY HILLSIDE QTY LAFAYETTE QTY MAYNARD QTY PARK LANE QTY ROSEBUD QTY UNIV. AVE. FR QTY ALLEY QTY ALLEY TOTAL TOTAL ALTERNATE A 1A 2", QTY QTY $ 2A HMA 1M S 1/2", 60% CR SY $10.70 0.0 0.0 0.0 1392.7 4532.0 1305.4 0.0 0.0 0.0 2065.3 0.0 0.0 3A 2 1/2", HMA 1M 13/4", 60% CR 3", SY $11.50 0.0 0.0 0.0 1392.7 4532.0 1305.4 0.0 0.0 0.0 2065.3 0.0 0.0 0.0 9,295.4 $99,460.78 4A HMA 1M B 3/4", 60% CR 2", HMA SY $13.55 0.0 0.0 0.0 1397.2 4532.0 1305.4 0.0 0.0 0.0 2065.3 0.0 0.0 0.0 0.0 9,295.4 $106,897.10 5A 3M S 1/2", 75% CR 4", HMA SY $10.75 0.0 0.0 3906.0 0.0 0.0 0.0 10420.5 0.0 5760.7 0.0 8348.2 0.0 9,299.9 $126,013.65 6A 3M 13/4", 75% CR 5 SY $18.95 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5760.7 0.0 8348.2 0.0 0.0 28,435.4 $305,680.55 7A 1/2", HMA 3M I 3/4", 75% CR 3", SY $25.85 0.0 0.0 3906.0 0.0 0.0 0.0 10420.5 0.0 0.0 0.0 0.0 0.0 0.0 14,108.9 $267,363.66 8A HMA 3M B 3/4", 75% CR CURB SY $13.60 0.0 0.0 3906.0 0.0 0.0 0.0 10420.5 0.0 5760.7 0.0 8348.2 0.0 0.0 14,326.5 $370,340.03 9A AND GUTTER, PCC, C-4, 24" WIDE, 7 1/2" THICK CURB LF $12.75 0.0 2576.0 0.0 1177.0 2721.0 1109.0 0.0 0.0 0.0 1778.0 0.0 0.0 0.0 28,435.4 $386,721.44 10A AND GUTTER, PCC, C-4, 24" WIDE, 9" THICK CURB LF $14.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2732.0 0.0 4480.5 0.0 0.0 0.0 9,361.0 $119,352.75 AND GUTTER, PCC, C-4, 24" WIDE, 10.5" THICK LF $15.50 0.0 0.0 2813.0 0.0 0.0 0.0 5076.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 66.3 0.0 0.0 7,212.5 7,889.0 $102,778.13 $122,279.50 11A 12A COLD WEATHER CONCRETE PROTECTION LINSEED SY $3.60 0.0 0.0 484.7 605.8 317.2 0.0 496.0 0.0 401.2 OIL TREATMENT SY $4.00 0.0 0.0 273.8 261.6 185.8 0.0 70.2 0.0 475.3 0.0 0.05 937.1 0.0 0.15 3149.8 0.0 0.00 0.0 0.0 0.00 2,371.2 1,266.7, 0.75 $8,536.32 $5,066.80 $2,625.00 13A PAVEMENT SAMPLES AND TESTING LS $3,500.00 0.00 0.00 0.10 0.04 0.05 0.00 0.16 0.00 0.20 14A EXCAVATION TOTAL CY $10.50 0.0 1170.7 1034.0 855.5 1260.1 532.3 3689.1 0.0 2788.5 ALTERNATE A 0.0 15,417.1 $161,879.55 DIVISION $2,184,995.24 ITEM II- WATER MAIN DESCRIPTION ASPRO QTY QTY TOTAL 1 AWWA UNIT UNIT $ THIS EST PREVIOUS QTY TO DATE TOTAL COST Standard C909 PVC, 6 inch dia L.F. $42.50 0.0 427.0 427.0 $18,147.50 2 Ductile iron water main, 6 -inch dia., Class 52 L.F. L.F. $52.50 $11.00 0.0 0.0 794.0 433.0 794.0 433.0 $41,685.00 $4,763.00 3 4 Ductile iron water main removal Tapping 5 sleeve, valve and box, 6 on 6 inch dia. Tapping EACH $3,695.00 0.0 2.0 2.0 $7,390.00 sleeve, valve and box, 12 on 6 inch dia. EACH $3,895.00 0.0 1.0 1.0 $3,895.00 6 7 Gate valve and box, 6 -inch dia. EACH $1,555.00 0.0 2.0 2.0 $3,110.00 8 Gate valve and box, 4 -inch dia. EACH $1 370.00 0.0 0.0 0.0 $0.00 9 Cross, 6 inch x 6 inch dia. EACH $500.00 0.0 0.0 0.0 $0.00 10 Tee, 6 -inch X 6 -inch dia. EACH $360.00 0.0 1.0 1.0 $360.00 11 Bend, 6 -inch dia., any degree EACH $230.00 0.0 12.0 12.0 $2,760.00 12 Sleeve, 6 -inch dia. Reducer, EACH $250.00 0.0 4.0 4.0 $1,000.00 13 8 inch x 4 inch dia Megalugs, EACH $300.00 0.0 0.0 0.0 $0.00 14 6 -inch dia. Cap EACH $130.00 0.0 16.0 16.0 $2,080.00 15 or Plug, 6 -inch dia. EACH $180.00 0.0 0.0 0.0 $0.00 Install 16 and remove plug with 2 inch corp. for flushing Concrete EACH $575.00 0.0 0.0 0.0 $0.00 17 blocking EACH $355.00 0.0 10.0 10.0 $3,550.00 18 Hydrant removal Hydrant EACH $700.00 0.0 2.0 2.0 $1,400.00 19 assembly EACH L.F. $4,795.00 $20.65 0.0 0.0 3.0 163.0 3.0 163.0 $14,385.00 $3,365.95 20 Temporary PVC water main Removal of temporary PVC surface water main EACH $1 545.00 0.0 0.0 0.0 $0.00 21 3/4" connections to ductile iron water main 22 3/4" Short side water service Long EACH $1 150.00 0.0 2.0 2.0 $2 300.00 23 1" side water service EACH $1,750.00 0.0 0.0 0.0 $0.00 24 1" Short side water service EACH $1,500.00 0.0 0.0 0.0 $0.00 25 1 Long side water service 1/2" EACH $2,250.00 0.0 0.0 0.0 $0.00 26 Traffic Short side water service control-Ansborough EACH $2,000.00 0 0 0 0 0 0 $0.00 27 Pavement at Univ Av. Fr. Rd. LS $2,500.00 0.0 1.0 1.0 79.0 $2 500.00 $7,900.00 TOTAL DIVISION II $121,091.45 28 Traffic Rem. And Repl: Ansborough at Univ. Av. Fr. Rd. SY $100.00 0.0 79.0 29 Pavement control -Wisner and W. 6th LS $1,000.00 0.0 0.5 0.5 $500.00 LESS 5% RETAINAGE $6,054.57 30 Hydroseed- Rem. And Repl: Wisner and W. 6th Wisner, W. 6th, Loretta SY $100.00 0.0 0.0 0.0 $0.00 SUBTOTAL I $115,036.88 31 Faapraled;Asphalt TOTAL and Easley Paving SY TON $3.00 $48.00 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 $0.00 $121,091.45 LESS AMOUNT PREVIOUSLY PAID AMOUNT DUE THIS ESTIMATE $115,036.88 $0.00 DIVISION II ION M N 32 PAY N PAY PERIOD: LCONTRACT PAY ESTIMATE N0. 24- PAY PERIOD: JULY 29 I . 11 -AUGUST 22, 2014 1 DIVISION I TOTAL BASE BID SECTIONS I AND II + ALTERNATE A DIVISION II (WATER MAIN $5,802,322.78 _- DIVISION I TOTAL BASE BID SECTIONS I AND II +ALTERNATE A + DIV NII LESS BID ITEMS 69-72 STORM WATER FEE UP TO $500,000.00 $121,091.45 SUBTOTAL- $5,923,414.23 LESS 5% RETAINAGE ON BASE BID SECTIONS I AND II +ALTERNATE A $500,000.00 SUBTOTAL $5,423,414.23 LESS AMOUNT PREVIOUSLY PAID -- $271,170.71 $5,152,243.52 AMOUNT DUE THIS ESTIMATE FROM LOCAL OPTION FUNDS $5,083,132.60 $69,110.92 DIVISION I SECTION Ii BID ITEMS 69-72 STORM WATER FEE UP TO LESS 5% RETAINAGE ON 810 ITEMS $500,000 69-72 UP TO $25,000.00 SUBTOTAL UP TO $475,000.00 - $500,000.00 LESS AMOUNT PREVIOUSLY PAID __ $25,000.00 AMOUNT DUE THIS ESTIMATE FROM STORM WATER $475,000.00 FEE FUNDS $475,0$0.00 -- 0'00 DIVISION I SECTION III LESS 5% $923,678.17 SUBTOTARETAINAGE $46,183.91 LESS AMOUNT PREVIOUSLY PAID $877,494.26 AMOUNT DUE THIS ESTIMATE FROM SEWER FUNDS $847,949.74 $29,544.53 (DIVISION I SECTION IV -= LESS 5% RETAINAGE l. $31,908.24 SUBTOTAL $1,595.41 LESS AMOUNT PREVIOUSLY PAID -=- $30,312.83 (AMOUNT DUE THIS ESTIMATE FROM STORM SEWER BOND FUNDS $30,312.83 ASPRO $0.00 CHANGE ORDER NO. 5 - SPORTS PLEX UNIT UNIT $ QTY COST 5001 CONCRETE PAVING REMOVAL I SY I $4.25 1268.401 $5,390.70 5002 5004 SIDEWALK REMOVAL SY $4.25 66.40 $282.20 5004 SAW CUT REMOVE EXISTING STRUCTURE LF 28.00 90.00. $382.50 TOTAL CHANGE ORDER NO. 5 EACH $528.00 2.0 2 $1,056.00 AMOUNT DUE THIS ESTIMATE FROM BOND FUNDS $7,111.40 NORETAINAGE--- =- $0.00 IAPPRO-JTfs�'J% (ter► ' UB :' DIAS DATE d►/i11%MV%t I /r =- IAPPiTrl - JLT3tiA: •rPro A i ' T MOW Page - 4 Voucher prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A082514 Augus 18, 2014 82 Batch No. Keyed By: Vendor Aspro Engineering Department Address Grant/Project Code # 07 STR City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 8/14/14 7 $31,041.11 F.Y. 2014 Asphalt Overlay Program 205-07-7500-2165 - Parking Lot 408-07-7980-2180 Contract 857 Est # 7 Special Instruction Total $ 31,041.11 8/18/14 Date Approved By: DATE An Equal Opportunity/Affirmative Action Employer I P Y 2014 ASP){ALT OVERLAY PROGRAM IES_TIMAi E 57 -__ 1 CONTRACl'E 57 !01 VISION 1- STREETS 10 4 •REMOVE AND RELOCATE E-1 INLET REMOVE AND REPLACE E -1-C SE COSTING CASTING REMOVE AND REPLACE INTAKE BOXOUDE.1.0 REMOVE AND REPLACE INTAKE BOXOUT/E.2-C FURNISH E- 1-C INLET CASTING REM/REP RA INLET TOP IREM/REP RA INLET TOP AND THROAT REMOVE AND REPLACE MH BOXOUT STORM SEW >' 10" TRUSS RF- 19C (RODENT GUARD) REMOVE AND REPLACE S/W OR DAY 6" PCC REMOVE SIDEWALK E`WA 4"FCC SIDEWALK, 6" PCC (SIDEWALK CURB SECTION PEDESTRIAN RAMP DETECTABLE WARNING SURFACE TOPSOIL REMOVAL FROM PARKING TOPSOIL REMOVE AND REPLACE 24" C & G/6' PCC EACH 0.0 EACH 00 0.0 0.0 1111101111111111111111 F V. &5' l25�2 i7f13rI�Tn7 , V • ; VAUGHN ST WHITTLE.. ,.VL ASPRO 9 :JI S. 1 '; N l AT 0.0 0.0 050 0.0 057 0.0 0.0 RE 0E SE 0.0 0.0 00 0.0 00 0,0 00 0.0 00 0.0 0.0 0E 0.0 0.0 SE 00 10 00 1.0 S 395.00 S 3,593.00 EACH EACH 1111111111133111111100 , 0.0 0.0 0.0 E 15,475.00 0.0 0.0 00 0.0 0E 00 110 0.0 0.0 O.0 0.0 O.0 0707 ao o.o o.o o.o o.o 0.0 0.0 0.0 0.0 oo 0.0 0.0 00 0.0 0.0 O0 0.0 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0 0.0 IIMEMMEENIMINii= 0.0 00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SE 0.0 0.0 00 0.0 MINCEM 0.0 0.0 00 0.0 MINE 0.0 0.0 00 0.0 450 O.0 0.0 0.0 0A I0.0 ENCEMENCEMIMMOMMNICEMMIIIIIIIIIIIIMMENIEoo 0.0 �® 00 0.0 0.0 483.7 0.0 483.7WIIIIIIIIIIECIIIIIIIIIIMEMIIIIIIIIIIIIEEtMMIINIEMIIIIIIIIEMIIIIIMECIINIIIIIIIIIIMMIIIIIIIIIIIIIMIECIIIMIIIIIIIIIMIIIIIIMIEMIIIMIIILEIIIIMMEEUMIIIMIIIIINMMIEIIIIIIIIIMMIIIFIEEIIIIIEMMEIEMIIEErral S 5.00 S 41550 ® 0.0 aoLE 1 0.0 1 0.0 ���� SF 0.00.0 0.0 1 0.0 0.0 1.8 0.0 0.0MI 0.0 151.8 0.0 11111111 0.0OM 0.0LE 00 0.00.0 0.0 2.0 0.0 1.0 0.0 5.0 43.0 2,490.00 S 3895.00 i 1425.00 S 3190.00 0 • 7 Gs 00 0.0 0.0 845.6 3.7, 0)O) 00 0.0 561.2 59 3 100.0 0 0 5.50 15.00 30.00 S 3,171.00 S 3,086.60 E 889.50 000.00 0.0 0.0 0.0 0.0 8S 10.40 0 DA IMEIIMIQIIIIIIIMIIIIIIMIIIIIIWCIIMIIMIIIIICMIIIMIMIIIIKEIIIIMIMrrIIIIIIIIIIIIKEMIIIIIIIIIIMIIUIIIIIIIIIIIMEIIIIIIIIEIEIIMIIIIIM IIIIIIMIIIMIIICCMIMICCIMMIIIIIMOMIIIIIIIIIIIIGCINIMICEIMIIIMIIIIIIINIMIIIIIINIIMEIINIIIIIIIIIIIIIIIIIEIEMIIENMEIEMIIIIIIECI REMOVE AND REPLACE 24" C&G/8' PCC p:EMEININIMMINIIMMINNIMIIIIKEEMINIEMIIMIIIIMINIMINI=11111111111111.[DINUIIM[1111.11111111.1.111111.111..1.111M1111111111111111.11111111MMIUNIIIIMMIIIIIIIMMIEMINIM.11111��E] REMOVE AND REPLACE 24" C&G/9" PCC ©�u�u������� __ FULL DEPTH PATCH, REM/REP 6^ PCC FAL DEPTH PATCH, REMREP 9" PCC ®�������������������� REM/REP SANITARY SEWER B"TRUSS ©��.1111111111111.111111a..111=YRIIIIIIIIIIIal=MYRII=.1111.111..1:011M.1101.3111.1111113211M.1.111.11111=311111.1111.111111111111111.111M1111111.92.1111111.1111:1111111OMMINI S 305 OD REM/REP SANITARY SEWER IT TRUSS 0IIIIIIKICSIMINIMIIMIIIIIIIMMINIMIIIMMIIIpIIMIIIIIIIIINKCMMIX=1.1.1111M11103111.1MINIIIIKEMINIMMINIMX11.11111M1.11111.1.131111111UNIIMIENII_ 5 730.00 SANITARY SEIWERSERVICE, 6" LF 00 00 00 00 00 0.0 0.0 00 0.0 0.0 CO 0.0 00 CO 00 0.0 0.0 0.0 0.0 S 350.00 3/4'ROADSTONE TON 0.0 0.0 0.0 00 0.0 00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 00 0.0 0.0 0.0 0.0 00 1 80.00 RECYCLED ASPHALT ®r '®' ®' ��������� ��� '®"®®' PAvPMERT SCARIFICATION SY 0.0 2091.1 00 00 0.0 00 0.0 0.0 0.0 378.7 0.0 0.0 0.0 0.0 0.0 2190.0 MIIMIIMENIIIIMI 0.0 00 4639.5 T 6.45 MILL WEDGE EACH 0.0 30 2.0 4.0 05 2.0 4.0 2.0 2.0 0.0 0.0 2.0 4.0 4.0 4.0 0.0 I.0 3.0 37.3 S 1085.00 CRACK AND SEAT SY 5844.4 8475.6 700 11022. 00 390.0 3466.7 7300.0 3173.3 0.0 3300.0 284.4 1795.6 6000.0 9422 00 660.0 868.9 438933 3 2.40 !SURFACE PATCH TON 1.6 00 00 00 0.0 00 0.0 0.0 3.0 0.0 0.0 0.0 0.0 00 3.I 00 15.7 1 230.00 HMA ((,000,000 ESAL) INTERMEDIATE, 3/a" MIX, 60% CR. TON 00 0.0 80.1 163.0 0.0 -9.S 344.5 0.0 Sj 1.1 0.0 4843 50.0 250.0 0.0 120.0 0.0 00 00 138.8 2423.6 1 106.60 0��®�rn� ����� 200.0 loo.o ����� $ 41504 "LA (3,000,000 ESAL) INTERMEDIATE, 3/4' MD; 75%CR D. ' TON 985.7 1692.3 0.0 0.0 00 0.0 0.0 1170.3 0.0 0.0 0.0 0.0 0.0 1043.0 0.0 0.0 00 00 00 4891.3 S 106.80 I 26PJ JO HMA(3,000,000ESAL]SURFACE, 12" MIS NO FRICTION REQD.,75% CR TON 0.0 953.1 0.0 0.0 11.1 0.0 0.0 703.8 0.0 0.0 OA 0.0 00 6605 0.0 0.0 CO 0.0 0.0 2328.3 1 113.70 S 264 755.00 PAVEMENT SAMPLES AND TESTING LS 0.0000 0.0625 0.0625 0.0625 0.0000 0.062.5 0.0625 0.0625 0.0625 0.0000 0.0625 0.0625 0.0625 0.0625 0.0625 00 0.0625 0.0625 0.0625 0.9375 S 1060.00 INLETUMAR EACH 0.0 0.0 0.0 2.0 00 1.0 3.0 0.0 00 0.0 0.0 0.0 2.0 4.0 1.0 0.0 00 0.0 2.0 150 T 195.00 ss 4 687.50 UMARFD CONCRETE ADJUSTMENT EACH 0.0 0.0 0.0 0.0 0.0 0.0 OA 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 S 995.00 FURNISH ANDINSTALL MANHOLECASTING EACH 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 00 00 1.0 0.0 00 0.0 T 865.00 PAVEMENT SYMBOLS EACH 00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 285.00 PAINTED PAVEMENTMA34I004GS STA 5.00 7050 0.00 0.00 0.00 0.00 0.00 103.60 0.00 0.00 0.00 0.00 0.00 312 0.00 0.00 000 0.00 0.00 184.22 47.OD TRAFFIC CONTROL LS 0.0000 00625 0.0625 0.0625 COON 00625 0.0625 00625 0.0000 0.0061 0.0000 0.0625 0.0625 00625 0.0625 0.0 0.0625 0.0621 0.0625 0.8186 $ 81,400.00 S 6626'6372;04 REM/RFF RA INLET EACH 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 00 0.0 00 0.0 0.0 1,0 S 3,71250 S 3660.00 25.50 1 30,055.71 T 78,187.30 T 105,343.92 T 3 611.00 FMEDII S 171 600.00 14 25.00 80.00 DIVISION II - PARKING LOT PAVEMENT REMOVAL REMOVE AND REPLACE 24" CAW' PCC CLASS 10 EXCAVATION MODG7FD SUBBASE 0' 0345, S 12", 60% CR DAV APPROACH, 6"PCC FENCE REMOVAL PAVEMENTMARIING PAVEMENT SYMBOL TRAFFIC CONTROL HMA (1,000,000 ESAL) SURFACE, 12" MCC NO FRICTION REQD., 60% CR SURFACE PATCH A SPRO DA l ,ta a�divirt`i_ jR YOF WATERL 4. ',ATE SPORTSPLEX 527.8 E� 224 0 IMO 17.5 II 12.0 MA 600 30 LESS PREVIOUS ESTIMATE 527.8 22.5 224.0 261.2 !)382.3 17 5 I0 25.51 12.0 1.0 LESS 5%RETAINAGE SUBTOTAL LESS PREVIOUS ESTIMATE 5 S 25.00 13.20 20.90 25.40 45.00 2,300.00 47.00 10000 5 2,500.00 S 110.00 S 23000 S 2.500.00 S 6,600.00 5 690.00 S 71,456.60 S 71,456.60 S 71 456.60 TOTAL DIV. II ESTIMATE TOTAL DIV. 1 & DN. /I 31,04111 Prepared by Pauline Closson August 13, 2014 Vendor Address City & State Invoice Date Cramer & Associates Invoice # Qty/Unit 8/12/14 Est # 9 Special Instructions: Submitted By CITY OF WATERLOO PAYMENT VOUCHER Batch No. Vendor: 5419 Keyed By: Department: Engineering Grant/Project Code# Amount Description GL Distribution $ 82,052.92 F.Y. 2014 Bridge Deck Repair & Overlay Est # 8 7/29 - 8/11/14 Contract 777 Total $ 82,052.92 08/13/14 Date Approved E Date An Equal Opportunity/Affirmative Action Employer 9002 A082514 205-07-7830-2161 8/12/2014 1 of 2 777EST09.xlsx F.Y 2014 BRIDGE DECK REPAIR AND OVERLAY CONTRACT NO. 777 PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29 -AUGUST 11, 2014 TOTAL CRAMER QTY THIS QTY QTY COST ITEM NO. DESCRIPTION UNIT PLAN QTY UNIT COST EST PREVIOUS TOTAL TOTAL 1 REMOVALS LS 1 $72,000.00 0.42 0.43 0.85 $61,200.00 2 STRUCTURAL CONCRETE, MISCELLANEOUS CY 25.5 $1,900.00 . 0 0.0 0.0 $0.00 3 REINFORCING STEEL, EPDXY COATED LB 450 $2.00 0 0.0 0.0 $0.00 4 DECK REPAIR, CLASS A SY 905 $170.00 0 1204.5 1204.5 $204,765.00 5 DECK REPAIR, CLASS B SY 90.5. $300.00 0 0.3 0.3 $90.00 6 STEEL EXTRUSION JOINT WITH NEOPRENE LF 312 $140.00 64.7 135.2 199.9 $27,986.00 7 NEOPRENE GLAND INSTALLATION AND TESTING LF 312 $35.00 0 0.0 0.0 $0.00 8 CONCRETE REPAIR SF 309 $115.00 60.3 156.58 216.88 $24,941.20 9 FURNISH TEMPORARY BARRIER RAIL LF 2450 $4.50 0 2256.0 2256.0 $10,152.00 10 INSTALL TEMPORARY BARRIER RAIL LF 4900 $,2.50 0 4512.0 4512.0 $11,280.00 11 TEMPORARY CRASH CUSHION, FURNISH AND INSTALL EACH 6 $900.00 0 6.0 6.0 $5,400.00 12 BRIDGE APPROACH, RK -25 SY 1303.4 $190.00 195.8 665.5 861.3 $163,647.00 13 STANDARD NON REINFORCED PAVING, PCC, 7 INCH, C-4 SY 30 $100.00 0 92.5 92.5 $9,250.00 14 LONGITUDINAL GROOVING IN CONCRETE SY 7747.7 $1.50 0 2950.5 2950.5 $4,425.75 15 REMOVAL OF PAVEMENT SY 1333.4 $15.00 195.8 758.0 953.8 $14,307.00 16 BARRIER RAIL, RE -46 LF 50 $160.00 0 0.0 0.0 $0.00 17 SIDEWALK REMOVAL SY 77 $2.00 0 55.2 55.2 $110.40 18 SIDEWALK, PCC, 6 INCH SY 77 $50.00 0 55.2 55.2 $2,760.00 19 DETECTABLE WARNING SURFACE SF 24 $70.00 0 20.0 20.0 $1,400.00 20 BRIDGE RAIL REPAIR - CONGER STREET BRIDGES LS 1 $11,000.00 0 1.6 1.6 $17,600.00 21 RESET RAIL POST AND STRAIGHTEN RAIL LS 1 $5,000.00 0 1.0 1.0 $5,000.00 22 PAVEMENT MARKINGS STA 35 $110.00 0 3.8 3.8 $414.70 23 MOBILIZATION LS 1 $110,000.00 0 1 1 $110,000.00 24 TRAFFIC CONTROL LS 1 $25,000.00 0 0.6 0.6 $15,000.00 1001 REMOVE AND REPLACE MEDIAN, 8"PCC, M-4 SY 75 $140.00 0 75.0 75.0 $10,500.00 1002 TRAFFIC CONTROL - MEDIAN CROSSOVER LS 1 $2,007.50 0 1.0 1.0 $2,007.50 1003 PAVEMENT MARKINGS REMOVED STA 12.5 $99.00 0.00 3.6 3.6 $356.40 2001 4TH ST. BRIDGE-REM/REPL BEARING PADS, CLEAN & PAINT ROCKERS EACH 10 $2,400.00 0 0.0 0.0 $0.00 2002 CONGER ST. BRIDGES -CLEAN AND PAINT BEARING PADS & ROCKERS EACH 28 $1,900.00 0 0.0 0.0 $0.00 2003 5TH ST. BRIDGE-REM/REPL 3" RAIL, 2 POSTS AND MISC. HARDWARE LS 1 $9,750.00 0 0.0 0.0 $0.00 TOTAL BASE BID $702,592.95 8/12/2014 1 of 2 777EST09.xlsx 8/12/2014 2 of 2 777EST09.xlsx F.Y 2014 BRIDGE DECK REPAIR AND OVERLAY CONTRACT NO. 777 PAY ESTIMATE NO. 9 PAY PERIOD: JULY 29-AUGUST 11, 2014 TOTAL CRAMER QTY THIS QTY QTY COST ITEM NO. DESCRIPTION UNIT PLAN QTY UNIT COST EST PREVIOUS TOTAL TOTAL ALTERNATE A OPTION 2 25.2 DECK OVERLAY (CLASS HPC-0 PCC) SY 7090.4 $40.00 0 5121.0 5121.0 $204,840.00 26.2 BRIDGE APPROACH OVERLAY (CLASS HPC-0 PCC) SY 190.1 $40.00 0 0.0 0.0 $0.00 TOTAL ALTERNATE A $204,840.00 TOTAL BASE + ALTERNATE A OPTION 2 $907,432.95 LESS 5% RETAINAGE $45,371.65 SUBTOTAL $862,061.30 LESS AMOUNT PREVIOUSLY PAID $780,008.38 AMOUNT DUE THIS ESTIMATE $82,052.92 APPROVED BY: ORIGINAL CONTRACT AMT $1,163,182.55 NOTE: CONTRACTOR HAS WAIVED REVIEW OF PARTIAL PAYMENTS UNTIL FINAL ESTIMATE CR a MER & ASSOCIATES DATE wicillrAk ,204,-.4 • ra- CI' WATERLOO DATE 8/12/2014 2 of 2 777EST09.xlsx CITY OF WATERLOO PAYMENT VOUCHER August 13, 2014 20604 Batch No. Keyed By: Vendor Iowa Erosion Control Inc., Engineering Department Address Grant/Project Code # City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 08/12/14 7 Special Instructions: Subrnitted By 9002 A082514 64,633.25 Contract 827 Est # 7 W Airline Highway 205-07-7500-2165 Highway Rehabilitation 7/29 - 08/11/14 Total $64,633.25 8/13/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer 8/13/2014 11:03 AM 1 OF 2 827EST07.xfsx F.Y. 2014 WEST AIRLINE HIGHWAY REHABILITATION CONTRACT NO. 827 IOWA EROSION CONTROL, INC. PAY ESTIMATE NO. 7 PERIOD: JULY 29 -AUGUST 11, 2014 BID BASE BID PLAN IEC QTY THIS QTY PREV QTY IA EROSION CONTROL ITEM DESCRIPTION UNIT QTY UNIT$ ESTIMATE ESTIMATE TO DATE TOTAL 1 FULL DEPTH PATCH, 10" PCC SY 534.8 $110.25 0.0 783.4 783.4 $86,369.85 2 SLAB REPLACEMENT, 10" PCC SY 2,489.0 $95.55 0.0 2,654.7 2,654.7 $253,656.59 3 FULL DEPTH PATCH, BY COUNT EACH 89.0 $141.75 0.0 93.0 93.0 $13,182.75 4 SLAB REPLACEMENT, BY COUNT EACH 82.0 $141.75 0.0 91.0 91.0 $12,899.25 5 PAVEMENT, 9" PCC, SLIP FORM W/ CD JTS SY 1,184.4 $47.25 0.0 1,191.7 1,191.7 $56,307.83 6 PAVEMENT REMOVAL, FULL WIDTH SY 1,184.4 $7.75 0.0 1,611.4 1,611.4 $12,488.35 7 CRACK AND JOINT CLEANING AND FILLING (PCC PAVEMENT) MILE 3.84 $21,770.00 0.0 0.0 0.0 $0.00 8 SEALER MATERIAL (PCC PAVEMENT) LB 16,700.0 $2.00 0.0 0.0 0.0 $0.00 9 PAVEMENT SURFACE REPAIR (GRINDING LIMESTONE) SY 55,233.0 $4.00 15,920.0 0.0 15,920.0 $63,680.00 10 PAINTED PAVEMENT MARKINGS STA 769.80 $10.50 0.000 1.110 1.110 $11.66 11 PAINTED SYMBOLS AND LEGENDS EA 8.0 $125.00 0.0 0.0 0.0 $0.00 12 MOBILIZATION LS 1.0 $20,600.00 0.00 1.00 1.00 $20,600.00 13 FLAGGER DAY 100.0 $335.00 13.0 113.0 126.0 $42,210.00 14 PILOT CAR DAY 10.0 $500.00 0.0 12.0 12.0 $6,000.00 15 TRAFFIC CONTROL LS 1.0 $4,000.00 0.0000 1.0625 1.0625 $4,250.00 1001 REMOVE EXISTING PAVING - WIDENING AND PATCH LS 1.0 $5,000.00 0.0 1.0 1.0 $5,000.00 1002 MODIFIED SUBBASE TON 319.64 $26.40 0.00 319.64 319.64 $8,438.50 1003 REMOVE EXISTING DRIVEWAY SY 75.0 $9.00 0.0 75.0 75.0 $675.00 1004 DRIVEWAY APPROACH, 6" PCC SY 55.7 $70.40 0.0 55.7 55.7 $3,921.28 1005 MISC. PCC REPLACEMENT AT LEVERSEE SY 26.9 $105.60 0.0 26.9 26.9 $2,840.64 1006 TRIMMING ROCK BASE LS 1.0 $1,265.00 0.0 1.0 1.0 $1,265.00 1007 JACKHAMMER EDGE AT LEVERSEE LS 1.0 $302.50 0.0 1.0 1.0 $302.50 1008 SAND IN SPALLED AREAS LS 1.0 $401.50 0.0 1.0 1.0 $401.50 1009 FABRIC UNDER FULL WIDTH AREA -DEDUCT LS 1.0 ($775.00) 0.0 1.0 1.0 ($775.00) TOTAL BASE BID $593,725.68 8/13/2014 11:03 AM 1 OF 2 827EST07.xfsx 8/13/2014 11:03 AM 2 OF 2 827EST07.xisx ALTERNATE 2 - DOWEL BAR RETROFIT 2.1 DOWEL BAR RETROFIT (1-1/4" X 18") EA 9,171 $29.18 0.0 8,812.0 8,812.0 $257,134.16 2.2 MOBILIZATION LS 1 $10,000.00 0.0 1.0 1.0 $10,000.00 2.3 FLAGGER DAY 50 $335.00 0.0 39.0 39.0 $13,065.00 2.4 PILOT CAR DAY 5 $500.00 0.0 8.0 8.0 $4,000.00 2.5 TRAFFIC CONTROL LS 1 $1,000.00 0.0 1.0 1.0 $1,000.00 TOTAL ALTERNATE 2 $285,199.16 TOTAL BASE + ALT 2 $878,924.84 LESS 5% RETAINAGE $43,946.24 SUBTOTAL $834,978.60 LESS AMOUNT PREVIOUSLY PAID $770,345.35 AMOUNT DUE THIS ESTIMATE $64,633.25 CONTRACTOR HAS WAIVED REVIEW OF PAY ESTIMATES UNTIL FINAL ESTIMATE CONTRACT AMOUNT $1,094,138.38 APPROVED BY: IOWA ERO% ION CONTROL, INC DATE % COMPLETE 80.3 Al -\,. , -. 03'f DATE fps- , Tigir APPRO D BY: CI r OF WAT, ' .0 8/13/2014 11:03 AM 2 OF 2 827EST07.xisx WATERLOO DEVELOPMENT CORPORATION August 19, 2014 Community Development City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Rudy Jones: I'm writing to you on behalf of the Waterloo Development Corporation in support for Brent Dahlstrom and his Grand Crossing Condominium project to represent Waterloo for CDBG Round 6 tax credits. The $3,000,000 in CDBG tax credits will allow this project to upgrade their facilities to new-age construction practices through the use of environmentally friendly, Iowa Green Streets guidelines; With the assistance of these tax credits, the Grand Crossing Condominiums will bring first of its kind amenities for residential projects, including unground parking and rooftop common areas. Funding will also permit the use of the Iowa Green Streets Criteria which will allow increased resource efficiency and reduce the impact on the environment. Support of this project will usher in a new wave of revitalization to our downtown area. This project will showcase green, sustainable practices that will protect and build on the local economy. By supporting the Grand Crossing Condominiums to represent Waterloo, this project will serve as an ambassador and example of the next big step of revitalization to our downtown area. Sincerely, Dan Watters Chairman Waterloo Development Corp oration Waterloo Animal Control What are the hours for the operation of Waterloo Animal Control? In the City of Waterloo? In the City of Cedar Falls? Is there a plan for how many employees are needed to service the operational Schedule of Waterloo Animal Control and the City of Cedar Falls? How many employees are currently employed to fill the schedule for Animal Control? How many of these employees are full time? How many are part time? Are volunteers used? What is the training that the Waterloo Animal Control Officers have to do their job in a satisfactory manner? Have requirements ever been defined for Waterloo Animal Control Officers? If they require additional training is that defined and in the budget? If there are people who primarily do kennel cleaning, has that job been defined and are they trained? If these kennel cleaners must move dogs around, are they trained to do so? What are the hours of scheduled work for these employees? Is there any overtime? Are not part time people limited to 19 hours weekly? Are part time people working more than what is allowed for part time people? Are part time employees working holidays so that full time employees have the time off? Do any employees ever work alone at the facility? If they do, what is the possibility that they might be attacked by a dog and if hurt what do they do? How many vehicles are available for animal control use? Are employees using their own vehicles to transport animals and other items? Do any employees purchase need supplies (i.e. food) with their own money? Are there plans to acquire additional vehicles and equip them for animal control work? Has the equipment for animal control work been defined and is all that is need been purchased? If not what is the projected cost? It is rumored that there is one full time employee and two part time employees for enforcing animal control for both cities. That would be a total 78 hours (40 plus 19 plus 19) if true how does that fulfill contractual obligations? Are employees in any other Waterloo City Departments doing work for Waterloo Animal Control? Are other department employees doing any facility and equipment improvements? It is believed that Waterloo Animal Control management is working very long hours to cover Animal Control and another Department. Are the hours of this management individual dispersed accurately across both department budgets so that the cost of Animal Control is accurate? Are all dead animals (including deer) being picked up only by Waterloo Animal Control? If other City employees are being used for such work, are their costs being shown in the Animal Control Budget? It seems to some people that the Waterloo Animal Control budget has exceeded original projections, are there plans for a budget amendment to increase the Waterloo Animal Control budget, say in December? Since budgets are planned well in advance, are there plans to increase the Waterloo Animal Control budget for the next fiscal year? Who is the management over the Waterloo Animal Control employees? (It has been noted that a Waterloo Animal Control vehicle was seen in Hudson, Iowa, if this is true is there a need for a GPS tracking system attached to the vehicle? Recent days have seen temperature numbers and high humidity. Since animals are being kept both at the new Animal Control facility (past city garage) and at the building at the sewage treatment facility, have these facilities been improve to have air conditioning, humidity control, and air flow control to meet State of Iowa requirements? Is there a record of what the temperature has been in these facilities during the last month or so? If there are no such temperature (et al) controls, when will they be installed and what is the estimated cost? Of necessity some animals have died and are their remains still being placed in a pit at the waste sewage treatment site with wood chips placed over them? Apparently it has been a practice in Waterloo that fines and like charges to the public are received into the General Fund, in the case of Waterloo Animal Control is there an accounting that demonstrates that such charges are due to the efforts of Animal Control so that cost of operation can be compared to the total of such fines? Does this include the monies received through the contract with Cedar Falls? Since the first stated desire to have Waterloo take over Animal Control it has been asserted that there was dissatisfaction with the job being done by Cedar Bend for Waterloo. Since this was a job done by contract, such dissatisfaction should be definable, in detail. As of this date such has never been defined. Can that be defined now? The assertion that Cedar Bend was too expensive has now been proven wrong as going with Cedar Bend would have saved the City of Waterloo money as actual dollars spent far exceed the Cedar Bend bid, will the City at least now admit that dollar projections were wrong? Is the placement of animals held by the City of Waterloo all decided by actual employees or are volunteers making such decisions? Such decisions carry with them potential liability and if made by non -employees are they covered by City Insurance for liability. Has any new Animal Control employees been hired after failing a pre-employment drug test? Are there plans to create a new office manager job for Animal Control and if so is it know who will fill that position? Is it not time to say that factors have changed and it is time to negotiate a new contract with Cedar Bend? Round 6 - State CDBG 8.25.2014 All, first off, let me note -- the subcommittee and CD staff did an excellent job of putting this together. They were working on a very short time frame with a State application that has changed from round to round. The subcommittee mtg was very well planned, good discussion, good dialogue on all 3 projects. We had questions on several of the 3 applications from the subcommittee mtg. The questions and answers were then forwarded to the members via CD staff. The one thing missing was a re -convening of the subcommittee to discuss the answers. There was not enough time. The CD Board then did an excellent job of listening to the applicants, and moving ahead with their recommendation as they saw fit — which was mainly to support the subcommittee. I don't think we are hurting anyone's feelings if the application recommendation is changed. No one has missed anything, but sometimes more information is available with more time. In the case of the subcommittee and CD Board, there was limited time on a tough choice of choosing 2 applications from 3 great projects. So how do we choose? This is not a "which project does Waterloo want" decision. This is a State-wide application process. The City of Waterloo has not had ANY UNITS BUILT through the State's Multi -Family Rounds. Zero. If we think all 3 applications are good projects, which I think was the consensus of all reviewing them so far, then this is a "Send the 2 applications which have the best chance of petting approved by the State" decision. Again, so how do we choose? The State applications notes the following for scoring: Prioritization factors Prairie Rapids Grand Crossing Common Bond Affordability Yes — 51.67% of units (31) at/below 80% AMI Yes — 53% of units (36) at/below 80% AMI Yes — 100% of units (24) at/below 80% AMI Sustainability Scored 106 on Green Development checklist Scored 65 on Green Development checklist Scored 67 on Green Development checklist Need (market) Yes (State can require market study if they want) Yes (State can require market study if they want) Yes (State can require market study if they want) Relationship to 2008 disaster No Yes — site was flooded. Previous building was flood damaged. No Adaptive reuse (hist. preservation, upper story conversion) No No No Infill Yes — great neighborhood infill Yes — great downtown infill Yes — great neighborhood infill Other factors, due to funding limitations and/or overall goal to ensure activity of all affected areas of State Again, all 3 applications score very well in many categories. Once again, so how do we choose? We could also look at, if they are all the same, what is best for State and Waterloo? Is to maximize the private investment spurred by the public finds? And/or to maximize the number of quality units that could be built with funds to help 80% AMI population to find housing in communities? Project State funding request # of units in project Total Project costs % of public funds Common Bonds $3.0 million 24 $4.667 million 64.2% Grand Crossing $3.0 million 68 $7.9 million 37.9% Prairie Rapids $2.9 million 60 $5.925 million 48.9% It is definitely not an easy decision. Due to the close scoring in the State -noted factors of prioritization, I believe we need to recommend the following two: Prairie Rapids and Grand Crossing. I recommend this because: 1. They represent the highest amount of private funds to match public finds for projects. Anyone has sat on a selection board for grants first looks at grants, finds the best projects, then works to maximize the amount of grant funds to spur the maximum amount of private investment as possible. 2. The forwarding of these two to State would represent 128 new units to the City of Waterloo, if selected. We need to continue to grow our housing base in Waterloo to gain new residents, new population, new employees, and new workers to continue to attract businesses. 3. These two projects are both below 100% for the 80% AMI units they are proposing for their projects (67 out of 128). National HUD standards continue to speak of the success and goal of mixed income type projects for a more sustainable development and future. Both of these represent that goal. CITY OF WATERLOO, IOWA COUNCIL RECORD AYES NAYS ABSENT ABSTAIN MS. COLE)(7 - y .,,• 15 ‘i MR. JONES ut4 `1 7-2 15-1? MR. SCHM 13 np Ari MR. LIND - 3 ,, lc 19 MR. MORRISS I-12 ani MR. WELPE `Vi 1; - \\ MR. HART y(2 Comments to Waterloo City Council August 25, 2014 Good evening. My name is Jeri Thornsberry and I serve as the current chair of the Community Development Board. I want to make it clear that I am not attached to the outcome of the decision you will make tonight. However, I am attached to explaining the review process the Community Development Subcommittee followed to decide on the two projects we recommended. I also want everyone to know that both appointed volunteers to the Community Development Subcommittee and whole Board acted from a position of conscientiousness and integrity. On August 11, 2014, the Subcommittee met with two members of the Community Development Board, two members of the CDBG staff, two Council members (Mr. Lind and Mr. Schmitt) and Mr. Anderson, Community Planning and Development Director. We had a very productive meeting—comparing applications, gathering insights, asking tough questions, determining readiness of developer, evaluating responses and listening to each other. Collectively we decided to make the best decision to improve the chances that Waterloo would be awarded both of our selections, Not only were we tasked with ensuring that the applications complied with the specific State application requirements but we also needed to ensure that our collective decision was in alignment with HUD's mission to "provide decent housing for persons of low- and moderate -income, ...." Based on these two requirements and with equal consideration given to all three developers because: - All developers applied under the classification of IMPACT ON AREA RECOVERY and not REPLACING UNITS LOST. (e.g., due to the floods.) - All three applications require some correction in the documents submitted. Subcommittee Members received the applications prior to the meeting. At the meeting, we began by reviewing each of the applications. We noted how many total units proposed are aligned with CDBG's target population, types and number of bedrooms and whether the developer is set to go when the decision is made. Staff provided additional insights to particular building sites when needed. The Subcommittee took adequate time to make an informed decision. April 25, 2014 City Council Meeting- Waterloo Page 1 of 3 Here are some highlights we discussed while reviewing the applications: CommonBond Communities - Greenhill Townhomes 100 % of their 24 units are targeted at 80% Adjusted Median Income (AMI) and additionally five of the 24 units will be set-aside for households at 50% AMI. They propose building -- 10 two-bedroom and 14 three-bedroom units. This is the only applicant proposing to build 3 -bedroom units. Further they have already built a very successful project in Waterloo so they are very familiar with HUD's stringent and unforgiving rules and regulations. (Unity Square housing project at Newell and Mobile streets) Good location—school nearby. Prairie Rapids, LLC Prairie Rapids Square Condominiums At the targeted 80% AMI level, they propose building 31(of the 60) two- bedroom units. This applicant has built similar units in Johnson and Linn Counties and is familiar with HUD's rules and regulations. Central location. Grand Investments, LLC Grand Crossing Condominiums At the targeted 80% AMI level, they propose 15 one -bedroom units and 21 two-bedroom units (28 ones and 40 two = total 68). This is the only applicant proposing to build one -bedroom units. Downtown location. Council Members Lind and Schmitt as well as Noel Anderson shared their prior knowledge about this project and discussed that the project must already be progressing since the City Council approved the Development Agreement four months ago on April 24, 2014. It was mentioned that those rental units were probably designed as market rate and not as subsidized units. In fact, Mr. Lind stated that he was the only Council member to vote against the April 24 approval of the Development Agreement. We did not discuss the capacity of this applicant to comply with HUD's building rules, regulations and timelines as consensus was that this project was not a good fit for submission. So the Subcommittee's unanimous two choices were in order—CommonBond Communities and Prairie Rapids, LLC. April 25, 2014 City Council Meeting- Waterloo Page 2 of 3 On August 19, prior to the start of the monthly Community Development Meeting, Mr. Lind approached me to inform me that he and Mr. Schmitt had discovered new information and that they are changing their minds to now support Grand Investments. I certainly appreciated this "Heads Up" and was very interested to learn about this new information during our Board meeting. During the meeting, Mr. Lind said that he had discovered that Grand Crossing Condominiums will be a high-end project with great amenities such as granite countertops in the units. And that he is now supporting this applicant. Mr. Schmitt approached the podium and said that he supports this change as well as it seems to be the most shovel -ready project at this point; it will be good for downtown development with the location near the SportsPlex; it was in a flood affected area and using local contractors is also a good thing. As Chair, I made a point to inform my fellow board members that there is absolutely no requirement for applicants to be or use local contractors. After much discussion and probing, the Community Development Board supported the Subcommittee's original recommendations. The board members did not agree that the installation of granite countertops as the only new information presented rose to a level that would warrant a change in the Subcommittee's recommendation. So I stand before you, truly perplexed. I ask, "What is not being revealed here?" Now it is up to you to answer this fateful question: What project are you eliminating and why? These are my words. Thank you for your time. G. M. Jeri Thornsberry 319-235-0704 April 25, 2014 City Council Meeting- Waterloo Page 3 of 3