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HomeMy WebLinkAboutCouncil Packet - 6/19/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 19, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 232 Roll Call. Prayer or Moment of Silence Preston Duncan, Tribal and Spiritual Leader, Meskwaki Nation Pledge of Allegiance Dave Zellhoefer, City Attorney Agenda, as proposed or amended. Minutes of June 12, 2017, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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. Resolution approving request from Trekman Racing to hold the 9th annual Prediction Run on July 19, 2017 at 6:45 p.m. beginning at Singlespeed Brewing and traveling the bike trail to River Road, then returning to Singlespeed via Cedar Street. Submitted By: Joe Leibold, Captain of Police Services 3. Resolution setting date of public hearing as July 10, 2017 to approve a lease agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive for $1.00 for a term ending December 31, 2027. Submitted By: Aric Schroeder, City Planner 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July, 13th, 2017 and date of public hearing as July 17th, 2017 for the FY 2018 Manhole Inspection -Service Areas 10, 11, 12 and 13 and instruct City Clerk to publish said notice. Submitted By: Steven Hoambrecker, Director, Waste Management Services 5. Cancellation of assessment for 711 Kingsley Avenue in the amount of $143.84, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Page 2of232 Submitted By: Kelley Felchle, City Clerk 6. Resolution approving the use of not to exceed $1,475,000 in Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for site grading. Submitted By: Michelle Weidner, Chief Financial Officer 7. Resolution approving the use of not to exceed $100,000 in San Marnan Urban Renewal Area Tax Increment Financing funds for the San Marnan Road Lane Reconfiguration project. Submitted By: Michelle Weider, Chief Financial Officer 8. Resolution approving the use of not to exceed $700,000 in East Waterloo Unified Urban Renewal Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension project in the East Waterloo Unified Urban Renewal TIF district in the area formerly known as MidPort. Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution approving the use of not to exceed $1,500,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds for the construction of public infrastructure in the MidPort Leversee area. Submitted By: Michelle Weider, Chief Financial Officer 10. Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Submitted By: Michelle Weider, Chief Financial Officer 11. Resolution approving the use of not to exceed $60,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the KWWL property acquisition project. Submitted By: Michelle Weider, Chief Financial Officer 12. Resolution approving the use of $50,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development marketing. Submitted By: Michelle Weider, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Matt Chesmore / Jon Martin / Mark Boesen Class/Meeting: Code Inspection for Healthier Homes Destination: Iowa City, IA Dates: July 20, 2017 Amount not to exceed: $430 2. LIQUOR LICENSES a. Catherine Doyle's Pub, 504 Sycamore Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 3/7/2018 b. Dad's Pub, 1106 LaPorte Road Class: C Liquor / Brew Pub w/Outdoor Service Page 3 of 232 New Application Includes Sunday Expiration Date: 6/30/2018 c. El Mercadito, 520 LaPorte Road Class: C Beer Renewal Application Includes Sunday Expiration Date: 5/21/2018 d. Metro Mart #4, 2332 Falls Avenue Class: C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/30/2018 e. Michoacana Meat Market, 1215 Franklin Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/26/2018 f. Olive Garden #1489, 1315 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/28/2018 g. Prime Mart #3, 1008 LaPorte Road Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/12/2018 h. Ramada Inn, 205 W. 4th Street Class: B Liquor Renewal Application Includes Sunday Expiration Date: 4/30/2018 i. Walgreens #10855, 1850 Logan Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/16/2018 3. APPOINTMENTS a. Charles D. Needham Board/Commission: Airport Board Expiration Date: 06/30/2021 New Appointment 4. Bonds RESOLUTIONS 2. Resolution authorizing the City Clerk to certify against certain parcels unpaid weed mowing, snow removal and property clean-ups. Page 4of232 Submitted By: David R. Zellhoefer, Department Head for Code Enforcement 3. Resolution authorizing the City Clerk to certify against certain parcels for unpaid commercial inspection fees and rental property Inspection fees. Submitted By: Kelley Felchle, City Clerk 4. Resolution approving permanent closure to vehicular traffic of the 3800 block of West Shaulis Road with placement of signage and permanent barriers. Submitted By: Paul Huting, Leisure Services Director 5. Resolution authorizing submission of application to Black Hawk County Gaming Association in the amount of $65,000, for lighting replacement at Riverfront Sports Park Diamond #2, bleacher replacement and sidewalk connections from parking areas at Danes and Tibbitts Baseball Complexes. Submitted By: Mark Gallagher, Recreation Services Manager 6. Resolution approving completion of project, recommendation of acceptance of work and release of retainage in the amount of $83,514.96 for work performed by WRH, Inc., of Amana, Iowa at a total cost of $1,670,299.12 for the FY 2014 Belt Filter Press Addition, City Contract No. 869. Submitted By: Steven Hoambrecker, Director, Waste Management Services 7. Resolution approving Agreement with Regions Bank to pave public right of way located at 412 Mulberry Street for beautification purposes. Submitted By: Eric Thorson, PE, City Engineer 8. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. for an amount not to exceed $27,500 in conjunction with the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and authorize Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer 9. Resolution approving contract with Cedar Bend Humane Society for the boarding of domestic animals and injured/sick wildlife taken into the Humane Society by Animal Control officers and Waterloo residents, commencing July 1, 2017 thru June 30, 2020 and authorize Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 10. Resolution approving Federal Aid agreement with Iowa Department of Transportation Project No. STP -U-8155(756)--70-07, to accept federal aid funds for conducting a media, multi -media Children Traffic Safety Awareness Campaign, for the area covered by the Metropolitan Planning Organization, in the amount of $30,000, including the City's share of $7,500, for a total project cost of $37,500, and authorize Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 11. Resolution approving contract with 4C's Consulting, LLC of Waterloo, Iowa for consulting services to conduct a media, multi -media Children's Traffic Safety Awareness Campaign in the amount of $37,000 and authorize Mayor and City Clerk to Page 5 of 232 execute said document. Submitted By: Sandie Greco, Interim Public Works Director 12. Resolution approving the second of two payments for FY 2017 to Greater Cedar Valley Alliance for work towards economic development, in the amount of $14,250 base amount with $10,000 in incentive funds, for a total payment of $24,250. Submitted By: Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS 13. Motion approving Contract Modification No. 1 for a net increase of $139,594.38 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 14. Motion approving Change Order #2 resulting in an increase of $4,500.00 to Via Rail Engineering for additional survey work located near the northeast corner of Northeast Drive and Independence Avenue. Submitted By: Noel Anderson -Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle, CMC City Clerk MEETINGS 4:05 p.m. Council Work Session, Harold E. Getty Council Chambers 5:05 p.m. Boards and Commissions, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Leisure Services Department on the notice of the conclusion of employment for Mark Cutsforth, Crew Leader, effective June 1, 2017, with recommendation of approval of payout of $2,266.85 for unused benefits. 2. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Marty Freshwater, Battalion Chief, effective May 17, 2017, with recommendation of approval of payout of $5,843.26 for unused benefits. Page 6of232 CITY OF WATERLOO Council Communication Minutes of June 12, 2017, Regular Session, as proposed. City Council Meeting: 6/19/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/12/2017 - 1:00 PM ATTACHMENTS: Description Type D Minutes of June 12, 2017 Cover Memo Submitted by: Submitted By: Page 7 of 232 June 12, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 12, 2017. Mayor Pro Tem Welper in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Mr. Powers joined via telephone prior to the start of the meeting. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 145539 - Schmitt/Lind that the Agenda, as proposed, for the Regular Session on Monday, June 12, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145540 - Schmitt/Lind that the Minutes, as proposed, for the Regular Session on Monday, June 5, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Pro Tem Welper read a Proclamation declaring June 17, 2017, as Juneteenth Celebration. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned who keeps the inventory for all city vehicles and asked why it hasn't been turned over to Mr. Dryer, who has asked for it repeatedly. Mr. Chapman added that he is interested in seeing an inventory of all city assets. Mr. Welper explained that the city does keep a record of the inventory. Sandie Greco, Interim Public Works Director, explained that an inventory of all city maintained equipment is kept on file in the Clerk/Finance office. Kelley Felchle, City Clerk, explained that city staff has completed reviewing the report of the vehicle inventory lists, and she will be contacting Mr. Dryer with a copy of the documents. David Dryer, 3145 W. 4th Street, questioned the status of the Flea Market Project. Mr. Welper explained that the developers have a contractual period of time to complete the projects. Paul Huting, Leisure Services Director, provided an update on expenditures relating to ash tree removal. Ron Welper recognized the City Clerk for obtaining the Certified Municipal Clerk designation. 145541 - Schmitt/Lind that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145542 - Schmitt/Lind 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 June 12, 2017, in the amount of $3,021,683.84 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 Pro Tem assigned No. 2017- 438. Page 8 of 232 June 12, 2017 Page 2 2. 2. Resolution approving request from Husein Odobasic for a waiver for a concrete driveway located at 217 Maryland Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-439. 3. Resolution setting date of public hearing as July 10, 2017 and date of bid opening as July 6, 2010 for the Police Department's FY 2018 Ammunition Bids, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-440. 4. Resolution setting date of public hearing as June 26, 2017, for adoption of the FY 2018-2022 Capital Improvements Program for the City of Waterloo, and authorize City Clerk to publish said notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-441. 5. Resolution setting the date of hearing for June 26, 2017 for request by Jason Grimm to purchase a city owned lot located adjacent to 157 University Avenue for $2,000, with Development Agreement. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-442. 6. Resolution setting the date of public hearing as June 26, 2017 for a request by Kwik Trip, Inc for a major site plan amendment in the "M -2,P" Planned Industrial District to allow for the construction of a biodiesel blending facility, located directly west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish pertinent notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-443. 7. Resolution setting the date of public hearing as June 26, 2017 for a request by Prime RE, LLC for a major site plan amendment in the "S-1" Planned Industrial District to allow for the construction of a 12,160 square foot retail commercial building and 71 stall parking lot, located north of 2060 Crossroads Boulevard, and instruct City Clerk to publish pertinent notice. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-444. 8. Resolution setting date of public hearing as June 26, 2017 to approve a lease agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular tower and related equipment on excess right-of-way located near the intersection of West Conger Street and River Road, just east of 310 West Conger Street, and leasing the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for $800 per month. a. b. c. d. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-445. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Black Hawk Tennis Club, 1005 Black Hawk Road B Beer w/Outdoor Service Renewal 5/31/2018 x Flirts Gentlemen's Club, 319 Jefferson Street C Liquor Renewal 6/10/2018 x Kwik Stop 4, 515 Broadway Street B Wine / C Beer / E Liquor Renewal 5/31/2018 x Walgreen's #07455, 111 W. Ridgeway Avenue B Wine / C Beer / E Liquor Renewal 6/16/2018 x 3. Motion to approve application for Fireworks Display by Sunnyside Country Club, 1600 Olympic Drive, on July 4th, 2017 beginning at 10:00 p.m. for approximately 20 minutes. Page 9 of 232 June 12, 2017 Page 3 4. Motion to approve application for Fireworks Display at Riverfront Stadium, 850 Park Road, on June 16, 2017 after the Waterloo Bucks ball game ends lasting approximately 5-10 minutes. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145543 - Schmitt/Lind that proof of publication of notice of public hearing on FY 2017 Iowa Department of Transportation Commercial Service Vertical Infrastructure Program for building improvements to Hangar No. 5, Waterloo Regional Airport, as published in the Waterloo Courier on May 22, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments and there were none. 145544 - Schmitt/Lind that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145545 - Schmitt/Lind that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-446. 145546 - Schmitt/Lind that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Mr. Powers lost the telephone connection as was no longer available. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-447. 145547 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for review. Bidder Bid Security Bid Amount Pella Roofing & Insulation 5% Base Bid: $ 49,775 Vinton, IA Ck. 14038878 Alt. : $16,220 Base + Alt. = $65,995 Modern Builders, Inc. Base Bid: $89,400 Janesville, IA 5% Alt. : $16,545 Base + Alt. = $105,945 Doug Schindel, AECOM, explained the estimates to be $103,375 for the base bid and $113,175 for the base plus alternate. Voice vote -Ayes: Six. Motion carried. 145548 - Lind/Amos that proof of publication of notice of public hearing on FY 2017 Iowa Department of Transportation Commercial Service Vertical Infrastructure Program for building improvements to the General Aviation Terminal Building, Waterloo Regional Airport, as published in the Waterloo Courier on May 22, 2017, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Page 10 of 232 June 12, 2017 Page 4 This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments and there were none. 145549 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 145550 - Lind/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-448. 145551 - Lind/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-449. 145552 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Airport Director for review. Bidder Bid Security Bid Amount Plum Tech, Inc. Waterloo, IA 5% Base Bid: $19,556 Add Bid 141: $16,322 Base Bid +141= $36,878 Doug Schindel explained that estimates to be $8,500 for the base bid and $18,200 for base plus alternate. Voice vote -Ayes: Six. Motion carried. 14145553 - Morrissey/Lind that proof of publication of notice of public hearing on FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, as published in the Waterloo Courier on May 30, 2017, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned how much money the city has saved from switching to a private contractor. Mr. Schmitt requested an overview of the project. Doug Schindel explained that the project is to replace the expansion joints and the ten doors inside the parking garage. 145554 - Morrissey/Lind that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 145555 - Morrissey/Lind that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Mr. Schmitt questioned the status of the parking ramp. Page 11 of 232 June 12, 2017 Page 5 Sandie Greco explained that the ramp is heavily used. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-450. 145556 - Morrissey/Lind that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-451. 145557 - Morrissey/Lind Motion to receive and file and instruct City Clerk to read bids and refer to Manager of Rehabilitation Services/Building Maintenance for review. Estimate: Base Bid: $519,835; Base + Alt. 1: $549,835 Bidder Bid Security Bid Amount McGill Restoration, Inc. Omaha, NE 5% Base Bid: $444,854 Alt. 1 $38,500 Total Base +1= $483,354 Bi -State Masonry, Inc. Davenport, IA 5% Base Bid: $474,965 Alt. 1 $90,000 Total Base +1= $564,965 Merit Construction Svcs Farmington, MN 5% Base Bid: $464,521 Alt. 1 $0.00 Total Base +1= $464,521 E & H Restoration, LLC Davenport, IA 5% Base Bid: $605,700 Alt. 1 $21,000 Total Base +1= $626,700 Westem Specialty Contractors West Des Moines, IA 5% Base Bid: $598,595 Alt. 1 $300,000 Total Base +1= $898,595 Mr. Lind questioned why we did not have a local contractor bid on the project. Doug Schindel explained that the rehabilitation project is specialized and local bidding is limited on the project. Voice vote -Ayes: Six. Motion carried. 145558 - Schmitt/Lind that proof of publication of notice of public hearing on sale and conveyance of 657A property located at 1606 Williston Avenue., as published in the Waterloo Courier on May 30, 2017, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments. Forest Dillavou, 1725 Huntington Road, questioned if the bidder would receive an incentive agreement similar to the Walnut Neighborhood Rehabilitation project, or if they would receive $10,000 at the conclusion of the project. Aric Schroeder, City Planner, explained that the bids would be reviewed based on the Sale of Property Policy. 145559 - Schmitt/Lind that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. Page 12 of 232 June 12, 2017 Page 6 145560 - Schmitt/Lind that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Mr. Schmitt questioned development agreements for 657A rehabilitation. Aric Schroeder, City Planner, explained his understanding of the amendment to the Sale of Property Policy which was recently adopted by council. He commented that he would review this with the Director of Community Planning and Development. Mr. Schmitt questioned if JSA Development was involved in the Scott property. Aric commented he does not believe JSA Development had any involvement in that property. Mr. Lind commented that it would be beneficial to have the Sale of Property Policy included in the agenda item attachments. Mr. Jacobs questioned if the 657A program is available on the city website. Aric Schroeder explained that they have used a variety of different ways to attract potential buyers to 657A properties. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-452. 145561 - Schmitt/Lind Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and Development Director for review. Bidder Bid Security Bid Amount Robert Castro Construction, Inc. 269-0615 Chk.147048 $10,005.00 American's for Independent living Tim Combs — 319-243-9932 Ck. Engineering has in office. $5,000.00 Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 145562 - Morrissey/Schmitt that "Resolution approving acceptance of Black Hawk Gaming Association Grant in the amount of $30,000 for the purchase of a Full Spectrum Imaging System, with $30,000 matching City funds, and authorize Mayor Pro Tem to sign all necessary documents", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the definition of a Full Spectrum Imaging System. Dan Trelka, Chief of Police, explained that it is an advanced technical photography system for processing crime scenes. He further explained that Gaming Association is contributing $30,000, the Sheriff's Department, the County Attorney's Office and the City of Waterloo are all contributing $10,000 from drug forfeiture funds, to help pay for the matching funds. Todd Obadahl, 124 Amity Drive, questioned the amount of funds the city is appropriating to the grant. Dan Trelka explained that the city is responsible for maintaining and utilizing the equipment. Mr. Morrissey explained that $30,000 is coming from the Black Hawk Gaming Association Grant. Page 13 of 232 June 12, 2017 Page 7 Michelle Weidner, Chief Financial Officer, explained that the city is administering the grant and appropriating the funds for the grant. The city will pay the $60,000 bill, and will receive funds from other parties. Todd Obadahl questioned where the reimbursement funds would be placed. Michelle Weidner explained the accounting procedures utilized to account for the grant funds. Mr. Jacobs commented that this is a good example of cooperation of between public entities. Mr. Lind commented that since the city is the lead agency the accounting must pass through us. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-453. 145563 - Morrissey/Schmitt that "Resolution approving Community Garden Agreement, not to exceed three (3) years, with the First Baptist Church and EMBARC, (Ethnic Minorities of Burma Advocacy and Resource Center) to garden four (4) City owned parcels located between 133 and 157 University Avenue and authorize Mayor Pro Tem to execute said agreement", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-454. 145564 - Morrissey/Schmitt that "Resolution approving Agreement with Iowa Department of Transportation for use of city streets to detour traffic from the ramp to US 218 NB at Highway 63/Commercial Street, in conjunction with the US 218 PCC Patching Project, from US 63 to Greenhill Rd. NB (NHSN-218- 7(236)-2R-07)", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-455. 145565 - Amos/Morrissey that "Resolution approving Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in an amount not to exceed $19,500 for services related to the FY 2018 Brock 2nd Addition Sanitary Sewer and Water Main Extension, Contract No. 932, and authorize Mayor Pro Tem and City Clerk to execute said documents", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-456. 145566 - Amos/Morrissey that "Resolution awarding bid in the amount of $49,247.00 to Pat McGrath Chevy, Cedar Rapids, Iowa for two (2) compact pickup trucks for the Engineering Department", be adopted. Roll call vote -Ayes: Six. Motion carried. Jim Chapman, 224 Bertch, questioned if this is an additional truck purchase. Eric Thorson, City Engineer, explained they are replacing the vehicles which are the oldest of the fourteen vehicles used by the department. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-457. 145567 - Amos/Morrissey that "Resolution approving an agreement with Iowa DOT Project No. STP -U-8155(756)--70-07 for conducting a media, multi -media Children Traffic Safety Awareness Campaign, covering the area covered by the Metropolitan Planning Organization in the amount of $37,500 including the City's share of $7,500 and authorize Mayor Pro Tem and City Clerk to execute said document", be adopted. Item tabled for one week. Page 14 of 232 June 12, 2017 Page 8 145568 - Amos/Morrissey that "Resolution approving contract with 4C's Consulting, LLC, of Waterloo, Iowa for consulting services to conduct a media, multi -media Children Traffic Safety Awareness Campaign in the amount of $37,500, and authorize Mayor Pro Tem and City Clerk to execute said document", be adopted. Item tabled for one week. Mr. Lind questioned if the federal aid consultant process was followed. Sandie Greco explained that the process was followed and explained the process. Mr. Lind requested a copy of the documentation for the project he further questioned whether or not 4C's Consulting, LLC would be the best for the project. Sandie Greco, Interim Public Works Director, explained why they chose to go with the consultant. Mr. Schmitt questioned if local bids were received. Sandie Greco explained that no other local bids were received. Randy Herrod, 111 Hyland, questioned if the work is being done separate from the education efforts of the Police and Fire Departments. Sandie Greco explained this is item is for multi -media learning and is accessed on line, however separate from this, efforts continue at the schools with the Police and Fire Department. Mr. Lind questioned if this includes the cost of air time. Sandie Greco explained that air time is not an additional cost. Forest Dillavou, 1725 Huntington Road, questioned the total cost and length of the project. Sandie Greco explained that the city applies for the grant with the IDOT at an 80/20 ratio. Previously approved bond monies will be used and once the grant monies are exhausted the project ends. Mr. Lind questioned why the 20 percent ratio would not come from the operating budget, rather than borrowing through bonds. Sandie explained the funding is not available in the budget. Mr. Jacobs questioned why the bond amount is not $6,000 if it is an 80/20 split. Sandie Greco explained that an error may have been made in the calculations and if the item is tabled for a week, she can review and confirm the amount. Mr. Schmitt asked if timing was a concern. Sandie commented it was not. Mr. Jacobs explained that the math did not work out with the figures provided. Michelle Weidner questioned the amount of the grant in an effort to clarify. 145569 - Schmitt/Lind to table items 11 and 12 for one week. Voice vote -Six. Motion carried. ADJOURNMENT 145570 - Morrissey/Amos that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Six. Motion carried. Page 15 of 232 June 12, 2017 Kelley Felchle, CMC City Clerk Page 9 Page 16 of 232 CITY OF WATERLOO Council Communication Resolution approving request from Trekman Racing to hold the 9th annual Prediction Run on July 19, 2017 at 6:45 p.m. beginning at Singlespeed Brewing and traveling the bike trail to River Road, then returning to Singlespeed via Cedar Street. City Council Meeting: 6/19/2017 Prepared: 6/12/2017 REVIEWERS: Department P olice Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Leibold, Joe Higby, Nancy Action Approved Approved D ate 6/12/2017 - 4:43 PM 6/13/2017 - 1:25 PM Resolution approving request from Trekman Racing to hold the 9th annual Prediction Run on July 19, 2017 at 6:45 p.m. beginning at Singlespeed Brewing and traveling the bike trail to River Road, then returning to S inglespeed via Cedar Street. Submitted By: Joe Leibold, Captain of Police Services Approve Request This is the 9th annual running of this event which has previously been held in Cedar Falls Parks, which require no street closings. Moving it to Waterloo prompted minor street closings and resulted in the late request. Cost with traffic and barricades. General None None Page 17 of 232 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 10, 2017 to approve a lease agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive for $1.00 for a term ending December 31, 2027. City Council Meeting: 6/19/2017 Prepared: 6/9/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 6/13/2017 - 9:53 AM Clerk Office Higby, Nancy Approved 6/13/2017 - 1:21 PM ATTACHMENTS: Description Type ❑ Lease Agreement Backup Material ❑ Aerial Photo Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting date of public hearing as July 10, 2017 to approve a lease agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive for $1.00 for a term ending December 31, 2027. Submitted By: Aric Schroeder, City Planner Approval. Cedar Valley 4 Rent LLC, with Chris Fischels as Managing Member, recently purchased the property at 509 Riverside Drive. The City of Waterloo owns the lot south of 508 Riverside Drive, which was acquired through the Hazard Mitigation Grant Program (HMGP) flood buyout. The City was previously leasing the lot to Darlyne Yagla, the former owner of 509 Riverside Drive. That lease was automatically terminated upon her transfer of title of the adjoining property, and per that lease, Cedar Valley 4 Rent LLC, as the new owner of the adjoining property, has a right of first refusal to lease the property, should the City desire to continue to lease the property. None N/A Land Use The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have Page 18 of 232 Background Information: Legal Descriptions: been added as an exhibit to the lease. Lease of the property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and sidewalk snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. It was previously determined to be most appropriate to lease such lots to an adjoining property owner, and due to the terms of the previously approved lease providing the new owner the right of first refusal, the lot could not be leased to any other party. Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. Page 19 of 232 LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of 2017, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Cedar Valley 4 Rent LLC (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just south of 509 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel no. 891315456003 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of January, 2017, and terminating on the 315E day of December, 2027. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Page 20 of 232 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1St of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the Property or activities of the Lessee, its agents, employees or invitees, 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post the Property (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 Page 21 of 232 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 Page 22 of 232 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO CEDAR VALLEY 4 RENJ'LLC By: B Quentin Hart, Mayor Chris Fisc e , Its Managing Member Attest: Suzy Schares, City Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Quentin Hart and Kelley Felchle to me personally known, who, before by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said Mayor and City Clerk, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STA FE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on this y day of Atilt_ _ , 2017, by Chris Fischels, Managing Member of Cedar Valley 4 Rent LLC. ( 4 lake ( Notary Public Page 23 of 232 EXHIBIT "A" LEGAL DESCRIPTION Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. Page 24 of 232 EXHIBIT "13" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Gra, tor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the iinitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the pity of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R, Part 80, the Grant Agreement, and the State -local Agreement requite that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; Page 25 of 232 camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space adquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A publiie facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A strubture that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NF1P fir damage to structures on the property occurring after the date of the property • settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The regttxest by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Gantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does, not include authority to control and enforce the terms and conditions of this section. 2 Page 26 of 232 iii. If title -to the Property is transferred to a public entity other than one with a conservation mission, it must be convoyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easirment holder's responsibility to enforce the easement. This shall be accomplished by)one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At ;the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property inter`,est to revert to the State, Tribe, or local government in the event that the transferee ceases;to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3, Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant:program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and,the grant award. 4. Enforcement The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Stateywill notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 Page 27 of 232 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability.: Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Frank Aldric 4 GRANTEE City of Waterloo, Iowa By: Title: 6,r,tr ganozv- Page 28 of 232 Lease of City Property South of 509 Riverside Drive CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July, 13th, 2017 and date of public hearing as July 17th, 2017 for the FY 2018 Manhole Inspection -Service Areas 10, 11, 12 and 13 and instruct City Clerk to publish said notice. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Waste Management Reviewer Even, LeAnn ATTACHMENTS: Description ❑ Notice to bidders ❑ Notice of Public Hearing SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Type Cover Memo Cover Memo D ate 6/14/2017 - 10:57 AM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July, 13th, 2017 and date of public hearing as July 17th, 2017 for the FY 2018 Manhole Inspection -Service Areas 10, 11, 12 and 13 and instruct City Clerk to publish said notice. Submitted By: Steven Hoambrecker, Director, Waste Management Services Recommend Approval As part of the Condition Assessment, outlined by the consent decree, it was determined that 876 manholes in Service Area 10, 11, 12 and 13 are in need of inspection. P lans prepared by AEC OM. Estimated $48,500 520-14-5200 2163 This applies to Goal 3, Strategy 3.4 of the City of Waterloo, Strategic Plan 2017-2022. Page 30 of 232 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2018 MANHOLE INSPECTIONS — SERVICE AREAS 10, 11, 12 AND 13 In the City of Waterloo, Iowa CONTRACT NO. 935 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 13th day of July, 2017, until 1:00 p.m. for the construction of the FY 2018 MANHOLE INSPECTIONS — SERVICE AREAS 10, 11, 12 AND 13, CITY CONTRACT NO.935, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 13th day of July, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on July 17, 2017 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK Work of this Contract entails the inspection of 876 existing manholes in the City of Waterloo: Service Area 10 - 346 Manholes Service Area 11 — 347 Manholes Service Area 12 — 140 Manholes Service Area 13 - 43 Manholes The City will provide Plan Sets of each Service Area showing the location of each manhole. The City will also provide a tabulation to document each inspection. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced as soon as possible after the Award of the Contract/Notice to Proceed is issued. Substantial Completion, August 25, 2017 — All inspection data for all accessible manholes shall be entered into the provided Excel Worksheet Tabulation and emailed to AECOM. The data provided shall include notations describing any manholes that cannot be found or opened. AECOM shall create a new City Assistance tabulation with only the manholes the Contractor cannot find or are inaccessible. The City will locate and open all manholes that cannot be found or that are inaccessible; otherwise, those manholes will be removed from the contract. Final Completion, September 15, 2017 — All inspection data shall be entered for the manholes list on the City Assistance tabulation. A time extension shall be granted if the City cannot provide access or locate all the manholes on the City Assistance tabulation by August 25, 2017 NOTICE TO BIDDERS CONTRACT NO.935 AECOM 60543369 Page NB -1 OF 4 Page 31 of 232 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed inspections have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements, are hereby made a part of this notice and the proposed contract by reference shall be executed in compliance therewith. Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #5189523 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $250.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Planholders List which, in turn, may cause the Bidder to not receive addendums or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the Bid Submission. Upon award of the project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. NOTICE TO BIDDERS CONTRACT NO.935 AECOM 60543369 Page NB -2 OF 4 Page 32 of 232 By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in NOTICE TO BIDDERS CONTRACT NO.935 AECOM 60543369 Page NB -3 OF 4 Page 33 of 232 total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred Dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. BIDDER QUESTIONS All Bidder questions shall be directed to the AECOM Project Manager, Chris Oelkers, at christopher.oelkers@aecom.com. Mr. Oelkers will be out of the office from June 26 through July 4, 2017. He will have access to email and will answer questions during this time. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO.935 AECOM 60543369 Page NB -4 OF 4 Page 34 of 232 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2018 MANHOLE INSPECTIONS — SERVICE AREAS 10, 11, 12 AND 13 In the City of Waterloo, Iowa CONTRACT NO. 935 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 13th day of July, 2017, until 1:00 p.m. for the construction of the FY 2018 MANHOLE INSPECTIONS — SERVICE AREAS 10, 11, 12 AND 13, CITY CONTRACT NO.935 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 13th day of July, 2017. at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 17th day of July, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprolects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/prosect-leads/ NOTICE OF HEARING CONTRACT NO.935 AECOM 60543369 Page NPH 1 OF 2 Page 35 of 232 SCOPE OF WORK Work of this Contract entails the inspection of 876 existing manholes in the City of Waterloo: Service Area 10 - 346 Manholes Service Area 11 — 347 Manholes Service Area 12 — 140 Manholes Service Area 13 - 43 Manholes The City will provide plan sets of each Service Area showing the location of each manhole. The City will also provide a tabulation to document each inspection. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 19th day of June, 2017 . CITY OF WATERLOO, IOWA BY: Kelly Felchle City Clerk NOTICE OF HEARING CONTRACT NO.935 AECOM 60543369 Page NPH 2 OF 2 Page 36 of 232 CITY OF WATERLOO Council Communication Cancellation of assessment for 711 Kingsley Avenue in the amount of $143.84, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/14/2017 - 1:36 PM SUBJECT: Submitted by: Cancellation of assessment for 711 Kingsley Avenue in the amount of $143.84, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 37 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $1,475,000 in Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for site grading. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/13/2017 - 9:29 PM Clerk Office Higby, Nancy Approved 6/14/2017 - 9:43 AM ATTACHMENTS: Description Type ❑ Internal Advance Ne Site Grading 2017 Council Comm Cover Memo ❑ Internal Advance Ne Site Grading Resolution Cover Memo Resolution approving the use of not to exceed $1,475,000 in Northeast SUBJECT: Industrial Site Urban Renewal Area Tax Increment Financing District funds for site grading. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds for site grading. Expenditure Required: Not to exceed $1,475,000. Source of Funds: Alternative: Background Information: Tax increment in Northeast Industrial Site TIF District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 38 of 232 CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor QUENTIN HART Council Communication City Council Meeting: June 19, 2017 COUNCIL Prepared: June 13, 2017 MEMBERS Dept. Head Signature: Michelle Weidner, Chief Financial Officer TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Northeast Site Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for site grading in the NE Site TIF district in an amount not to exceed $1,475,000. Summary Statement: Expenditure Required: Not to exceed $1,475,000 Source of Funds: Tax Increment in NE Site Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Projects Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 39 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE NORTHEAST INDUSTRIAL SITE URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Northeast Industrial Site Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including infrastructure improvements for future development of the Northeast Site Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore authorized contracts for site grading in the Northeast Industrial Site Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $1,475,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4688 there has been established the Northeast Industrial Site Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Northeast Industrial Site Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $1,475,000 be advanced from time to time from the Capital Projects Fund in order to pay the costs of Page 40 of 232 the Project. The advance shall be treated as an internal loan from the Capital Projects Fund and shall be repaid to the Capital Projects Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk Mayor CIG -3 Page 41 of 232 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; 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 a 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 day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 42 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $100,000 in San Marnan Urban Renewal Area Tax Increment Financing funds for the San Marnan Road Lane Reconfiguration project City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/13/2017 - 9:30 PM Clerk Office Higby, Nancy Approved 6/14/2017 - 9:43 AM ATTACHMENTS: Description a Council Comm San Marnan Road Lane Reconfiguration a Internal Advance San Marnan Road Lane Reconfiguration Type Cover Memo Cover Memo Resolution approving the use of not to exceed $100,000 in San Marnan SUBJECT: Urban Renewal Area Tax Increment Financing funds for the San Marnan Road Lane Reconfiguration project. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Expenditure Required: Not to exceed $100,000. Source of Funds: Tax increment in San Marnan Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 43 of 232 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 19, 2017 Prepared: June 13, 2017 Dept. Head Signature: Michelle Weidner Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that a resolution authorizing the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $100,000 for consulting and contracting services related to road lane reconfiguration within the San Marnan TIF District. Summary Statement: Expenditure Required: Not to exceed $100,000 Source of Funds: Tax Increment in San Marnan Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 44 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN MARNAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the San Marnan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including improving road lane reconfigurations for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized consulting and contracting services related to the road lane reconfiguration within the San Marnan Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $100,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4956 there has been established the San Marnan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Marnan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $100,000 be advanced from time to time from the Capital Projects Fund in order to pay the costs of Page 45 of 232 the Project. The advance shall be treated as an internal loan from the Capital Projects Fund and shall be repaid to the Capital Projects Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk Mayor Page 46 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 47 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $700,000 in East Waterloo Unified Urban Renewal Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension project in the East Waterloo Unified Urban Renewal TIF district in the area formerly known as MidPort. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/13/2017 - 9:30 PM Clerk Office Higby, Nancy Approved 6/14/2017 - 9:43 AM ATTACHMENTS: Description Type a Council Comm Wagner Road Sanitary Sewer Cover Memo Ca Internal Advance Wagner Road SanitarySewer Constr Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Resolution approving the use of not to exceed $700,000 in East Waterloo Unified Urban Renewal Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension project in the East Waterloo Unified Urban Renewal TIF district in the area formerly known as MidPort. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension project. Not to exceed $700,000. Tax increment in the East Waterloo Unified Urban Renewal Area Tax Increment Financing District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 48 of 232 CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor QUENTIN HART Council Communication COUNCIL City Council Meeting: June 19, 2017 MEMBERS Prepared: June 13, 2017 Dept. Head Signature: Michelle Weidner TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District - former MidPort Area Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for the Wagner Road Sanitary Sewer Extension in the East Waterloo Unified Urban Renewal TIF district in an amount not to exceed $700,000. Summary Statement: Expenditure Required: Not to exceed $700,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 49 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the Midport Business Park; and WHEREAS, in furtherance thereof the City Council has heretofore authorized the Wagner Road Sanitary Sewer Extension; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS,the amount of funds to be advanced for the Project shall not exceed $700,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $700,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital 1 Page 50 of 232 Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 51 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 52 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $1,500,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds for the construction ofpublic infrastructure in the MidPort Leversee area. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Finance Clerk Office Reviewer Weidner, Michelle Higby, Nancy ATTACHMENTS: Description ❑ Council Comm Leversee Area Rail Park Design ❑ Internal Advance Leversee Rail Park Design SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Action Approved Approved Type Cover Memo Cover Memo D ate 6/13/2017 - 9:30 PM 6/14/2017 - 9:44 AM Resolution approving the use of not to exceed $1,500,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds for the construction ofpublic infrastructure in the MidPort Leversee area. Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the construction of public infrastructure in the MidPort Leversee area. Not to exceed $1,500,000. Tax increment in the East Waterloo Unified Urban Renewal TIF District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 53 of 232 CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor QUENTIN HART Council Communication COUNCIL City Council Meeting: June 19, 2017 MEMBERS Prepared: June 13, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District — former MidPort Area Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for Public Infrastructure in the MidPort Leversee Area in the East Waterloo Unified Urban Renewal TIF district, in an amount not to exceed $1,500,000. Summary Statement: Expenditure Required: Not to exceed $1,500,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 54 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site assessment and development for the future development of the MidPort Business Park; and WHEREAS, in furtherance thereof the City Council has previously authorized design and construction of Public Infrastructure in the MidPort Leversee Area; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $1,500,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $1,500,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital -1- Page 55 of 232 Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 56 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 57 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 6/14/2017 - 12:04 PM ATTACHMENTS: Description Type ❑ Council Communication Cover Memo ❑ Internal Advance Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Submitted By: Michelle Weider, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of Downtown Renewal Area Tax Increment Financing funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Not to exceed $160,000. Tax increment in the Downtown Urban Renewal TIF District. The City could use general obligation bonds for the development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 58 of 232 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 19, 2017 Prepared: June 13, 2017 Dept. Head Signature: Michelle Weidner Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Downtown Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that a resolution authorizing the use of Downtown Urban Renewal Area Tax Increment Financing funds to make an economic development grant to Bread to Beer, LLC for the SingleSpeed Brewery project in the Downtown TIF District be approved in an amount not to exceed $160,000. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $160,000 Tax Increment in Downtown Urban Renewal Area N/A Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 59 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property and economic development grants to developers for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized execution of a development agreement and related grant to Bread to Beer, LLC for the SingleSpeed Brewing project to develop property located in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $160,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. 1 Page 60 of 232 Section 2. It is hereby directed that amounts not to exceed $160,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 61 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL City Clerk, Waterloo, Iowa Page 62 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $60,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the KWWL property acquisition project. City Council Meeting: 6/19/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/13/2017 - 9:30 PM Clerk Office Higby, Nancy Approved 6/14/2017 - 9:44 AM ATTACHMENTS: Description Type ❑ Council Comm KWWL Property Acq Cover Memo ❑ Internal Advance KWWL Property Acq Cover Memo Resolution approving the use of not to exceed $60,000 in East Waterloo SUBJECT: Unified Urban Renewal Area Tax Increment Financing funds for the KWWL property acquisition project. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Expenditure Required: Not to exceed $60,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 63 of 232 CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor QUENTIN HART Council Communication City Council Meeting: June 19, 2017 COUNCIL Prepared: June 13, 2017 MEMBERS Dept. Head Signature: Michelle Weidner, Chief Financial Officer TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for the acquisition of property located in the Logan TIF district at 500 E. 4th St. in an amount not to exceed $60,000. Summary Statement: Expenditure Required: Not to exceed $60,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 64 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the East Waterloo Unified Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized execution of a Real Estate Purchase Agreement for the property located at 500 E. 4th St., which property will be included in the future development of the East Waterloo Unified Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $60,000, including closing costs. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. 1 Page 65 of 232 Section 2. It is hereby directed that $60,000.00 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 66 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL DCORNELL/ 569667.1 /MSWord\11310.000 City Clerk, Waterloo, Iowa Page 67 of 232 CITY OF WATERLOO Council Communication Resolution approving the use of $50,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development marketing. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 6/14/2017 - 9:49 AM Clerk Office Higby, Nancy Approved 6/14/2017 - 9:50 AM ATTACHMENTS: Description Type ❑ Council Comm East Wloo Marketing Expenses Cover Memo ❑ Internal Advance East Wloo Marketing Expenses Cover Memo Resolution approving the use of $50,000 in East Waterloo Unified Urban SUBJECT: Renewal Area Tax Increment Financing funds for economic development marketing. Submitted by: Submitted By: Michelle Weider, Chief Financial Officer Expenditure Required: Not to exceed $50,000. Source of F unds : Tax increment in East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 68 of 232 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: June 19, 2017 Prepared: June 13, 2017 Dept. Head Signature: Michelle Weidner, Chief Financial Officer Number of Attachments: 1 SUBJECT: Approval of use of Tax Increment Financing funds for development in the East Waterloo Unified Urban Renewal Area. Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ended June 30, 2017 to finance marketing expenses for economic development for the East Waterloo Unified Urban Renewal Area. Summary Statement: Expenditure Required: Not to exceed $50,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Projects Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 69 of 232 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the East Waterloo Unified Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the East Waterloo Unified Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $50,000 for the year ending June 30, 2017. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $50,000 be advanced from time to time from the Capital Projects Fund in order to pay the costs of the Project. The advance shall -1- Page 70 of 232 be treated as an internal loan from the Capital Projects Fund and shall be repaid to the Capital Projects Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20. ATTEST: City Clerk 2 Mayor Page 71 of 232 CIG -3 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; 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 a 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 day of , 20. SEAL City Clerk, Waterloo, Iowa Page 72 of 232 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 6/19/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 6/14/2017 - 1:17 PM ATTACHMENTS: Description Type D Bonds for Council Approval 6.19.17 Cover Memo SUBJECT: Bonds Page 73 of 232 BONDS FOR COUNCIL APPROVAL June 19, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5100936 BRANDON KOTZ dba KOTZ GENERAL CONSTRUCTION WATERLOO, IA 55199040 JOSE GALVEZ WATERLOO, IA W150281837 LES SPEARE dba SPEARE CONSTRUCTION WATERLOO, IA 2352544 MURGIC CONSTRUCTION LLC WATERLOO, IA Page 74 of 232 CITY OF WATERLOO Council Communication Resolution authorizing the City Clerk to certify against certain parcels unpaid weed mowing, snow removal and property clean-ups. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Code Enforcement Even, LeAnn Approved 6/14/2017 - 10:57 AM ATTACHMENTS: Description Type ❑ December 2015 - December 2016 Assessments Cover Memo SUBJECT: Submitted by: Recommended Action: Resolution authorizing the City Clerk to certify against certain p arc els unpaid weed mowing, snow removal and property clean-ups. Submitted By: David R. Zellhoefer, Department Head for Code Enforcement Requesting Council approval to certify unpaid invoices of weed mowing, snow removal and property clean-ups to the property owner's taxes through Black Hawk County for payment. They are invoices dated, December 2015 through December 2016 in the approximate amount of $84,406.40. 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No ti� o 1%3 :- 44 _ ; 12 4 %� r1+ ,r7,4, - 6, 4S•OLL JS - u VI ^ 65L+ O O o C• 4- iw l LA S 100.00 51 It.00 r « g c.W a b'7 o Kr" a 4 a Q 6 r` .> - _.. Gi Lfl. L.r. O. 6 C, r a LIJ- 3'i _ xr .. C'ti _ - r,} C •� - _ CJ 120 'l r le n 1 Page 93 of 232 SI143 1553 SSV 1VADI91311 IN fit cru C} NJ C- QS'''. 0 „r -4 LJ •'1L No C7 NJ ' '-J '-J Ln Ag FJ O� -CF--C3 -.J -J ..A Of•J �? J -3' l.n Ch Q N' G+ -' --' --' :,a Log --p L{. O -- I C: k• -Y C7 C3 9 -`'4 -a IA C} C✓ Q --1 OD N O --,J } C7 C> I 4 Ln 44' C7 �4 C� h� C} C3 0 —CD -- •4 4L La C7 -F � �.� ' C7 �-1 1 h-: C} O •- -J . G C7 €} -4 I,. II Ch. F'a} --� h -:a C7 C3 C7 a—<5 •4 •4 ,JJ A% .�` FJ ? YL} N rJ C} C� C3 C} C] �.•.C5.�<5..+O -4 '4 •� •-J '-] •-1 S.s F -J NJ 0 Q. ..A O 'h} C7 C} -4 6J hJ C3 -.F C� O aa<3 L4 •4 NJ L.. °C� N {7 C7 -4 •—J N — Z [7 r. w3 1• --1 FA F4 1%. — 11) Cir loo LM. l'%4 NJ 45 NJ 3.4 IN4 -P. 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'-" Cf rp MA I LJ NC .ADI}RESS ate] r 'S]LVLII SFRtNi NI�'I WATER LOO WA']'ER I.UO WATERLOO WATERLOO x WATERLOO ' ".•711 — > WA_ 'L ERLOU WATERLOO . 'WAVE k I.00 E A I Y �. X Lm tD 141 C7 lis C7 M Lil C} am. !jy ly LA Q FJ Jr ) • • 1 NJ, Ln el 4.5 Le,. I.A C7' lil C7 K,o it LI 1 on L.AF C t.F. Lr. ✓. CD --� -tel 41- ten C7 Lo AA rs r3 � wf 4> NJ i .. i.:1; C wJ J7 h5 o NJ — CD F -J hj N C} h3 5 T} .. FlJ -. hl K? AD F.1 4> AD i:1; <5 9LOZI6L.0I C3 ... ST N C7 Ag NJ CD c = AD F- ca } - ND FS 4 o clrm{ W o y — C -, Nr G 1-4 25D WESTERN 1312 WA LK1 R 927 W6III ]303 MAYNARD 1708 BLACK HAWK 24I W?7.H 1113 LEAN/ITT 2846 LAFAYETTF 1 KJ - PO cw 0i lE 308 BAI.T[MORE f 133 ALTA VISTA 1 124 WESTERN Dt n+ - NJ —a Is SJo h��1 r- IN lot 'NEU S'CER FLC709 CALHO9.IN -- 0o- ' ' ; 'p 4 XI 0 0 k$ 1 1 vi Ln ao'�l • J J SL i G ' w 1'. � IJ v 'D }.. }} 1- Lo — .- 911-.36-461.009 8913-26-481-026 00 L.► ,'JAY.. Ln CO, ii3 J eye i.J Q— '0 dm N ' �-F 'D F4 PP qb 14 LJ C} Ch 's SQ 'r. s ^ • 0' LJ AD AD IJ•1 log .L C3 FJ -.� ' NJ AP L 4 •. Ln — +� J J — y G AD (•I-} 1 • . 0' CiU PP NJ 1 C} LA L4 AD A N 1 Sna 106 7J Ln CD CD AD 4% [PARCEL ]A L.ANCI: NUMBER flllF- 1 CD 55 Lam5 {./J Q C VI C7 .5,1. 0' I C' L 3 'J G CD CD ED iv, CD %1" la, C3 4>' ,0 &1 {./J C5 C7 '_ �. Ch 'v'5 C? Lam' Q G"1 i%J {. CD C ? C7 Page 94 of 232 SiN3ASS3SSY 1VACWTEI )441 rif a o w C. 2 \ y R / k 1 f & ƒ > 0 7-7 Ka.) n D d k & 0 / 2m c'¥ \/ kfIv m Lig \ % Micol k / / 7 k r \ Page 95 of 232 CITY OF WATERLOO Council Communication Resolution authorizing the City Clerk to certify against certain parcels for unpaid commercial inspection fees and rental property Inspection fees. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/14/2017 - 1:26 PM ATTACHMENTS: Description Type ❑ Rental and Commercial Assessments for 2017 Cover Memo SUBJECT: Submitted by: Resolution authorizing the City Clerk to certify against certain parcels for unpaid commercial inspection fees and rental property Inspection fees. Submitted By: Kelley Felchle, City Clerk Page 96 of 232 RENTAL ASSESMENTS - 2017 1. MINGO ENTERPRISES 4251/2 WEBSTER 2. SHEEHAN PROPERTY 833 W 2ND ST 8913-24-130-018 8913-26-185-014 COMMERCIAL ASSESSMENTS - 2017 $50.00 $50.00 1. NORTHSIDE AUTO SALVAGE 821 DEARBORN AVE 8912-30-276-004 $100.00 Page 97 of 232 CITY OF WATERLOO Council Communication Resolution approving permanent closure to vehicular traffic of the 3800 block of West Shaulis Road with placement of signage and permanent barriers. City Council Meeting: 6/19/2017 Prepared: 6/12/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Letter of Support a Shaulis Closure Location D Road Closure Signage SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 6/13/2017 - 12:31 PM 6/13/2017 - 1:12 PM Resolution approving permanent closure to vehicular traffic of the 3800 block of West Shaulis Road with placement of signage and permanent barriers. Submitted By: Paul Huting, Leisure Services Director Staff recommends approval of Resolution. John Miller who resides at 4213 West Shaulis Road has contacted Leisure Services staff to request closure of the 3800 block of W. Shaulis Road due Illegal dumping and other undesirable activities at the end of this secluded dead-end road. The road currently leads to a little used parking area for Katoski Greenbelt. The Black Hawk County Conservation Board owns adjacent property and has submitted a letter of support (attached) for the closure. If closure is approved the road would be blocked with New Jersey barriers with appropriate signage. The City of Waterloo Engineering Department has been consulted on this and approves of the planned closure. Leisure Services is working with Public Works to minimize expense of signage and barriers. Any expenditures over $1,000 would be approved in advance by the City Council Finance Committee. CIP This closure supports the City of Waterloo Strategic Plan, Strategy 4.5 - "Maintain City facilities that support quality of place". Attached are documents detailing closure location and proposed signage. Page 98 of 232 BLACK HAWK (OIJIT (OSIRVAIIO BOARD conservation@co.black-hawkia.us www.BiackHawkCountyParks.com April 6, 2017 Waterloo Leisure Services Staff And Mayor of Waterloo and Council RE: Letter of Support for Proposed Closing of Shaulis Road In the interest of maintaining a healthy, safe, and clean greenspaces, the Black Hawk County Conservation Board supports the proposed Shaulis Road Closing west of Black Hawk Creek. It is understood that this proposed closure is in response to concerns expressed by residents along and near Shaulis Road regarding the reoccurring problem of illegal dumping and other activities at the end of this secluded dead end road. Black Hawk County owns and the Conservation Department manages parcels on the south side of Shaulis Road near the proposed closure location known locally as; Black Hawk Creek Greenbelt. This proposed road closure is not expected to have any negative effects on the County owned portion of Black Hawk Creek Greenbelt or its users. The Black Hawk County Conservation Board appreciates you contacting us regarding this proposed road closure prior to implementing the project. Sincer y, oz./ Eric Dowell Black Hawk County Conservation Board, Chair Headquarters Main °llil ke 1346 W. Airline Hwy. Waterloo, IA 50703 (319) 433 -PARK F (319) 433-7276 Hartman Reserve Nature Center 657 Reserve Drive Cedar Falls, IA 50613 (319) 277-2187 F (319) 277-4420 www.hartmanreserve.arg Black Hawk Park* 2410 W. Lone Tree Rd Cedar Falls, IA 50613 Rotary Reserve* 5932 North Union Road Cedar Falls, IA 50613 * not a mailing address Hrrckory Hills Park 3338 Hickory Hills Rd. La Porte City, IA 50651 (319) 342-3350 McFarlarce Park 13619 King Road La Porte City, IA 50651 (319) 342-3844 P ignE+]ttatl.fper sIME x. ore oo. & .rin s t is are. 4*, co co z - dth15013 OVO J 1N3NVIN213d v O x 2 END OF ROADWAY MARKER FABRICATION 3113113U3113 08 0.8 0.8 0.8 3 242 3vS30•1no H.LIM ON3 Otl30 Page 101 of 232 -n m Z m z C o r o n y m 0 n NOLLVTIV!SNI- NV1d �n A-18VOSSV BWVad 000M 76- O 1 N J m n�DO n9 wj n" g2 "' U N , m Yo N a W rn J3'J-2i r �v m nal s n iy.N=: N W N N. '-'1-1 b. .' g m J U i _ C Fa » x d @ m I': a Ja1. N �8D. -»nmd3 ' NmxK miN.b NN vN 9a q v 0x Jg`g ` daQ x3 a_a§mmom gid 3 F. W NN_ °a 8AEma , o V -V NOI.L ES 0 0 pue,(empeol fiupsuca }a 4;plm spnh a = 0 '(pry) ippon u6isap = 4;6uaI apeoweg u,Inwun gd sd 0.� 0C Page 102 of 232 CITY OF WATERLOO Council Communication Resolution authorizing submission of application to Black Hawk County Gaming Association in the amount of $65,000, for lighting replacement at Riverfront Sports Park Diamond #2, bleacher replacement and sidewalk connections from parking areas at Danes and Tibbitts Baseball Complexes. City Council Meeting: 6/19/2017 Prepared: 6/12/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 6/13/2017 - 11:23 AM Clerk Office Even, LeAnn Approved 6/13/2017 - 1:11 PM SUBJECT: Resolution authorizing submission of application to Black Hawk County Gaming Association in the amount of $65,000, for lighting replacement at Riverfront Sports Park Diamond #2, bleacher replacement and sidewalk connections from parking areas at Danes and Tibbitts Baseball Complexes. Submitted by: Submitted By: Mark Gallagher, Recreation Services Manager Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: This application is for a $65,000 grant directed toward a $130,000 project to make the improvements listed above. This application is for a $65,000 grant directed toward a $130,000 project to make the improvements listed above. $65,000 match if required. Matching funds are as follows: $55,000 CIP bonds $10,000 Build our Ballpark funds This project would support Strategic Plan strategy 4.5 to maintain city facilities that support quality of place. n/A Background Information: These potential funds would allow for the improvements listed above. Page 103 of 232 CITY OF WATERLOO Council Communication Resolution approving completion of project, recommendation of acceptance of work and release of retainage in the amount of $83,514.96 for work performed by WRH, Inc., ofAmana, Iowa at a total cost of $1,670,299.12 for the FY 2014 Belt Filter Press Addition, City Contract No. 869. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Waste Management Even, LeAnn Approved 6/14/2017 - 10:56 AM ATTACHMENTS: Description Type ❑ Completion Statement Cover Memo ❑ Maintenance Bond Cover Memo • WRA Lein Release -1 Cover Memo D WRA Lein Release -2 Cover Memo D WRA Lein Release -3 Cover Memo D Belt Filter Press Pay App 11 Backup Material SUBJECT: Resolution approving completion of project, recommendation of acceptance of work and release of retainage in the amount of $83,514.96 for work performed by WRH, Inc., ofAmana, Iowa at a total cost of $1,670,299.12 for the FY 2014 Belt Filter Press Addition, City Contract No. 869. Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Recommend Approval $83,514.96 of total contract amount of $1,670,299.12. 612-14-5320 2163 This applies to Goal 3, Strategy 3.4 of the City of Waterloo, Strategic Plan 2017-2022. Page 104 of 232 A=COM May 11,2017 Mr. Steven Hoambrecker, P.E. Waste Management Services Director 3505 Easton Avenue Waterloo, Iowa 50702 Subject: F.Y. 2014 Belt Filter Press Addition City Contract No. 869 AECOM #60339164 (60300979) Dear Mr. Hoambrecker, By this letter, we hereby state: AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo. Iowa 50703 www aecom com 1. We have made a final review of the project; and to the best of our knowledge and belief, based on observations of City personnel and AECOM staff during construction, the Contractor, WRH, Inc., has performed the work in accordance with the plans, specifications and contract documents in effect for the above -referenced project. 2. The substantial completion date for the project is October 30, 2016, with a final completion date of May 9, 2017. 3. The total cost of the project is $1,670,299.12. 0000liiim i n„,,,'''��, Qi ,. •• .., .../e p .•'• '• F '; : ROSS A. % 0 c W NILLSMAN Z= 12985 ; , > a ,, a W p ����. s °j"""tttitil tutitttt�t������ I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Profession Engine r der the laws of the state of Iowa. t,5 71 1 1 /1'1,Z ROSS A. HILL MAN, PE Dat License No. 12985 My license renewal date is December 31, 2017. Pages or sheets covered by this seal: P 160339164\600 Construct on, Support\620_Correspondence\5-11-17 Be;t Filter Press Addition-CompletionStmnt docx Page 105 of 232 MAINTENANCE BOND Bond No. IAC584437 KNOW ALL MEN BY THESE PRESENTS: That, WRH, Inc. of Amana, IA as Principal, and the Merchants Bonding Company (Mutual) As Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of One Million Six Hundred Seventy Thousand Two Hundred Ninety ($ 1,670,299.12 ) Nine and 12/100 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of F.Y. 2014 Belt Filter Press Addition — Water Pollution Control Facility, City Contract No. 869 in Waterloo, Iowa In conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from the date of acceptance of the work under said contract; and Whereas, the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our Bands and seals this 19th day of May , 2017. WRH, Inc. Principal By: Jamie Rich e President / Business Procurement Merchagts onding Compang utual) Sure Dione R. Young, Atto ney-F-,f t Page 106 of 232 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Anne Crowner; Brian M Deimerly; Cindy Bennett; Craig E Hansen; Dione R Young; Jay D Freiermuth; Jody Decker; Kathleen Brewer; Kevin J Knutson; Lacey Cramblit; Michelle R Gruis; Shirley S Bartenhagen; Stacy Venn; Tim McCulloh of Des Moines and State of Iowa their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of • G ;7= ;y; •A STATE OF IOWA COUNTY OF POLK ss. -••• -0- a7:1: •►-:_ -o- 1;1 :� •z:— 3 v.. n 2003 ' _ • y 1933 : c April 2015 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 8th day of April , 2015, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. `PRtA4S WENDY WOODY z° . ° ,.Commission Number 784654 °I My Commission Expires • June 20, 2017 STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. this In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on 19th day of May , 2017 • s110t44 ,,,,, , POA 0014 (7/14) •'p\ G COCA. ;.o�oRPUq •.y• • •1933 . Secretary •••••. • ��.• • Page 107 of 232 Tata OUT ) RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc 4. Please mail or fax the signed lien waiver. to WRH, Inc. December 5, 2016 The undersigned acknowledges having received payment of Thirty-four thousand two hundred forty-eight dollars and no cents ( $34,248.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) Re c ✓,(147/ t,AL -.Sf)e Cv 02/�C7� (Kind of. Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof, By Title O � ) B.G. Brooke, Inc. 4140 F Avenue NW Cedar Rapi.ds,IA 52405 Page 108 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. February 26, 2016 The undersigned acknowledges having received payment of *27* thousand *459* dollars and no cents ( $*27,459.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By T Title Smit Group, LLC 2340 East 31st Street Davenport, IA 52807 NOTE - Change of Address: Smit Group IIc. 2805 East 43rd Street Davenport. IA 52807 Page 109 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. May 25, 2016 The undersigned acknowledges having received payment of Twelve thousand six hundred eighty dollars and no cents ( $12,680.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax; (319) 22-6095 (Name of Payor) /11/11 j'274O47 i (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,TA 50703 and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnish-. to aid premises prior to the date hereof. By Title v16-P1t"eSid Seepex, Inc. PO Box 951454 Cleveland,OH 44193 Page 110 of 232 09 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. February 26, 2016 The undersigned acknowledges having received payment of *114* thousand *120* dollars and no cents ( $114,120.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 rax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By v /v A01-6 Title v \ CO tk-ii of,1' Seepex, Inc. PO Box 951454 Cleveland,OH 44193 Page 111 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. March 24, 2016 The undersigned acknowledges having received payment of Twenty-two thousand one hundred two dollars and 20 cents ( $22,102.20) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) Z--'--64%-7741c/4L JGt,( C C(7? 4w (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. BY °I"k- Title C. ---4"6C`1,1, Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 112 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. a 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers 1 of corporations and by partners of co -partnerships. \� 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. July 6, 2016 The undersigned acknowledges having receiveu paymenL of Forty-two thousand two hundred forty-six dollars and 02 cents ( $42,246.02) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) for partial payment of .rte e0421 a'7eW by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By 4t11( Title C,04,4-r61r Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 113 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. May 6, 2016 The undersigned acknowledges having received payment of Eighty-one thousand three hundred three dollars and 87 cents ( $81,303.87) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By la170°Z, "41( Title Ct I/\t( Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 114 of 232 AUG/17/2016/WED 09:27 AM Mongan Paint FAX No, 17122250627 P, 001 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1_ This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co --partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN_ 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. August 11, 2016 The undersigned acknowledges having received payment of Saven thousand line hundred thirty -ono dollars and 55 cents ( $7,931.55) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) for partial payment of 44/77/474 \I< f o '0G'it4 by g the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,I.A 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. ilarrid -V" f Title Mongan Painting Co. PO Box 515 Cherokee, IA 51012-7096 Page 115 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. March 14, 2016 The undersigned acknowledges having received payment of One thousand seven dollars and 12 cents ( $**1,007.12) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title //1//< Manatts PO Box 448 Des Moines,IA 50302-0448 Page 116 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of One thousand one hundred forty-five dollars and 94 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) September 9, 2015 $**1,145.94) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to, file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By j fre()OcA Title 6 Manatts PO Box 448 Des Moines,IA 50302-0448 Page 117 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Seven hundred thirty-seven dollars and 62 cents December 4, 2015 $****737.62) from WRH, INC. in full payment of all P.O. BOX 256 —4ve/" AMANA,IA 52203 j j3 Cl.,.; / Fax: (319)622-6095 (Name of Payor) (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By 4,e ,4106Lov---- Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 118 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Three hundred one dollars and 46 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) &c,2.6"/"6 - in c2E7 in full payment of all (Kind of Material or Labor) September 1, 2015 �U $****301.46) 7f/37 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the Undersigned to file mechanics' liens against said premises for labor, skill or material furnished -to said premises prior to the date hereof. BY L 0-10 Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 119 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. February 26, 2016 The undersigned acknowledges having received payment of Twenty-seven thousand dollars and no cents ( $27,000.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all the undersigned to file mechanics' liens or material furnis -• • said premi By Title rights which may have been acquired by against said premises for labor, skill or to the date hereof. MC -2, Inc. 2320 South 156th Circle Omaha,NE 68130-2511 Page 120 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. January 8, 2016 The undersigned acknowledges having received payment of Thirty-eight thousand dollars and no cents ( $38,000.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) /1;/?7, (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnis.-. to said premise .rior to the date hereof. 4. BY— lel / i MAL 'ft.. Title MC -2, Inc. 2320 South 156th Circle Omaha,NE 68130-2511 Page 121 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. June 7, 2016 The undersigned acknowledges having received payment of Twenty-four thousand seven hundred dollars and no cents ( $*24,700.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all �� LT A/476/P by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) 0^hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Scott E. Cardinal Title Controller Komline-Sanderson PO Box 200581 Pittsburgh, PA 15251-0581 Deposit Date: 6/10/2016 Lockbox: 200581 Batch: 293 Transaction: 1 Page 122 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. February 26, 2016 The undersigned acknowledges having received payment of *222* thousand *300* dollars and no cents ( $222,300.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said pr`( reemieas prior to the date hereof. By Scott E. Cardinal Title Controller Konline-Sanderson Po Box 200581 Pittsburgh, PA 15251-0581 Deposit Date: 3/1/2016 Lockbox: 200581 Batch: 214 Transaction: 7 Page 123 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. November 2, 2015 The undersigned acknowledges having received payment of Twenty-six thousand three hundred seven dollars and no cents ( $26,307.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) 4tie 7.-06,//4 (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premi -s prior to the date hereof. By c Title Hutcheson Eng. Products, Inc. 6405 John J Pershing Drive Omaha,NE 68112 Page 124 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4, Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. December 7, 2016 The undersigned acknowledges having received payment of *166* thousand *113* dollars and 54 cents ( $166,113.54) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) "G; /,pc. U/3 in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics` liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. HD Supply Waterworks, Ltd. PO Box 28330 St Louis,M0 63146 Page 125 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. August 24, 2015 The undersigned acknowledges having received payment of Four thousand ten dollars and 43 cents ( $**4,010.43) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) // 9f7 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By }),Lrol; J Title k BMC Aggregates LC PO Box 2277 Waterloo,IA 50704 Page 126 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. November 9, 2015 The undersigned acknowledges having received payment of Thirty-three thousand nine hundred fifteen dollars and no cents ( $33,915.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) for partial payment of 1,5/9#,er AL/676 itW ori ►c"T y the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. / l ' c 2 B� 7 ��. / ��1.�L`4 Title ASPRO, Inc. PO Box 2620 Waterloo,IA 50704 Page 127 of 232 08/05/2016 13:15 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. August 2, 2016 The undersigned acknowledges having received payment of Fifteen thousand eighty-six dollars and 49 cents ( $15,086.49) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) 00.4-74167-0 (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Andy's Plumbing & Heating PO Box 1325 Waterloo, IA 50704 Page 128 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. September 28, 2015 The undersigned acknowledges having received payment of Two thousand one hundred thirty-seven dollars and 50 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) for partial payment of $2,137.50) c. jag CO ib`��6�\ by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished • said premises prior to the date hereof. By Title Andy's Plumbing & Heating PO Box 1325 Waterioo,IA 50704 Z8/I8 39dd BN18wmd S,'GN' Page 129 of 232 Z58E96a8IE 9T:L0 SIOZ/I0/OI RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. November 17, 2015 The undersigned acknowledges having received payment of Two thousand eight hundred fifty dollars and no cents ( $2,850.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) JUdaNy'.gi9c i (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Andy's Plumbing & Heating PO Box 1325 Waterloo,IA 50704 Page 130 of 232 07/11/2016 07:55 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. July 6, 2016 The undersigned acknowledges having_ received payment of Four thousand seven hundred fifty dollars and no cents ( $4,750.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) Jord G'twl%420c-7-o4 (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 --(Street Address -or Legal _Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. Title i Andy's Plumbing & Heating PO Box 1325 Waterloo,IA 50704 Page 131 of 232 05/10/2016 11:12 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. May 6, 2016 The undersigned acknowledges having received payment of Thirty-three thousand nine hundred sixty-one dollars and 55 cents ( $33,961.55) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to By said premises pri.r to the date hereof. Title P Andy's Plumbing & Heating PO Box 1325 Waterloo,IA 50704 Page 132 of 232 03/16/2016 14:23 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. The undersigned acknowledges having received payment of Nine thousand one hundred thirty-one dollars and 97 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) 6 1� J d r1,t,2-0, (Kind of Material or Labor) for partial payment of March 14, 2016 ( $9,131.97) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 . (Street Address or.Legal Description.)._ and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By A.e44"t1.**, c" a Andy's Plumbing & Heating PO Box 1325 "-A64.4t_i Waterloo, IA 50704 Page 133 of 232 03/01/2016 09:16 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the WILL NOT BE ACCEPTED. 1. This is a LEGAL of corporations 2. It is important PAID BE SHOWN. 3. A receipt similar to this or legal required for all plumbing, heating 4. Please mail or fax the signed lien following directions be closely followed as otherwise the receipt INSTRUMENT and must be executed accordingly by officers and by partners of co -partnerships. that ALL the blanks be completed and that the AMOUNT waive of lien rights will be and plastering material, etc. waiver to WRH, Inc. February 26, 2016 The undersigned acknowledges having received payment of Fifty-five thousand nine hundred eighty-two dollars and 77 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) /-l'vil G Jod conrewt,74 (Kind of Material or Labor) for partial payment of ( $55,982.77) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title / Andy's Plumbing & Heating PO Box 1325 Waterloo,IA 50704 Page 134 of 232 01/29/2016 10:41 3192963052 ANDYS PLUMBING PAGE 01/01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. January 26, 2016 The undersigned acknowledges having received payment of Ninety-two thousand six hundred twenty-five dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) • W-- J Bk9T & (Kind of Material or Labor) for partial payment of ( $92,625.00) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 ._4jStreet. Address_ ox Lega1._De.scription) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Ae41--W-doti Andy's Plumbing & Heating PO Box 1325 Waterloo,IA 50704 Page 135 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of One thousand two hundred dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) ke,,e in full payment of all (Kind of Material or Labor) November 23, 2015 $**1,200.00) y%y/ by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Owne ' /Keti.‘ 1°/" American Rebar & Supply LLC 280 50th Avenue SW Cedar Rapids,IA 52404 Page 136 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. May 25, 2016 The undersigned acknowledges having received payment of Two hundred ninety-five dollars and 65 cents ( $****295.65) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. Title Pc -24 -as' il Benton's Sand & Gravel, Inc. 905 Center Street Cedar Falls,IA 50613 Page 137 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. September 21, 2015 The undersigned acknowledges having received payment of Two thousand nine hundred two dollars and 18 cents ( $**2,902.18) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) pC� in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title BMC Aggregates LC PO Box 2277 Waterloo,IA 50704 Page 138 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Two thousand two hundred thirty-nine dollars and 29 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) kgoc. in full payment of all (Kind of Material or Labor) September 28, 2015 $**2,239.29) /3917 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises pr' or to the date hereof. By Title BMC Aggregates LC PO Box 2277 Waterloo,IA 50704 Page 139 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Two hundred seventy-six dollars and 71 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) December 4, 2015 $****276.71) in full payment of all /707/ (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title SP0((t Oktili.( /1 BMC Aggregates LC PO Box 2277 Waterloo,IA 50704 Page 140 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Nine hundred ninety-one dollars and 24 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) September 9, 2015 $****991.24) in full payment of all /CPO by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises pj o to the date hereof. By Title BMC Aggregates LC PO Box 2277 Waterloo,IA 50704 Page 141 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL of corporations 2. It is important PAID BE SHOWN. A receipt similar INSTRUMENT and must be executed accordingly by officers and by partners of co -partnerships. that ALL the blanks be completed and that the AMOUNT 3. to this or legal required for all plumbing, heating 4. Please mail or fax the signed lien waive of lien rights will be and plastering material, etc. waiver to WRH, Inc. October 25, 2016 The undersigned acknowledges having received payment of Two thousand nine hundred twenty-three dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of ( $2,923.00) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal D?scri.ption) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premise prior to the date hereof. e - By 7 Title '.1'Q7 Hutcheson Eng. Products, Inc. 6405 John J Pershing Drive Omaha,NE 68112 Page 142 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. February 16, 2016 The undersigned acknowledges having received payment of Three hundred fifty-three dollars and 48 cents ( $****353.48) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By LA -4/ C9� Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 143 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of One thousand five hundred seventy-one dollars and 58 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) February 26, 2016 ( in full payment of all v (Kind of Material or Labor) $**1,571.58) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By jZ(12/ )( Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 144 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of •Seven hundred eighty-five dollars and 79 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all April 8, 2016 $****785.79) by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 145 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Eight hundred forty-four dollars and 62 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) 4/900 May 25, 2016 $****844.62) in full payment of all "as 40; 7 ff070 f, (Kind of Material or Labor) to (or performed at) by the undersigned delivered or furnished WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all the undersigned to file mechanics' liens Or material furnished to By rig rights which may have been acquired by against said premises for labor, skill said premises prior to the date hereof. /170 Title Manatts PO Box 448 Des Moines,IA 50302-0448 Page 146 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. December 18, 2015 The undersigned acknowledges having received payment of Three thousand four hundred sixty-two dollars and 75 cents ( $3,462.75) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Raete, 1<a/w, Title NfilinAsfrodiVe, Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 147 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. January 19, 2016 The undersigned acknowledges having received payment of Eight thousand nine hundred ninety-one dollars and 75 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of $8,991.75) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Ra -me PStu Title i ill i I/. .I /' ■i .�. Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 148 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS S yea It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. August 11, 2016 The undersigned acknowledges having received payment of Four thousand six hundred seventy dollars and 20 cents ( $4,670.20) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By ct,L Ai( Title -- 1 9-/r- Price -/r Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 149 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. August 26, 2016 The undersigned acknowledges having received payment of Three thousand eighteen dollars and 15 cents ( $3,018.15) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) for partial payment of (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By 144 Title frot °Vv Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 150 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. October 5, 2015 The undersigned acknowledges having received payment of Five thousand five hundred twenty-nine dollars and no cents ( $5,529.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) CC TP/c 6 jadeCe7X,C7X (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By /aPYYzei K(twA Title /Yin al s5-10/717 7t - Price Industrial Electric Inc. 405 N Troy Road Robins,IA 52328 Page 151 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. January 29, 2016 The undersigned acknowledges having received payment of Six thousand seven hundred seven dollars and 95 cents ( $6,707.95) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) i'e 1/2t/6 506 Cta7T��Pc%o� (Kind of Material or Labor) for partial payment of by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title 0- c{ rA&f\°� Service Roofing Co. PO Box 818 Waterloo,IA 50704 Page 152 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc. July 15, 2016 The undersigned acknowledges having received payment of Nine hundred seventy-six dollars and 53 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax:(319)622-6095 (Name of Payor) 120A -/,v6, ._7 £ th Oc,,/<, (Kind of Material or Labor) for partial payment of $976.53) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title 1,—Cck.,,e,Ayer Service Roofing Co. PO Box 818 Waterloo,IA 50704 Page 153 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1 This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. June 7, 2016 The undersigned acknowledges having received payment of One thousand three hundred ninety-five dollars and no cents ( $**1,395.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) /7/44,) 44s in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Smit Group, LLC 2805 East 43rd Street Davenport, IA 52807 Page 154 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. September 9, 2015 Th? undersigned acknowledges having received payment of Four hundred twelve dollars and 96 cents ( $****412.96) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) /7e1“9 -o by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value recei1.ed hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title OkC2 MO -4152 -7 - Team 1 1 ' Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 59-33i 1-n.360 Page 155 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Three hundred sixty-nine dollars and 32 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) to (or performed at) by the October 5, 2015 ( $****369.32) /7?3,73 —0 7-33( undersigned delivered or furnished WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title �j�t� S pal lfirf 1 Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 156 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. November 9, 2015 The undersigned acknowledges having received payment of Eighty-six dollars and 32 cents ( $*****86.32) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all Grf 7/(/6 by the undersigned delivered (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) or furnished and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title )1d7'S/4/(risC� Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 157 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Two hundred ninety-three dollars and 65 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) December 4, 2015 $****29 in full payment of all l 70/7c/ f (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title redt\Gista_A:r Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 158 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Four hundred fifty-three dollars and 60 cents March 4, 2016 $****453.60) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment (Kind of Material or Labor) to (or performed at) of all by the undersigned delivered or furnished WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title ?�f* /Oleg+ Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 159 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Two hundred thirty-one dollars and 80 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) April 29, 2016 $****231.80) c/5"^7 7d' 7c y' ii 6 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title Pzi51 1e4.4 Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 160 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Seven hundred fifty-seven dollars and 30 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) 7e;11724( in full payment of all (Kind of Material or Labor) June 17, 2016 $****757.30) /1"1-7,0- 0 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title (g ---e$ I of "-411- Team Services Inc. 717 SE 6th Street Des Moines,IA 50309-5212 Page 161 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. The undersigned acknowledges having received payment of Two thousand nine hundred fifty dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) November 23, 2015 $**2,950.00) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By rl/ (444/i- CcJli - " � I / Title ��ittw(,L/►L VJ Engineering 2570 Holiday Road Coralville,IA 52241 Page 162 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. January 8, 2016 The undersigned acknowledges having received payment of Two hundred sixty dollars and no cents ( $****260.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all (Kind of Material or Labor) by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. Title VJ Engineering 2570 Holiday Road Coralville,IA 52241 Page 163 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 4. Please mail or fax the signed lien waiver to WRH, Inc., Inc. promptly. June 7, 2016 The undersigned acknowledges having received payment of Three hundred twenty-five dollars and no cents ( $****325.00) from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 (Name of Payor) in full payment of all � 'J%'/d' r Gx-40/9 %/LdUi�� Y undersigned b the undersi delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Title P' i/i/i/117 VJ Engineering 2570 Holiday Road Coralville,IA 52241 Page 164 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state. SHOW UNPAID BALANCE and strike out last three lines. 4. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 5. Please mail or fax the signed lien waiver to WRH, Inc. promptly. The undersigned acknowledges having received payment of Five thousand five hundred ninety-two dollars and 42 cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 in full payment of all (Name of Payor) 3 '7V/7 April 11, 2016 $**5,592.42) A7.it5777 by the undersigned delivered or furnished (Kind of Material or Labor) to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. By Arte4 Title Hempel Pipe & Supply Inc 951 South Rolff Street Davenport, IA 52802 Page 165 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state. SHOW UNPAID BALANCE and strike out last three lines. 4. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 5. Please mail or fax the signed lien waiver to WRH, Inc. promptly. The undersigned acknowledges having received payment of One thousand eight hundred ninety dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 in full payment of all (Name of Payor) awc- (Kind of Material or Labor) September 9, 2015 $**1,890.00) (7/7?2 7 by the undersigned delivered or furnished to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. BY %L7I Title 6-4ic.z rile Iowa Wall Sawing 2600 Quasqueton Blvd Independence, IA 50644 Page 166 of 232 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co -partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state. SHOW UNPAID BALANCE and strike out last three lines. 4. A receipt similar to this or legal waive of lien rights will be required for all plumbing, heating and plastering material, etc. 5. Please mail or fax the signed lien waiver to WRH, Inc. promptly. The undersigned acknowledges having received payment of *3* thousand *325* dollars and no cents from WRH, INC. P.O. BOX 256 AMANA,IA 52203 Fax: (319)622-6095 in full payment of all (Name of Payor) - u IJ/ IV staid&Vr44"2}3y the (Kind of Material or Labor) undersigned to (or performed at) WATERLOO BELT FILTER PRESS Waterloo,IA 50703 May 25, 2016 $**3,325.00) delivered or furnished (Street Address or Legal Description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. Title Personified Inc 326 W 17th St Waterloo,IA 50702 Page 167 of 232 10-15-2016 -11-30-2016 Application Period From (Contractor) WRH Inc - a/k/a Wendler Construction. Inc. Address PO Box 256 Amana, IA 52203 E Contractor's Project No 15-01 1140 Application for Payment Change Order Summary 8 k ry 1 670.299 12 49 49 (el k 0 8 8 51,6 8 c. Total Retainage (Line 5a + Line 5b) k 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) 8 8. AMOUNT DUE THIS APPLICATION 9. BALANCE TO FINISH, PLUS RETAINAGE 8 (Column G on Progress Estimate + Line 5 above) 8 ) 0 § k ■ 2 § NET CHANGE BY CHANGE ORDERS / is recommended by ( e 8 or other - attach explanation of other amount) is approved by 1-6 Funding Agency (if applicable) E2�ghi._6 g-6, 23)� )8› 2/(2 E (0§+\ ! laW |�_,_,q «(!(§w){� 55 4,( Seel (�8|�2,-,-°- a,.gk§ §.II■ §.!l;� 25 ■EfO;f iff -«�=E. `�k�-f!k —ffkms®k )V-ge =2§! . Z;§(§# tiV8 2§4 0°,ƒtt°o§a 22«#£a-®§ ,.�(0 0 5 032t!|!!|2 0, ,|=§e!§ {22)2|i§ 2\S§$/!:N) /(\l�,Ek8 !E■ia g ( Page 168 of 232 0) ca (0 0 W 04euaRs3 ss0a60.1d uoi;eo!Iddd s,iope.quoo Page 169 of 232 NN N N (V N O v o Ul Ul W W W W W N N N N N N N N N 0 0 0 0 0 0 0 0 0.0 .0 O b .0 .0 .0 0 0 0 0 0 0 0 0 0 0 O) (fl . W N - W N 0) (T 43. 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CO Description N (T 4 0)(710000000000000000000000 0 _ —.(CD O) W U) 0 0 W 0 N O) U) W W W U) CO W U) 0 0 0 -I 0 4 0 0 'U) 0 0 0 0 0 0 U) 0 0 0 0 0 0 0 0 0 0 0 (T o A 0 0) 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D O 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 Scheduled Value N U) -.I 0) O 0 _.>_t(CD W 0) W 01 0 0 W 0 N 0) 01 W W W 01 CO W U) 0 0 0 -I 0 v 0 U) O U) O O O O O O U) O o 0 0 0 0 0 0 0 0 0 In O A O 0 0 0 0 0 0 OD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D 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 O O O O O O O O o 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 From Previous Application (C + D) Work Completed 0 O O o o O This Period 0 Application Date: April 27, 2017 I Application Number: 11 0 0 0 Materials Presently Stored (not in C or D) m N U) (D U) �I O) 666666666666666666666666666 0 _, W W — W W 0) W 01 0 0 W 0 N 0) U) W W W 01 CO W U) 0 0 0 -) 0 -I 0 U) O U) O O O o 0 0 n 0 0 0 0 0 0 0 0 0 0 0 (T O A O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O (D 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 0 Total Completed and Stored to Date (C + D + E) T 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 co o 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 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 Balance to Finish (B - F) 0 04euaRs3 ss0a60.1d uoi;eo!Iddd s,iope.quoo Page 169 of 232 Contractor's App Progress Estimate Application Number: 11 Application Date: April 27, 2017 0 Balance to Finish (B - F) O O O o 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 o O O o 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 O 0 L_ o r_ CO 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Completed and Stored to Date (C + D + E) C 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 Ni0 0 0 0 0 0 0 0 0 o M 0 0 0 0 0 0 0 0 0 0 0 o UO) 0 0 (On (i 0 0 U) 0 0 0 0 U) tfi (() cp aM (ci (M ao I: M (O O V (+i r: N (O O ao U) O Ui N ti CO ao ao M r ,- ,- N N N T- T- co .- , ...... N- 0 4 Qi .- d' W Materials Presently Stored (not in C or D) 0.00 Work Completed in This Period O O O IFor (contract): Waterloo Pollution Control Plant Modifications Application Period: 10-15-2016 -11-30-2016 0 From Previous Application (C + D) 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 O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ni 0 0 0 0 0 0 0 O O O U) O O O O O 0 O O O O O O O O O O 0 0 0 0 0 0 0 O O O CO U) 0 0 0 0 0 0 0 0 0 0 U) U) O O U) 0) M O 0 U) U) O O O Ui tri Ui Ti M O U) ('7 a0 I: C7 (0 O N M (: N (O O 00 tri O triN r:aD a0 00 M ,- = N N N .- .- M 419.724.00 m Scheduled Value o o 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 4 0 0 0 0 0 0 0 0 0 o M UO') 0 0 0 0 0 0 0 0 0 0 14) )(O') 0 0 UO) 0) 0 0 (O!) UO) 0 0 0 U) U) U) V' M 0) U) M a0 r M (O O M i: N co" O W U) O U) N I: a0 a0 a0 co ,- N N N T- N- co 419,724.00 Q Item Description cnc ID U) CD C U CoCL o U 7 U) C ` N C CO E a) o 4, Y E m v w - .. E N a) c E o o 't T CO T C CO n 0 p W (0 !n m U L0 To a) _ t_ 0-C 0 c E O O C IsU N o• U) C Q a) En C C E +�+ N a) m U) C .= a) O a 0: 't f0 0 a) 10 C a) O (0 (0 (1) E .0 .O 0 N . >. a) O C q) o °? o c a m e m -- m m a) ,C C C. U) Ul Y a f0 > 7 t= ` E W a) C O > -- ` O C T` a) 2 m a1 0) c, O ..a) O U o E (0 O a) >> m aa) 0 u) o 8 a 0 2 I a v o aci O i5 a a) c `n H U < E u, -o -0 a) a`/ c c -o 2 U) a,.....- m w m o Q v v C� - as C C U m= m O W o a c p rn Ln ai v a� a �)0 I= U E E o V LL m LL 0 rn ,0 ,L ,0 C U a E 0 w u t 16 a) 7 5 f0 o= .- (0 a) C N O O ,— ca ,— w E) a) = > 5 -I<<z o= ao¢mC�=� W W W H2(na(n(nF-U Page Subtotal Specification Division No. 1- N co U) (O (- 00 0) o N N co U) (O ('- a0 0) - N co Nr U) T- CD 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 N M M M M M M M M M M M M (0 (O 6 (O (O (0 (o 6 (O N N N N N N N N N N N N N N N N N N N N N N N M M M CO M M PagE M 9O-. N a) O) 0 a 170 of 232 Contractor's App Progress Estimate Application Number: 11 Application Date: April 27, 2017 Balance to Finish (B - F) 00000000000000000000000000000 00000000000000000000000000000 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 O O U_ o i CO 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 o 0 O Total Completed and Stored to Date (C + D + E) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) O O OCO O N '4) c(0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO N O U) O 6 t` 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0 h N 0) N CO N O 0 U) U) 0 () 0 0 0 0 0 0 0 U) 0 u7 0 u7 ,- 0) (C) CO t` "V N co" CA CO- M co" ll) O V'- O 'V'- O- U) CO id N' U) co" co" M a -- M M V ,:r V' CO CO N c) t• N N 0 r r N r O 0) 0) O 0) 0) 1.670,299.12 W Materials Presently Stored (not in C or D) 0.00 0 O O Work Completed 0 This Period O O O O O O O O 0 O O (7 'For (contract): Waterloo Pollution Control Plant Modifications Application Period: 10-15-2016 -11-30-2016 0 From Previous Application (C + D) O O O O O O O O O O O O O O O O O O U) O 0 000 0) co LO CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (O Ni O U) CA co r` 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) r` N 0) N .- (0 N 0 0 U) U) 0 l() 0 0 0 0 0 0 0 U) 0 U) 0 (O 0) U) (0 r` V' N - - - - - - - _ - _ - - _- - - - _- - - - M a- CO M M U) O O O CC) N N U7 r• CO- M M M r M CO N CO N N 0 .-- •-- V' 990, 999.12 1,670,299.121 CO Scheduled Value 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N CO 0) M M t• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) 0 0 co O N U) a0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UO) Is N 00) V' N t0 CC0 N 0 0 U) (() 0 U) 0 0 0 0 0 0 0 (f) 0 U) 0 U) .— 0) U) (0 N. I- N CO- O) ,- (() M CO- U) O tt 0 0 U) U) N U) ,- r• co co- co" co" M Tr co co N M t` N 0 1- N ,_ N — 0) 0) O 0) 0) N *-- 0) N O (0 Q Item Description CL a) E c' c Ev CL /12o x 3 a) 0 0 N m w a O1 x o m 't T a) Cn a) D) J j ca C co U"J (o 0_ v N C O .. C m (n 1- Q c 0> N CI a cd a2i rn a c as c c am co 2 �- U (n to o f m o m E E = a .. -o CM C 0 CO E c E c D a c c o 0 c Jo o rn 5 co al w* c o m,- a) '� * 0) CD U 0 co m E .o c 2 .o m- '� > V U a) a) c m a) a1)) (c0) `m c E a) r Q a) 0 t_ c0 IL (0 o O m O a 0 0 a)= 1E' co no a 00 c'(n C.) 2V aN0 aciV a)aci D E N'u'n a�0 o T n. 3 0 T c z a 3' c m >` a o) o) w co E o-0 a co N to (0 t_ a °- 0 T 0 0 0 Cn CO O` o a) O` t_ a) -c a) a) 'O a) 7 0..c @ L ¢�aa aoC) Sd(i EdadmaamUOCeQcc(Lac.)OI- Page Subtotal Total Specification Division No. N CO — N CO V' U) CD N- co a) O %- ,- CV M [t U) 0 0 0 0 0 0 0 0 0 0 0 0-- 0 0 0 0 0 N (Ni 0 0 0 0 6 6 6 6 6 6 0 Ti Ti .- N M O O A- 0 CAI Page 171 of 232 CITY OF WATERLOO Council Communication Resolution approving Agreement with Regions Bank to pave public right of way located at 412 Mulberry Street for beautification purposes. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Engineering Even, LeAnn Approved 6/14/2017 - 10:56 AM ATTACHMENTS: Description Type ❑ Pave Parking Request_ Regions Bank_412 Mulberry St Cover Memo SUBJECT: Submitted by: Summary Statement: Resolution approving Agreement with Regions Bank to pave public right of way located at 412 Mulberry Street for beautification purposes. Submitted By: Eric Thorson, PE, City Engineer Attached is a request asking for authorization to hard surface the public right of way with C4 concrete for aesthetic purposes at the Regions Bank at 412 Mulberry Street. The area will not be used for parking or for driveway purposes. Page 172 of 232 CB A Richard Eris May 25, 2017 City of Waterloo Public Street Division Dear Sir: Attached is a request asking for your authorization to hard surface the public right away with C4 concrete for aesthetics purposes at the Regions Bank -- 412 Mulberry Street location in Waterloo, Iowa. Please note that this area will not be used for parking or for drive -way purposes. If you have any questions, please do not hesitate to call me at 618/ 3154862. Respectfully, Larry Hartle Facility Manager Page 173 of 232 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 with AEC OM Technical Services, Inc. for an amount not to exceed $27,500 in conjunction with the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and authorize Mayor to execute said document. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Engineering Even, LeAnn Approved 6/14/2017 - 10:57 AM ATTACHMENTS: Description Type D Cont 918_SupplementalAgreement No. 1 Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Background Information: Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. for an amount not to exceed $27,500 in conjunction with the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and authorize Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer The project consists of the removal and replacement of five(5) gate valves, which outlet into the Cedar River. The project includes removal and replacement of existing gatewell equipment and operators, storm sewer connections, traffic control, and other incidental items for the 2017 Gatewell Repairs project. The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review, materials testing and contract administration during the construction phase for the project defined above. G.O. Bonds Page 174 of 232 AZCOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO 2017 GATEWELL REPAIRS CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated August 1, 2016, for the design survey and final design for the 2017 Gatewell Repairs Project in Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for construction -related services for the 2017 Gatewell Repairs Project. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: Project Description The project consists of the removal and replacement of five (5) gate valves, which outlet into the Cedar River. The project includes removal and replacement of existing gatewell equipment and operators, storm sewer connections, traffic control and other incidental items for the 2017 Gatewell Repairs Project. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 3. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 4. Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 5. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 6. Prepare and assist the Client and Contractor in processing contract change orders. Page 175 of 232 A COM Page 2 Task 7. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 8. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 9. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 10. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 11. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 12. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 13. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 14. Prepare and assist the Client with the final close-out documentation received from the Contractor. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement. Total compensation is an estimated fee of Twenty -Seven Thousand Five Hundred Dollars ($27,500.00) and shall be segregated from the fees in the original agreement. IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated August 1, 2016. Page 176 of 232 A=COM Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: CITY OF WATERLOO, IOWA By: Date Quentin Hart Mayor ATTEST: By: AECOM TECHNICAL SERVICES, INC. By Douglas W. •ch. del, P.E. Associate Vice President O:1Administration'AGREEISUPPLE\SA1 2017 Gatewell Repairs CRS.doc Date June 7, 2017 Page 177 of 232 CITY OF WATERLOO Council Communication Resolution approving contract with Cedar Bend Humane Society for the boarding of domestic animals and injured/sick wildlife taken into the Humane Society by Animal Control officers and Waterloo residents, commencing July 1, 2017 thru June 30, 2020 and authorize Mayor and City Clerk to execute said document. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 6/14/2017 - 10:55 AM Clerk Office Even, LeAnn Approved 6/14/2017 - 10:56 AM ATTACHMENTS: Description Type ❑ Cedar Bend Humane Society Agreement Cover Memo SUBJECT: Resolution approving contract with Cedar Bend Humane Society for the boarding of domestic animals and injured/sick wildlife taken into the Humane Society by Animal Control officers and Waterloo residents, commencing July 1, 2017 thru June 30, 2020 and authorize Mayor and City Clerk to execute said document. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Summary Statement: City of Waterloo and Cedar Bend Humane Society have a very good working relationship regarding the boarding and care of domestic animals and sick or injured wildlife taken in by Animal Control officers and Waterloo residents. Increase of $3.00 per animal from $48.00 to $51.00 for FY2018 Increase of .25 per day (total of .75) for holding period - $51.75 for FY Expenditure Required: 2019 $52.50 for FY 2020. FY 2018 increase is estimated at $4,200. Source of Funds: 525-17-2400-1314 The Cedar Bend Humane society continues to accept, board, care, adopt or Background Information: euthanize all domestic animals and injured/sick wildlife from the City of Waterloo Animal C ontrol officers and residents. Page 178 of 232 AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement for Animal Control Services (the "Agreement") is made and entered into as of the date set forth on the signature page hereof by and between the City of Waterloo, Iowa, ("City") and Cedar Bend Humane Society ("Contractor"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is mutually agreed as follows: 1- General Duties of Contractor. 1.1. Contractor will handle cats, dogs, and other domestic animals (collectively, "Domestic Animals") to the extent of Contractor's resources; provided, however, that Contractor will furnish and maintain competent personnel and adequate facilities and equipment for the housing, shelter, care, quarantine, and disposal of such Domestic Animals pursuant to the ordinances of City and the laws of the State of Iowa pertaining to animal pounds or shelters. 1.2. Contractor will impound and keep Domestic Animals until otherwise disposed of in accordance with the provisions of the ordinances of the City tendered to it or by or from any department of the City. Each animal will be medically examined to determine whether it will be subject to a hold or quarantine or will be euthanized. The Contractor shall fully cooperate with the City's ordinance on micro -chipping animals before owners redeem dogs or cats. 1.3. Contractor shall respond to telephone calls and other communications to it. Contractor shall promptly refer all bite cases or bite reports to the City's animal control department ("Animal Control") for further handling. 1.4. Contractor shall be responsible for the disposition of all animals not claimed by the owner. To the extent feasible, Contractor shall facilitate placement of Domestic Animals with rescue and adoptive organizations. Each such animal that is placed for adoption to a resident of the City of Waterloo shall first be licensed in accordance with City ordinances. Contractor shall be responsible to ensure completion of all licensing documentation required by City, compliance with other requirements of licensing, and payment of the licensing fee. As compensation for such services, Contractor shall be entitled to retain the licensing fee. No less than weekly, Contractor shall forward a copy of all new licensing documents to the City clerk. 1.5. Except as expressly set forth in this Agreement, livestock and wildlife are not covered hereunder, and Contractor has no duties with respect to same except such duties as Contractor may assume from time to time in its sole discretion. 1.6 All services provided by Contractor will be done in compliance with applicable City ordinances and state or federal laws and regulations. In the event of any conflict between City ordinances and this Agreement, City ordinances shall control. Contractor, and all of its personnel and permitted subcontractors, shall be familiar with and have a working knowledge of all relevant ordinances. 1.7. At least monthly, and more frequently if requested by City, Contractor will provide City with a report which includes intakes, action taken, redemptions and other dispositions, and animal numbers. Page 179 of 232 Contractor shall also provide copies of redemptions, licensing contracts, and spay/neuter contracts. City shall have the right to inspect the records of Contractor to ensure that Contractor is and has abided by the provisions of this Agreement. Contractor's report shall be delivered no later than the 10th day of the following month. 1.8. Contractor will provide services under this Agreement between the hours of 8:00 a.m. and 5:00 p.m., seven (7) days per week. For after-hours drop off of stray Domestic Animals by City, Contractor will provide a drop-off area or facility (a "Drop -Off Location") with adequate kennel space, litter and water source. No sick, injured or wildlife animals may be left at the Drop -Off Location. No one is entitled to use the Drop -Off Location other than City. City personnel will be responsible to complete intake documentation provided at the Drop -Off Location by Contractor. City personnel will be responsible to properly lock or otherwise secure the Drop -Off Location upon departure. Contractor will collect animals from the Drop -Off Location each morning. 1.9. The parties acknowledge that City is under contract with the City of Cedar Falls, Iowa, to provide animal control services in Cedar Falls. The parties agree that City's duties with respect to Cedar Falls are covered by this Agreement to the extent that said contract and this Agreement pertain to the same subject matter. Contractor acknowledges and agrees that Cedar Falls does not require animals to be microchipped, spayed or neutered before redemption by the owner thereof, and Contractor shall not microchip, spay or neuter any animal that it knows or is informed belongs to an owner who resides in Cedar Falls. 2 - Confined and Unlawfully At -Large Domestic Animals. 2.1. Contractor agrees to impound and dispose of confined stray and at -large stray Domestic Animals as set forth in this Agreement. The property owner may be asked to sign a Contractor -approved form affirming the animal being delivered does not belong to the property owner, and has not scratched, bitten, or drawn blood while in the property owner's possession. By signing such form, the property owner will not thereby be liable for any actions of the animal that is delivered to Contractor. 2.2. Contractor agrees to provide property owners within the City of Waterloo with live traps for trapping free -roaming cats but not for trapping other Domestic Animals or wildlife. Property owner will be expected to sign a rental agreement and pay any trap rental fee. Property owners will be responsible for bringing trapped animals to the Contractor. Contractor reserves the right to refuse renting live animal traps at its discretion. The City will have no responsibility with respect to any traps rented out by Contractor, but City may also rent out traps on such terms as it deems appropriate. 2.3. Any cat delivered to Contractor in a trap will be treated as a stray and, at the Contractor's discretion, may be held as set forth in paragraph 3.1 or otherwise disposed of. 3 - Holding Periods. 3.1. Except as set forth in paragraph 2.3 above or 3.3 below, Contractor agrees to hold impounded animals for the periods of time, and to issue appropriate notices, as prescribed by applicable ordinances of the City and Cedar Falls, provided that if no other ordinance applies then Contractor shall follow the procedures set forth in Waterloo Ordinance 5-1-13(B) or Cedar Falls Ordinances 6-51 and 6-52. Contractor will attempt to use any identifying information to contact the owner by telephone or mailed written notice. If any such animal is not timely claimed by its owner, the Contractor will be deemed to Page 180 of 232 be the owner of the animal and will have the right to determine the disposition of that animal. If the animal is timely claimed by its owner, the owner will be responsible for all expenses and/or fees incurred by or set forth by Contractor. 3.2 Contractor will inoculate all animals subject to a hold for diseases common to their species. Any animal that is found to be sick or injured beyond the care that Contractor is able to provide, or is not of an age to survive on its own accord, is not subject to any holding period and may be immediately euthanized by the Contractor at its discretion. 3.3. Litters of puppies and kittens will only be held for twenty-four (24) hours, and if not claimed within said time the Contractor will be deemed to be the owner of the animals and will have the right to determine their disposition. A litter consists of at least two animals under the age of four (4) months. 3.4 Cats appearing to be feral will require no predetermined holding period and may be euthanized immediately. As an alternative to euthanizing any feral cat, Contractor at its own expense may alter the animal and release it to the same area in which it was trapped to roam freely, but only after vaccinating it for rabies and tipping one of its ears. 4 - Quarantine and Rabies Requirements. 4.1. Contractor will assist the City in holding stray dogs and cats in bite cases for purposes of quarantine and in holding for quarantine Domestic Animals involved in a bite case that the owner fails to quarantine. Such animals will be held at Contractor's facility or in a home or approved facility such as a veterinarian or licensed boarding kennel (an "Approved Facility"). City will be responsible for communication and recording of all incidents to the Black Hawk County Health Department. 4.2. All applicable fees and requirements will be satisfied in full by the owner before the animal may be redeemed. Such requirements may include, but are not limited to, boarding fees, medical fees that may be incurred while in the Contractor's care, and transport/pick-up fees. 4.3. Quarantine at the Contractor's facility will be at Contractor's discretion. The Contractor will not be responsible for boarding owned animals that have bitten. The Contractor generally will not quarantine animals with known owners, but will board such animals under unforeseen circumstances, which may include, but are not limited to, the owner's refusal to quarantine, the animal is unusually aggressive and poses a direct threat to others, or an uncontrolled situation prevents the owner from being able to quarantine the animal. 4.4. Contractor or the Approved Facility shall hold stray dogs and cats that have bitten a person and drawn blood in quarantine as required by City ordinances. If the Animal is not claimed by its owner within the ten (10) day holding period, the Contractor will be deemed to be the owner and will be responsible and have the right to determine the disposition of that Animal. If the Animal is claimed by its owner within the ten (10) day holding period, the owner will be responsible for all boarding and quarantine expenses incurred and/or other reasonable fees as set by Contractor. City will pay the quarantine fee set forth in Section 6.2 with respect to any animal that is not claimed. 4.5. Contractor is not responsible for having animals tested for rabies, but it will make available information regarding options and fees for rabies testing to any person requesting same. 5 — Conditions to Release. Page 181 of 232 5.1. Contractor shall verify that an animal bears an approved form of permanent identification before release to the owner, as required by Waterloo Ordinance 5-1A-9. Any animal lacking such identification shall be microchipped, and the owner shall pay the reasonable cost of same upon redemption. The requirements of this paragraph do not apply to animals for which Contractor knows or is informed that the owner resides in Cedar Falls. 5.2. Contractor shall verify that an animal has been spayed or neutered before release to the owner, as required by Waterloo Ordinance 5-1A-9. Contractor may release an animal that has not been altered if the owner signs a contract that requires spaying or neutering of the animal, and delivery of proof of completion of same, within 30 days after release. The requirements of this paragraph do not apply to animals for which Contractor knows or is informed that the owner resides in Cedar Falls. 5.3. Contractor shall verify that an animal has been vaccinated for rabies as required by Waterloo Ordinance 5-1A-4 or Cedar Falls Ordinance 6-45. Contractor may release an animal for which proof of timely vaccination cannot be determined if the owner signs a contract that requires the animal to be vaccinated within 7 days after release. Contractor shall provide a copy of any such contract to the city within one (1) day after the owner signs it. 5.4. Contractor shall ensure that an animal is licensed as required by Waterloo Ordinance 5-1A-2 or Cedar Falls Ordinance 6-42. Contractor may release an animal for which licensing cannot be verified to a Waterloo resident if the owner completes all required licensing documentation, complies with other requirements of licensing, and pays the licensing fee. No less than weekly, Contractor shall forward a copy of all new licensing documents and shall remit related licensing fees to the City clerk. Contractor may release an animal for which licensing cannot be verified to a Cedar Falls resident if the owner signs a contract that requires the animal to be licensed within 7 days after release. Contractor shall provide a copy of any such contract to the City within one (1) day after the owner signs it. 6 - Fees. 6.1. During the term of this Agreement, Contractor may charge its current schedule of boarding fees and other fees for services provided with respect to animals that are redeemed by their owners. City shall not be responsible for any fees relating to redeemed animals, except for the $51.00 drop-off fees identified in Section 6.2.5 6.2. During the term of this Agreement, Contractor may charge fees to the City for particular services as set forth below: a. Quarantine for animals that have bitten and are not redeemed by an owner - $150.00 b. Wildlife litter - $51.00 for litter and additional $51.00 for mother that is dropped off at the same time as the litter. c. Stray cats trapped - $51.00 d. 3 -day storage and disposal of dead animal without known owner - $51.00 e. Other Domestic Stray Animal drop-offs by City or public - $51.00 f. Non -Domestic Animal drop-offs by City or public - $51.00 Page 182 of 232 g. Stray Domestic Animal litters —Contractor shall charge a single fee of $51.00 litter for infant cats and dogs that still have their eyes closed, otherwise each animal will be charged individually. The parties acknowledge that during the term of this Agreement each of the parties has or may have a separate agreement for animal control services with the City of Cedar Falls. Fees payable to either party by the City of Cedar Falls shall be the sole responsibility of Cedar Falls and not of either party to this Agreement, shall be billed directly to Cedar Falls by the party to which such fees are owed, and are not covered by this Agreement. 6.3. Nothing in this Section 6 shall restrict the ability of Contractor to charge for vaccinations, microchipping, and other goods or services not specifically identified in paragraphs 6.1 or 6.2. 6.4. Contractor shall collect all pick-up fees required by Waterloo Ordinance 5-1-1 or Cedar Falls Ordinance 6-52 at the time the animal is redeemed and shall forward all amounts to the City at least monthly with an accounting for all fees charged and collected. One pick-up fee shall be collected for each litter, and an additional pick-up fee shall be collected for the litter's mother. 6.5. Contractor shall bill the city a 2% service charge for all pick up fees collected by contractor as identifies in section 6.4. This service charge will be deducted from the amount owed by the contractor to the city each month for pick-up and licensing fees. 6.6. City shall pay all fees for the services of Contractor within thirty (30) days after receipt of Contractor's invoice for same. City is solely responsible for the costs of any veterinary or medical care that is provided to an animal at the express request of City, and either Contractor or the animal's owner will be responsible for all other costs of such care that is not expressly requested by City. Contractor shall not bill City more than monthly. Contractor agrees fees and charges billed to City and an animal owner shall be mutually exclusive of each other that neither City nor the owner will, with respect to any given animal or incident, be billed for the same services. 7 - Miscellaneous Terms. 7.1. Contractor shall commence work under this Agreement at 12:01 a.m. on July 1, 2017 and shall thereafter provide services hereunder until 11:59 p.m. on June 30, 2020 with a yearly increase of $.25 per day (for 3 day hold) each year after, bringing the animal cost to $51.75 for FY2019 and the animal cost to $52.50 for FY2020, unless this Agreement is terminated earlier as provided in paragraph 7.2. 7.2. Either party may terminate this Agreement at any time for convenience upon thirty (30) days' advance written notice to the other party. Before giving notice of termination, the party desiring termination shall consult with the other party in good faith to attempt to resolve any concerns about the other party's performance under this Agreement. 7.3. By this Agreement City appoints, authorizes, and empowers Contractor to enforce City's laws pertaining to animals and animal control and Cedar Falls pertaining to animals and animal control to the extent provided in this Agreement. 7.4. City shall have the right, exercisable from time to time in City's sole discretion, to monitor Contractor's operations in order to assure that such operations are conducted in accordance with the terms of this Agreement. A City observer will not be expected to assist Contractor or to perform any duties for or on behalf of Contractor. Contractor shall fully cooperate with any City observer in good Page 183 of 232 faith and shall provide full access to all reports, data and information relating to the services provided by Contractor, or required to be provided by Contractor, pursuant to this Agreement. 7.5. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid, and addressed as follows: (a) if to City, at 625 Glenwood Avenue, Waterloo, Iowa 50703, Attention: Traffic Operations Superintendent, or designee. (b) if to Contractor, at 1166 W. Airline Highway, Waterloo, Iowa 50703, Attention: Co -Directors. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) two (2) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this paragraph. Reports and other non -notice communications between the parties may be delivered by any commercially reasonable method. 7.6. Contractor agrees to indemnify, defend and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, causes of action, costs, damages, losses, and liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with any act or omission of Contractor, or anyone for whose acts Contractor is responsible, in performing or failing to perform its duties under this Agreement. This paragraph 7.8 shall survive the expiration or termination for any reason of this Agreement. 7.7. To the extent permitted by applicable law, City agrees to indemnify and hold Contractor harmless from any liability based on any claim, demand or cause of action maintained or asserted by any person, firm, association or corporation against Contractor as a result or on account of Contractor wrongfully receiving and impounding any animal from City, so long as Contractor has performed and complied with the terms of this Agreement and applicable City ordinances. 7.8. The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, casualty and liability insurance in the amount of not less than $1,000,000 per occurrence, with minimum limits of $100,000 for property damage, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The city of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. In addition, Contractor shall obtain fidelity bond coverage in the amount of at least $20,000, with a responsible surety company with respect to all of Contractor's employees and agents as may be necessary to protect against losses, including, without limitation, those arising from theft, embezzlement, fraud, or misplacement of funds, money, or documents. Coverage must extend to any losses incurred by the City due to theft, embezzlement, or fraud by Contractor, its employees or agents. Page 184 of 232 A renewal certificate shall be provided to City prior to expiration of any policy. Contractor shall be responsible to insure its own personal property. City may at its own expense procure and maintain additional insurance for its own benefit. 7.9. Contractor may not assign or delegate any of its duties hereunder without the prior written consent of City. 7.10. Each party agrees not to make any disparaging statements with respect to the other party. 7.11. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 7.12. This Agreement shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each.8 7.13. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 7.14. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except by the mutual written agreement of the parties. 7.15. Time is of the essence of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal Control Services by their duly authorized representatives as of , 2017. CEDAR BEND HUMANE SOCIETY CITY OF WATERLOO, IOWA By: By: Karla Beckman, Co -Director Quentin Hart, Mayor By: Attest: Kristy Gardner, Co -Director Kelley Felchle, City Clerk Page 185 of 232 CITY OF WATERLOO Council Communication Resolution approving FederalAid agreement with Iowa Department of Transportation Project No. STP -U- 8155(756)--70-07, to accept federal aid funds for conducting a media, multi -media Children Traffic Safety Awareness Campaign, for the area covered by the Metropolitan Planning Organization, in the amount of $30,000, including the City's share of $7,500, for a total project cost of $37,500, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 6/19/2017 Prepared: 6/7/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 6/7/2017 - 11:54 AM ATTACHMENTS: Description D DOT Project No. STP -U-8155(756)--70-07 Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Cover Memo Resolution approving Federal Aid agreement with Iowa Department of Transportation Project No. STP -U-8155(756)--70-07, to accept federal aid funds for conducting a media, multi -media Children Traffic Safety Awareness Campaign, for the area covered by the Metropolitan Planning Organization, in the amount of S30,000, including the City's share of $7,500, for a total project cost of $37,500, and authorize Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director Approve Resolution This is a federal aid project through Surface Transportation Block Grant Program in the amount of $37,500 - including 20% City match, for conducting a media, multi -media children traffic safety awareness campaign covering the area covered by the Metropolitan Planning Organization. $37,500 $30,000 - IDOT Surface Transportation Block Grant $7,500 - GO Bond This is project is part of the Strategic Plan - Goal 2: Implement a Community Policing strategy that creates a safe environment in Waterloo - Strategy 2.2 - enlist all City departments and staff members to promote a safer community. For more than 10 years Traffic Operations Department has been conducting Page 186 of 232 Background Information: traffic safety awareness campaigns. This is another part of this continuing effort to improve public safety. Page 187 of 232 April 2016 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Program Project Recipient: City of Waterloo Project No.: STP -U-8155(756)--70-07 Iowa DOT Agreement No.: 2-17-STPU-021 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Recipient has received Federal funding through the Surface Transportation Block Grant Program (STP). STP funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal -aid highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 2 Local Systems Engineer. The Recipient's contact person shall be the Mohammad Elahi. 3. The Recipient shall be responsible for the development and completion of the following described STP project: MPO -Wide Traffic Safety Awareness Campaign for Children 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Iowa Northland Regional Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. The Recipient shall pay for all project costs not reimbursed with STP funds. 7. If the project described in Section 3. drops out of the Iowa Northland Regional Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. Page 188 of 232 STP Project Agreement Page 2 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. 11. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 12. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block (City Projects Only) By Date , 20 Title of city official , certify that I am the City Clerk of Waterloo, and that , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of , 20 Signed Date , 20 City Clerk of Waterloo, Iowa County Signature Block (County Projects Only) This agreement was approved by official action of the Black Hawk County Board of Supervisors in official session on the day of , 20 County Auditor Chair, County Board of Supervisors IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date , 20 Robert A. Welper, P.E. Local Systems Engineer District 2 Page 189 of 232 April 2016 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/ publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. f. The Recipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170, g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. ii. The Recipient shall comply with the requirements of I.M. 3.710, DBE Guidelines. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Page 190 of 232 EXHIBIT 1 Page 2 Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2. Programming and Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. Federal Participation in Work Performed by Recipient Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.310, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.810, Federal -aid Construction by Local Agency Forces. c. If the Recipient desires to claim indirect costs associated with work performed by its employees, the Recipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. If approved, the approved indirect cost rate shall be incorporated by means of an amendment to this agreement. 4. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. Page 191 of 232 EXHIBIT 1 Page 3 c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.105, Concept Statement Instructions, 3.110, Environmental Data Sheet Instructions, 3.112, FHWA Environmental Concurrence Process, and 3.114, Cultural Resource Guidelines. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act Guidelines. c. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the procedures in I.M. 3.130, 404 Permit Process, 3.140, Storm Water Permits, 3.150, Highway Improvements in the Vicinity of Airports or Heliports, and 3.160, Asbestos Inspection, Removal and Notification Requirements. d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of- way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, Page 192 of 232 EXHIBIT 1 Page 4 alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and Final Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department iii. Follow the procedures in I.M. 3.730, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to Department. c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I.M. 3.720, Local Letting Process, Federal -aid. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 3.750, Project Development Certifications Instructions. The project shall not receive FHWA Authorization for construction or be advertized for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice the Iowa DOT has concurred in the contract award. 8. Construction. a. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. Page 193 of 232 EXHIBIT 1 Page 5 d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final audit, in accordance with the procedures in I.M. 3.910, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. Page 194 of 232 EXHIBIT 1 Page 6 d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Recipient of the record retention date. e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Page 195 of 232 CITY OF WATERLOO Council Communication Resolution approving contract with 4C's Consulting, LLC of Waterloo, Iowa for consulting services to conduct a media, multi -media Children's Traffic Safety Awareness Campaign in the amount of $37,000 and authorize Mayor and City Clerk to execute said document. City Council Meeting: 6/19/2017 Prepared: 6/7/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 6/7/2017 - 12:06 PM ATTACHMENTS: Description Type a 4C's Consulting Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving contract with 4C's Consulting, LLC of Waterloo, Iowa for consulting services to conduct a media, multi -media Children's Traffic Safety Awareness Campaign in the amount of $37,000 and authorize Mayor and City Clerk to execute said document. Submitted By: Sandie Greco, Interim Public Works Director Approve Resolution 4C's Consulting, LLC of Waterloo, Iowa will be conducting a children traffic safety awareness media, multi -media campaign within the area covered by the Metropolitan Planning Organization. The contract amount is $37,500 and is funded through Federal Surface Transportation Block Grant Program with 20% City match. $37,500.00 $30,000 - IDOT - Federal Surface Transportation Block Grant $ 7,500 - GO Bond This meets Goal 2 - Strategy 2.2 to Implement a Community Policing Strategy that creates a safe environment in Waterloo - to Enlist all City departments and staff members in efforts to promote a safer community. For more than 10 years Traffic Operations Department has been conducting traffic safety awareness campaigns. This is another part of this continuing effort to improve public safety. Page 196 of 232 4C's Consulting, LLC April 17, 2017 Owner Project No. TOF-271 Iowa DOT Project No. STP -U- 8155(756)--70-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, the Owner, located at: 715 Mulberry Street Waterloo, Iowa 50703 Phone: (319) 291-4440 FAX: (319) 291-4094 and 4C's Consulting, LLC, the Consultant, located at: 1408 Oakcrest Dr., Waterloo, IA 50701 Phone: (319) 530-5426 FAX: (319) 833-8193 For the following Project: MPO -Wide Children Traffic Safety Awareness Campaign The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide video production, television broadcast and social medial marketing, and limited public relations services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 21 Page 197 of 232 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 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I - 1 4C's Consulting, LLC April 17, 2017 - Scope of Services - Fees and Payments - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Certification of Consultant - Certification of Owner - Sample Invoice Form - Consultant Fee Proposal Subconsultant Scope and Budget Page 2 of 21 Page 198 of 232 4C's Consulting, LLC April 17, 2017 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: To increase children traffic safety awareness. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: $37,500 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $12,700 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mohammad Elahi 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: A. Denita Gadson 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment Cocoa Creative $12,700 12,700 Lump -Sum - Progressive Invoicing 1.4 Time Parameters 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Phase I. Work will commence with: creating marketing plan to include research to identify messaging to children, appropriate channels to reach target audience, preferably television advertisements and social media; conducting pre -production (create graphics, story boards & mock up; and shooting video. This phase should be completed and accepted in 60 calendar days after receiving the notice to proceed. 2. Phase II. The Consultant begins to execute the plan. The final video, marketing and promotion using social media and offline channels will be completed in a manner acceptable to the Owner on or before September 8, 2017 or 120 days after receiving the notice to proceed. 3. Phase III -Wrap Up. The Consultant will assemble analytics and present a final report. We will prepare a case study of the project with future recommendations. Completion of all work under this agreement shall be on or before October 6, 2017 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin activities until after the Owner has been notified by the Iowa DOT Page 3of21 Page 199 of 232 4C's Consulting, LLC April 17, 2017 that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. 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 both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. 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. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. 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. 2.3 Applicable Law. 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 of 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. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: (mark method selected with an [X]) .1 [ ] Cost Plus Fixed Fee - Attachment C .2 X Lump Sum - Attachment C .3 [ ] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate - Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. 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 or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. Page 4 of 21 Page 200 of 232 4C's Consulting, LLC April 17, 2017 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 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. 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 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement, and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.4 Progress Meetings. 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 Documents. At the request of the Contract Administrator, the Consultant shall furnish Page 5 of 21 Page 201 of 232 4C's Consulting, LLC April 17, 2017 sufficient documents, or other data, in such detail as may be required for the purpose of review. 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then 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." 4.6.2 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 to the project schedule. 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. 4.6.3 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 4.7. The Consultant will allow no more than three modifications culminating in the final version of each phase of the project. 4.7 Extra Work. 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 Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. 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. The Consultant shall not proceed with "Extra Work" without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. 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 beyond the reasonable control of the Consultant. 4.9 Responsibility For Claims And Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors Page 6 of 21 Page 202 of 232 4C's Consulting, LLC April 17, 2017 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 Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 686.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above -referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to 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 the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 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. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Owner to terminate this Agreement at any time and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 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, as identified 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 Maximum Amount Payable. 4.12.3 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. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed Page 7 of 21 Page 203 of 232 4C's Consulting, LLC April 17, 2017 sufficiently to make it clear that the video and subsequent marketing/public relation activities can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice. 4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to utilize any right of set-off. 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. 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 closure of the Federal -aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA 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 as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa. The Consultant will not discriminate on the grounds of race, religion, age, physical disability, color, sex, sexual orientation, or national origin in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 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 obligation under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical disability, color, sex, sexual orientation, or national origin. 4.17.3 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 withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant') agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Page 8 of 21 Page 204 of 232 4C's Consulting, LLC April 17, 2017 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: 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 leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultants obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such 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 Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration 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 or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees 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. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If Page 9 of 21 Page 205 of 232 4C's Consulting, LLC April 17, 2017 retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA may 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 is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and / or 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. 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. By 4C's Consulting, LLC Augu : a Gadson CEO, 4C's Consulting, LLC Date: ATTEST: By Date: By Date: Quentin Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Name Title 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 10 of 21 Page 206 of 232 ATTACHMENT A Scope of Services Project 4C's Consulting, LLC April 17, 2017 The "MPO -Wide Children's Traffic Safety" campaign will begin near the start of summer (2017) and run through early fall (2017). The goal of the campaign is to increase children traffic safety awareness at the local community level. This campaign will bring heightened awareness of the dangers attributed to traffic. The use of online media, out of home digital displays, video production, graphic design, public relations, and print media will be explored and best option selected to reach the target audience. The Consultants will collaborate with local businesses and organizations, creating an opportunity for them contribute to the campaign through cross marketing engagement that will yield financial support to the Cedar Valley Drive Safe program. There will be monthly progress reporting by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Tasks Task 1: Conduct market research and create a marketing plan to include research to identify messaging to children. Research and explore use of mass media, online media, out of home digital displays, video production, graphic design, and print media to select the best option to reach the target audience. Task 2: Contact local businesses and organizations to explore creating an opportunity for them contribute to the campaign through, donated time and service and cross marketing engagement to yield financial support or extend the reach over time of the project. Task 3: Produce monthly progress reports and Invoices and administration work Task 4: Overall management of the project including production, placement of advertisements and marketing programs in local media, news release and publicity, and administrative tasks. Cocoa Creative, the subconsultant, will be handling video production, graphic design, interactive media creative and production, and post -campaign analytics. Page 11 of 21 Page 207 of 232 ATTACHMENT C (referenced from 3.1) Lump Sum 3.1.1 FEES AND PAYMENTS 4C's Consulting, LLC April 17, 2017 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 on a lump sum basis and payment of this amount shall be considered as full and complete compensation for all work, materials and services furnished under the terms of this Agreement. The lump sum amount shall be $ 37,500. The estimated staff hours and fees are shown in Attachment H-1* The lump sum amount will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the lump sum amount will be by Supplemental Agreement. 3.1.1.2 Reimbursable Costs. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the percentage of work completed and substantiated by monthly progress reports. The Contract Administrator will check such progress reports and payment will be made for the proportional amount of the lump sum fee. The Owner shall retain from each monthly payment for construction inspection or construction administration services 0% of the amount due.** Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery, and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement for the balance of the lump sum fee. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 12 of 21 Page 208 of 232 4C's Consulting, LLC April 17, 2017 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. 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. 3. 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 or default. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 Page 13 of 21 Page 209 of 232 4C's Consulting, LLC April 17, 2017 the Federal Government, the department or agency may terminate this transaction for cause or default. 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 statutes 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, Augusta Denita Gadson, CEO of the 4C's Consulting, LLC Company, 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. Subscribed and sworn to this 17 day of April (month) Page 14 of 21 2017 (year) Page 210 of 232 4C's Consulting, LLC April 17, 2017 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Augusta Gadson, am the CEO and duly authorized representative of the firm of 4C's Consulting, LLC, whose address is 1408 Oakcrest Dr., Waterloo, IA 50701 or POB 4128, Waterloo, IA 50704, and that neither the above firm nor I 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 Federalaid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Page 15 of 21 April 17, 2017 Date Page 211 of 232 4C's Consulting, LLC April 17, 2017 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Mohammad Elahi, am the traffic Engineer and the duly authorized representative of the Owner, and that the above consulting firm or his 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 to the 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. Signature Date Page 16 of 21 Page 212 of 232 4C's Consulting, LLC April 17, 2017 Consultant Name Consultant Address Consultant Address ATTACHMENT G Page 4 Lump Sum Progressive Invoice Date Invoice No. Client Project No. Invoice Period Covered County Consultant Job No. Client Project Description Client Contract No. Total Lump Sum Amount [Prime only] Percentage Completed Total Less Amount Previously Billed [Prime only] Total Current Bill [Prime only] Subconsultants Name Name Name Total Current Labor Hours Total Labor Hours Incurred To Date Total Estimated Labor Hours Note: When submitting more than the final invoice on a lump sum project, each progressive invoice shall be identified as a "Progressive Invoice" (as in the above title). Page 17 of 21 Page 213 of 232 4C's Consulting, LLC April 17, 2017 Consultant Name Consultant Address Consultant Address ATTACHMENT G Page 5 Lump Sum Final Invoice Date Invoice No. Client Project No. Invoice Period Covered County Consultant Job No. Client Project Description Client Contract No. Total Lump Sum Amount [Prime only] Percentage Completed Total Less Amount Previously Billed [Prime only] Total Current Bill [Prime only] Subconsultants Name Name Name Total Current Labor Hours Total Labor Hours Incurred To Date Total Estimated Labor Hours Note: When submitting a final invoice on a lump sum project, the final cumulative job cost report should be submitted with the final invoice. Page 18 of 21 Page 214 of 232 4C's Consulting, LLC April 17, 2017 Consultant Fee Proposal — Attachment H Task Description Principal Hour Marketing/PR Specialist Hours Total 1 Conduct market research and create a marketing plan to include research to identify messaging to children. Research and explore use of mass media, online media, out of home digital displays, video production, graphic design, and print media to select the best option to reach the target audience. 24 15 39 2 Contact local businesses and organizations to explore creating an opportunity for them contribute to the campaign through, donated time and service and cross marketing engagement to yield financial support or extend the reach over time of the project. 4 16 20 3 Produce monthly progress reports and Invoices and administration work 2 5 7 4 Overall management of the project including production, placing advertisements and marketing programs in local media, news release and publicity. 20 4 24 Total hours 50 40 90 Compensation Rate /Hour (Includes overhead, fixed fee, direct expenses, etc.) $135 $65 n/a Total Compensation Media Placement Subconsultant $6,750 $2,600 $9,350 $15,450 $12,700 Total Page 19 of 21 $37,500 Page 215 of 232 4C's Consulting, LLC April 17, 2017 ATTACHMENT 1 Page 1 of 2 SUBCONSULTANT SCOPE AND BUDGET Project Number: STP -U-8155(756)--70-07 State of Iowa I hereby certify that 1, Terrence Thames, am the Owner and duly authorized representative of the firm of Cocoa Creative, whose address is Des Moines, IA, and do hereby certify that the below Scope of Services and Subconsultant Budget Proposals are a true and accurate copy of the Scope of Services and Subconsultant Budget. Any changes to the proposed Scope and Budget shall be documented, signed by both the Consultant and subconsultant, and approved by the Contract Administrator. Terrence Thames Signature Page 20 of 21 April 17, 2017 Date Page 216 of 232 4C's Consulting, LLC April 17, 2017 Cocoa Creative Consultant Fee Proposal — Attachment I Task Description Subconsultant Allocated Work Hours Average Hourly Rate Total 1 Pre -Production — Strategy & Research: Research the target audiences, define the design problems, clarify project parameters, set strategies, and agree upon desired outcomes. This will include concepting, scripting, storyboarding, talent, hiring crew/equipment, determine post - production logistics. 40 $100 $4000 2 Creative Exploration & Design Development: Work with the Consultant and the Drive Safe Cedar Valley initiative to develop ideas to visually express the core message. Develop a video and refine design direction for final video and collateral materials. • Production management for final videos are executed, approved, and brought to market. • A social media plan is executed that will include consistent and relevant messaging using text, videos and graphics that are in line with the campaign's strategy. • Oversee all aspects of content management and ensure creatives are working across platforms. 72 $100 $7200 3 Post -Production: Prepare a final presentation for Drive Safe Cedar Valley staff. Analytics will include: • Social media metrics • Online video analytics Report will include feedback from the target audiences and partners, and evaluate the campaign's impact based on the analytics. Ideally, the information may be used to attract future funding for the Drive Safe Cedar Valley campaign. 15 $100 $1500 Total hours 127 $100 Total Subconsultant $12,700 Page21 of 21 Page 217 of 232 4C's Consulting, LLC April 17, 2017 Owner Project No. TOF-271 Iowa DOT Project No. STP -U-8155(756)--70-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, the Owner, located at: 715 Mulberry Street Waterloo, Iowa 50703 Phone: (319) 291-4440 FAX: (319) 291-4094 and 4C's Consulting, LLC, the Consultant, located at: 1408 Oakcrest Dr., Waterloo, IA 50701 Phone: (319) 530-5426 FAX: (319) 833-8193 For the following Project: MPO -Wide Children Traffic Safety Awareness Campaign The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide video production, television broadcast and social medial marketing, and limited public relations services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 21 Page 218 of 232 CITY OF WATERLOO Council Communication Resolution approving the second of two payments for FY 2017 to Greater Cedar Valley Affiance for work towards economic development, in the amount of $14,250 base amount with $10,000 in incentive funds, for a total payment of $24,250. City Council Meeting: 6/19/2017 Prepared: 6/15/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D GCVA payment 2017 SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Anderson, Noel Felchle, Kelley Action Approved Approved Type Cover Memo D ate 6/15/2017 - 12:18 PM 6/16/2017 - 3:07 PM Resolution approving the second of two payments for FY 2017 to Greater Cedar Valley Affiance for work towards economic development, in the amount of $14,250 base amount with $10,000 in incentive funds, for a total payment of $24,250. Submitted By: Noel Anderson, Community Planning & Development Director Approval of payments, as requested. As per the City Council's agreement with the Greater Cedar Valley Alliance (GCVA) for economic development actions, the GCVA can request the base payment plus additional; payments for work performed and tax base and jobs created. The City Council recently had a Work Session to go through the update from Greater Cedar Valley Affiance economic development activities. The request for payment is based on the agreement stipulations for tax base related, jobs created, etc. The agreement calls for a payment of $28,500 — in payments of $14,250 at December and June — for the following work efforts: - - Business expansion and recruitment - - Encouraging startup of businesses - - Workforce recruitment and coordination - - Advocacy in Des Moines and Washington DC - - Improving the "Brand" through marketing, promotions, web presence, and attendance at major conferences There is also a potential $56,500 in additional incentives for work towards - - acres of new development ($1,000 payment for each acre with at least 10,000 sq. ft. upon the site) Page 219 of 232 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: - - amounts of taxable value ($1,000 per new $250,000 of taxable value) - - new full times jobs created ($2,500 per new full time equivalent paying at least $15.63 per hour) - - Up to $5,000 per quarter for work in: solicitation to new companies, contacts with existing companies for expansion, inquiries from new companies, calls, contacts, leads, prospects, conferences, data bases created and/or posted, and efforts to network to bring new companies and jobs to Waterloo. All documented through a report and potential presentation to city and at end of agreement period. $14,250 base, with $10,000 in incentive expenses, for a total of $24,250. bonds and TIF cash Economic Development NA The City of Waterloo has had a partnership for economic development efforts with Greater Cedar Valley Affiance in one form or another since 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. Page 220 of 232 G R E A T E R CEP/ /ALLEY ALI.IANCE & CHAMBER RE PART Of SOMETHING GREATER THE CEDAR VALLEY OF IOWA May 31, 2017 Mr. Noel Anderson Director of Planning City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Noel: Attached is a funding request covering the last two quarters of FY2017. The funding request was calculated based on the FY2017 Economic Development Grant agreement between the Greater Cedar Valley Alliance and the City of Waterloo, Iowa. FY2017 Base Payment $14,250.00 FY2017 Incentive Request (December 2016 -May 2017) $10,000.00 Total Requested Payment $24,250.00 Please let me know if you have any questions or need additional documentation. Thank you for your continued partnership. Sincerely, Steven J. Dust President/CEO cc: Mayor Quentin Hart 360 Westfield Ave, Suite 200, Waterloo, IA 50701 • Ph: (319) 232-1156 • Fax: (319) 233-4580 www.cedarvalleyalliance.com Page 221 of 232 G R E A T ALLIANCE & CHAMBER tr E CERAR Y OFRIOWA 360 Westfield Ave, Suite 200 DATE: May 31, 2017 Waterloo, IA 50701 Phone 319-232-1156 Fax 319-233-4580 FOR: Investment Bill To: Mayor Quentin Hart City of Waterloo 715 Mulberry Street Waterloo, IA 50703 DESCRIPTION FY2017 Base Payment Request (January 2017 -June 2017) FY2017 Incentive Request (December 2016 -May 2017) AMOUNT $14,250.00 $10,000.00 TOTAL Make all checks payable to Greater Cedar Valley Alliance 24,250.00 Page 222 of 232 lliance & Chamber m Active Existing Business Projects by Waterloo companies. co g o O •3 �03 cn - • - ccnn a) O© -1 v 18 IS) O , VW :� o el o cn ••° e a� +�+ 0© o r' c O U o Q. •-i 0 -.0 et V •+ w p bA ¢ v cn g 2 o a)et bA o o g y V•- iV-i N y �O res 7113 a) X E w bA ^' �" ccn ccn 45 m D a) ezt �" 1 W m N Pi ea rg "Zt "0 V V a) x O� 4 .� 3 V O •a 03 E u, mt 1? N et 0 cn O 3et Q.) V .2r... V 0 Vt11a) V '" '" u) 0^_ O _et r-1 1 e V" O V et n P.. el cn, O Lf) m a) o mo a) Lri7 v� —O O 0. cn +' Eli cn Ucn tea, °�,' a) o o o E 0 . � �p. b3 u 0 - a1 O u -ci 73 � ���� �~czt 0 a) O u U 3 ° o ! a C7 ti 73 0 0 U, •• , ° • • C7 a U a With a total maximum not to exceed to $20,000 Page 223 of 232 a) O (,cn o i-tO a) a) • V ,+V+ g, a, C7 %4-1 a) 0 a) _� N ,-i O Z V cn �, O N V by t� I V %4-1• ti iti '"C$ 1 — +, cn O .1-. et +V+ O w a) cn 11 O V ¢, LV et a) 0 V bA Vj X V 1.4 O ,a, V V bA , - Q) cn V w r{ cf.) -n a) Q • O et ^O O co cn et -1• O t w `n "c$ -g r •- v V cn 4 et U O 3 •,- o cn r OIl '"C$O N cn •- - 1 - V r� �, O V ea V •� iti V •et y •� �. iti 1E • O 'vtO � nZt V a) et ccnn ccnn 4 w 0 ¢,, 't a) `.0 —4. �, ;4. N V •cn a)U n P* cA E H V V Marriott Courtyard to be open Fall 2017. r-1 CO N N W -• cn O `4 N m r-1 a) 4 0 0 .4-0• '� cn u- ezO et O cncn -F+O 714 •- 0 V cn O et 4 D a) 1E r; 4 a) bA a) g 0 g 'LiO cn O O g V O :� •', 14 V) a) © et E Z O � O O N r-1 � Lease preparation underway for tenant on 3rd floor of Tech 1. 06. o � o V ii V o "" bA — g V O • V a) E - a) nzt a) V a) •- ":1 cn (3) PO 0 et 0 a) ii i-0 O Q, bA •A g I ) • r-1 Requesting $5,000 each quarter @ 2 quarters = $10,000 O N N O Q H cn W0? W ot z cn 0 4 Wa 41-1 0 0 H Page 224 of 232 CITY OF WATERLOO Council Communication Motion approving Contract Modification No. 1 for a net increase of $139,594.38 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/19/2017 Prepared: 6/14/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 6/14/2017 - 11:22 AM Clerk Office Even, LeAnn Approved 6/14/2017 - 1:07 PM Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Submitted By: Dennis Gentz, PE, Assistant City Engineer Approve Contract Modification No. 1 To complete the reconstruction of E. 4th Street from Walnut Street through Dane Street in 2017 to accommodate traffic using E. 4th Street as an alternate route during the reconstruction of US 63 in 2018 and 2019. This would add the reconstruction of the 1100 block of E. 4th Street from the North PTR of Roby Lane (formerly known as vacated Saxon Street) to the North PTR of Dane Street. Local Option Sales Tax Funds US 63, between Franklin Street and Newell/Conger Street, will be under construction during the 2018 and 2019 construction seasons. During this time a lot of traffic is expected to use E. 4th Street as an alternate route. Completing this block of E. 4th Street in 2017 will avoid it being closed during the US 63 project. Also the unit prices for this work to be done with the FY 2017 Street Reconstruction Program, Contract No. 921, are favorable to the City. This segment of E. 4th Street was proposed to be reconstructed in 2018. Page 225 of 232 CITY OF WATERLOO Council Communication Motion approving Change Order #2 resulting in an increase of $4,500.00 to Via Rail Engineering for additional survey work located near the northeast corner of Northeast Drive and Independence Avenue. City Council Meeting: 6/19/2017 Prepared: 6/15/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Higby, Nancy Approved 6/15/2017 - 12:02 PM ATTACHMENTS: Description Type ❑ Change Order Contract with Via Rail Backup Material Submitted by: Recommended Action: Summary Statement: Expenditure Required: Submitted By: Noel Anderson -Community Planning and Development Director Motion approving Change Order #2 resulting in an increase of $4,500.00 to Via Rail Engineering for additional survey work near the northeast corner of Northeast Drive and Independence Avenue. The change order is for topographic surveying for an additional 40 acres of land the city owns. This site has seen interest by companies looking to locate within or near the Northeast Industrial Park and the additional work will be beneficial for future development to assist companies with development options. The original contract included the data gathering, mapping, master pan criteria and concept layout, CN coordination (rail), conceptual master plan and presentation along with preliminary engineering and ALTA survey for the north 20 acres of this general area. The requested 40 acres of survey work is in addition to the original 20 acres. Source of Funds: Northeast Industrial TIF Policy Issue: Economic Development Page 226 of 232 IA RAIL IN ENGINEERING Project Description: City of Waterloo, IA Via Rail Project No.: 16WCPD01 TO: Adrienne Miller Planner II Economic Development Specialist City of Waterloo Community Planning & Development Department Cc: Brian Denmark, Michelle Wotachek FROM: Dan "Guido" Guido PREPARED BY: Brian Denmark, AICP MEMO June 15, 2017 Subject: Change Order Request No. 3 -- Revision #2 Ms. Miller, Please accept this memo as our request for a change order for the City of Waterloo, IA to provide continued rail design consulting services by providing additional topographic survey as requested. If you recall, an earlier change order was submitted to you; however, the scope of work was already in progress and the change order was no longer needed. With the new scope of work and. additional survey requested, I have revised the previous change order as a revision to your current request. Previous Contract Summary: Propose Task Description Fees 1 Original Contract: Data Gathering, Mapping, Master Plan Criteria and Concept $4,500 TOTAL: Layout, CN Coordination, Conceptual Master Plan and Presentation $ 14,300 2 Change Order #1: UP Rail Access, Preliminary Engineering and QTO/OPCC $ 19,550 3 Change Order #2: Topographic Survey, Boundary Survey & Plat of Survey Boundary/Topo Combined for ALTA and Project Management $17,750 Total Fees: $ 51,600 Task Description Fees 2 Additional Topographic Surveying $4,500 TOTAL: $4,500 Page 227 of 232 Via Rail Engineering: City of Waterloo Change Order No. 3 -Revision #1 Page 12 Justification: Via Rail Engineering will subcontract surveying services as per your email request on June 12, 2017 stating: "Wandering if you would be able to have Shive Hattery do additional topo work for the project. They are wanting to acquire an additional 5 acres to the south of the current 20 acres in order to accommodate drainage for the project and also to allow for a future expansion. As of now it is only topo work they are requesting and are on a tight timeline for the work to be done. They indicated that the work will need to be done by the end of next week so please let me know if you (and Shive Hattery) are able to accommodate this timeline." There was a change in scope whereby the acreage was increased from five to approximately 40 acres as per your direction and this revised change order reflects the additional work necessary to complete topographic survey. Survey work will commence immediately and be complete prior to your requested deadline. Deliverables Topographic Survey Map, 11x17" formatted full color PDF No additional due diligence or design engineering services beyond additional topographic surveying is included. Additional design engineering services may be considered by an additional change order. VIA RAIL WILL NOT EXCEED THIS ESTIMATE WITHOUT PRIOR WRITTEN CONSENT BY THE CITY OF WATERLOO. To approve this change order request please complete the bottom portion, scan, and email back. Should you have any questions or require clarification please call me at (682) 429-2298. Thank you. Accepted by: Print name: Title: Date: Page 228 of 232 CITY OF WATERLOO Council Communication Communication from the Waterloo Leisure Services Department on the notice of the conclusion of employment for Mark Custforth, Crew Leader, effective June 1, 2017, with recommendation of approval of payout of $2,266.85 for unused benefits. City Council Meeting: 6/19/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 6/9/2017 - 10:13 AM Clerk Office Higby, Nancy Approved 6/13/2017 - 1:26 PM ATTACHMENTS: Description Type ❑ Mark Custforth Payout Cover Memo SUBJECT: Communication from the Waterloo Leisure Services Department on the notice of the conclusion of employment for Mark Cutsforth, Crew Leader, effective June 1, 2017, with recommendation of approval of payout of $2,266.85 for unused benefits. Submitted by: Submitted By: Page 229 of 232 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department leisure Services Today's Date: 6/8/2017 Effective Date: 6/1/2017 Employment Date: 10/7/1981 Job TitlelClassification Crew Leader This is to report that the employment of Mark Custforth with the City of Waterloo has been severed by reason of: 0 Retired Disability Related 0 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, It is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 83 $ 26.60 $ 2,207.80 Vacation -Current 0.22 $ 26.60 $ 5.85 Usable Sick Leave 8 $ 26.60 (x) 25% $ 53.20 Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay $ Unscheduled Leave $ - Other Pay $ - Total Payment $ 2,266.85 Approved by Human Reso 7:ces Date Date AR\ 1 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: D Accruals EStatus ❑-9 Updated 6/28/11 Page 230 of 232 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Marty Freshwater, Battalion Chief, effective May 17, 2017, with recommendation of approval of payout of $5,843.26 for unused benefits. City Council Meeting: 6/19/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 6/9/2017 - 10:16 AM Clerk Office Higby, Nancy Approved 6/13/2017 - 1:26 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Marty Freshwater, Battalion Chief, effective May 17, 2017, with recommendation of approval of payout of $5,843.26 for unused benefits. Submitted by: Submitted By: Page 231 of 232 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: Effective Date: Employment Date: Job Title/Classification Battalion Chief 31 -May -17 17 -May -17 16 -May -89 This Is to report that the employment of Marty Freshwater 10419) with the City of Waterloo has been severed by reason of: Li Retired Disability Related d No El Yes D Resigned ❑ Termination O Other In accordance with City Policy, it Is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 108.09 $ 34.40 MI $ 3,718.30 Vacation -Current Ellallifi $ 34.40 _ $ 1,651.20 Usable Sick Leave -1121111111.1111111=M $ 203.04 Frozen Sick Leave MM.(x) 60% $ - Personal Hours _10111111. Comp Time Pay 1.11111111.1111M111111111EME Leave 1111111111111.111111111111_ $ - Holiday 8 $ 33.84 $ 270,72 Tota Payment $ 5,843.28 Approved by \ Human Resources Date (c) /4 it? Date U 1% 1 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy In Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals DStatus 0-9 Updated 6/28/71 Page 232 of 232