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Council Packet - 7/17/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, July 17, 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 280 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Greg Ahlhelm, Building Official Agenda, as proposed or amended. Minutes of July 10, 2017, Regular Session, as proposed. Recognition of Mark Lane for 30 Years of Service. Recognition of Jon Martin as the July 2017 Team Member of the Month ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council Monthly Reports Submitted By: 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 preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program. Submitted By: Sandie Greco, Interim Public Works Director 3. Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean up programs. Submitted By: Sandie Greco, Interim Public Works Director 4. Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., and setting date of bid opening as August 10, 2017 and the date of public hearing as August 14, 2017, for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems, Contract No. 929, and instruct City Clerk to publish said notice. Submitted By: Steven Hoambrecker, Director, Waste Management Services 5. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and conveyance of city owned property located northwest of 1318 Martin Road, in the Page 2 of 280 amount of $1.00, to Cardinal Construction, Inc., including a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Request by Grace Reformed Church for a variance to the Noise Ordinance on Sunday, August 20, 2017 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford Streets. Submitted By: Joe Leibold, Captain of Police Services 7. Request by Kevin McBride of Waterloo Worship Center for a variance to the Noise Ordinance from August 4-6, 2017 from 7:00 p.m. to 9:30 p.m. for the "Hope Fest 17" event to be held at Elk's Memorial Park, located at the corners of Wellington Street, Belmont Avenue, Norimer Street and Randall Street. Submitted By: Joe Leibold, Captain of Police Services 8. Resolution authorizing the fund transfers outlined below to comply with state law: TO ;FROM AMOUNT PURPOSE General Fund Trust & Agency $413,394.93 Employee benefits Fund Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Keith Kaspari, Director of Aviation Class/Meeting: 4 -States Airport Conference (Former FAA Central Region Conference) Destination: Kansas City, MO Dates: August 28-30, 2017 Amount not to exceed: $800. b. Officer Wertz Class/Meeting: Precision Driving Instructor Certification Destination: Des Moines, IA Dates: July 31- August 4, Amount not to exceed: $897.65 2017 c. Lt. Ferguson, Fire Marshal (REVISED) Class/Meeting: Illinois IAA! Training Conference (International Association of Arson investigations) Destination: Champaign, IL Dates: September 24-27, Amount not to exceed: $833 2017 2. LIQUOR LICENSES a. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue Class: C Liquor w/Outdoor Service / Catering Renewal Application Includes Sunday Expiration Date: 6/30/2018 b. Broadway Liquor, 821 Broadway Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Page 3 of 280 Expiration Date: 6/10/2018 c. Chaser's Pub, 3005 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/7/2018 d. Club Ambassador, 313 W. 5th Street *Adding Outdoor Service Only* Class: C Liquor w/Outdoor Service New Application Does not include Sunday Expiration Date: 12/15/2017 e. CVS #8546, 205 Franklin Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2018 f. Iowa Irish Fest, Lincoln Park Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/8/2017 g. Kwik Star #724, 1105 Cedar Bend Drive Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2018 h. Kwik Star #723, 707 Broadway Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2018 i. Kwik Star #722, 1214 Franklin Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2018 j. Noodles & Company, 2833 Crossroads Blvd. Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2018 k. Old Skool Lounge, 120 Sumner Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/5/2018 I. Red Lobster #6267, 941 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 7/27/2018 m. Speedy Mart, 926 Linn Street Class: B Wine / C Beer Page 4of280 Renewal Application Includes Sunday Expiration Date: 7/6/2018 n. Yesway Store #10022, 1976 Franklin Street Class: C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/12/2018 3. APPOINTMENTS a. Gwenne Berry Board/Commission: Airport Board Expiration Date: 6/30/2021 New Appointment b. Dr. Linda Allen Board/Commission: Airport Board Expiration Date: 6/30/2021 New Appointment c. Michelle Weber Board/Commission: Design Review Board Expiration Date: 5/7/2020 Re -Appointment 4. Cigarette/Tobacco Permit New Application for VVS, Inc., 501 N. Elk Run Road. 5. Bonds PUBLIC HEARINGS 2. FY 2018 Ash Street Drainage Improvements, Contract No. 936. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Dependable Drain & Plumbing/Dependable Maintenance Systems, of Clinton, Iowa in the amount of $30,660.00, and approving the contract, bonds, and certificate of insurance for the FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935, and authorize Mayor and City Clerk to execute said documents. Submitted By: Steven Hoambrecker, Director, Waste Management Services Page 5 of 280 4. Sale and conveyance of certain tracts of land, formerly portions of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing to proceed pursuant to Iowa Code §306.23. No bids were received. Submitted By: Noel Anderson, Community Planning & Development Director 5. Sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorization sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), in the amount of $1.00, to LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 6. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $47,500.00, in conjunction with the FY 2018 East 5th Street Parking Ramp Repairs, Contract No. 930, and authorize Mayor to execute said document. Submitted By: Mark A. Boesen, Manager of Rehabilation Services/Building Maintenance 7. Resolution approving the Construction Related Services (CRS) Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in conjunction with the projects contained in FAA Grant 3-19-0094-0045 at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 8. Resolution approving Award of Contract to Croell, Inc. of New Hampton, Iowa, in an amount not to exceed $2,128,833.19 in conjunction with Bid Package No. 1, (Reconstruction of Taxiway Charlie - Base bid only), at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 9. Resolution approving Award of Contract to Aspro, Inc. of Waterloo, Iowa, in an amount not to exceed $575,859.35 in conjunction with Bid Package No. 2, (Runway 12-30 pavement joint repair at Bravo 1, crack -seal preventative maintenance, and the repainting of airfield pavements), at Waterloo Regional Airport via FAA Grant No. 3-19-0094-0045 and authorize the Mayor, City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 10. Resolution approving contracts, bonds and certificates of insurance with Pella Roofing and Insulation, Inc. of Vinton, Iowa, for improvements associated with Hangar No. 5 at Waterloo Regional Airport in the amount of $65,995.00, and authorize the Mayor and City Clerk to execute said documents. Page 6of280 Submitted By: Keith Kaspari, Airport Director 11. Resolution approving contracts, bonds and certificates of insurance with Plumb Tech, Inc. of Waterloo, Iowa, for improvements associated with the HVAC system for the General Aviation Terminal Building at Waterloo Regional Airport, in the amount of $19,556.00, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 12. Resolution approving Memorandum of Understanding between the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the City of Waterloo. Submitted By: Rudy D. Jones, Community Development Director 13. Resolution approving a Development Agreement with LK Waterloo, LLC for property located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $10.0 million, 20 years of tax rebates at 85%, and 20 years of increased hotel/motel increment, and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution approving a permanent easement agreement with Grand Investments, LLC, for the purpose of allowing access to City owned flood wall located west of 425 Cedar Street, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving an Early Access Agreement with Cardinal Construction, Inc. of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site northwest of 1318 Martin Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 16. Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Daniel J. Trelka, Chief of Police 17. Amendment to Title 5, Police Regulations; Chapter 5; Chronic Nuisance Properties. Motion to receive, file, consider and pass for the second time an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "0. Fireworks", to definitions. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Daniel J. Trelka, Chief of Police 18. An ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas. Page 7 of 280 Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:20 p.m. Boards and Commissions, Harold E. Getty Council Chambers 4:25 p.m. Public Safety Meeting, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority Board Meeting, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Water Works Board of Trustees meeting minutes of June 28, 2017 on file in the Waterloo City Clerk's office. 2. Board of Adjustments Minutes of April 25, 2017 and May 23, 2017. 3. Design Review Board Minutes of April 5, 2017. Page 8 of 280 CITY OF WATERLOO Council Communication Minutes of July 10, 2017, Regular Session, as proposed. City Council Meeting: 7/17/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 7/11/2017 - 11:25 AM ATTACHMENTS: Description Type D Minutes of July 10, 2017 Cover Memo Submitted by: Submitted By: Page 9 of 280 July 10, 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, July 10, 2017. Mayor Pro -tem, Ron Welper in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Brion Martin, Associate Pastor of Harvest Vineyard Church. Pledge of Allegiance: Rudy Jones, Community Development Director. 145639 - Schmitt/Amos that the Agenda, as amended by Deleting and moving Mark Lane recognition to July 17, 2017 council meeting. Deleting item No. 4, Resolution approving a Development Agreement with Jason Grimm for the sale of property located adjacent to 157 University Avenue and rescinding Resolution No. 2017-499, originally approved on June 26, 2017. Amending item No. 3, to read Resolution re- setting date of public hearing as July 24, 2017, regarding the sale and conveyance of city owned property generally located adjacent to 157 University Avenue, to Jason Grimm in the amount of $2, 000 and rescinding Resolution No. 2017-498, originally approved on June 26, 2017. Table item No.s 15, 16 and 17 for one week. Amending item No. 10, Resolution authorizing Traffic Operations Department to apply for a Iowa Department of Transportation Traffic Safety Grant to conduct a Bicycle Lane, Traffic Safety Awareness Campaign in the amount of $12, 000.00 to read in the amount of $22,000.00. for the Regular Session on Monday, July 10, 2017 at 5:30 p.m., be accepted. Voice vote -Ayes: Six. Mr. Lind voted yes with the exception of item No. 8. Motion carried. Mr. Lind questioned deleting Item No. 8 as opposed to the council taking action by setting a public hearing date or remanding the item back to the Planning Commission. He also questioned removing the item from the consent agenda to be addressed as a separate item on the consent agenda. Dave Zellhoefer, City Attorney, stated Consent Agenda Item No. 8 would need to be removed from the consent agenda and voted on separately in order for the council to remand back to the Planning and Zoning Commission or table to set the date of public hearing on the ordinance. 145640 - Lind/Amos that Item No. 8 be removed from the consent agenda to be voted on separately. Voice vote -Ayes: Seven. Motion carried. Item was on amendment to agenda to be removed from agenda and was removed from the consent agenda by this motion to be discussed separately from the consent agenda. 145641 - Schmitt/Amos that the Minutes, as proposed, for the Regular Session on Monday, June 26, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Welper read a Proclamation declaring July 11-15, 2017 as Honor Korean War Veterans Week. Veterans Sid Morris, LaVerne Fischels, Ken Lind, and Paul Reuter were invited to address the audience and council regarding the Grout Museum's display honoring veterans of the Korean War. Members of the audience thanked the veterans for their service during the Korean War. Mr. Welper recognized Michelle Westphal for her 30 years of dedication and service to the City of Waterloo and presented her with a plaque from the City. ORAL PRESENTATIONS Jeri Thornsberry, 704 Sheridan Road addressed the council regarding the disruption to her home, neighbors, family, friends and pets due to fireworks and requested the council rescind the fireworks ordinance. Mr. Welper responded he has received numerous phone calls since June Ft and even though the council reduced the number of days fireworks were allowed to be shot off, they were being shot off for 4-5 weeks. He believes the State needs to rescind allowing the sale of fireworks in the state as reducing the use within the City had no effect and he believes rescinding the ordinance will have little effect, as people will still be allowed to purchase fireworks and bring them into the city. Page 10 of 280 July 10, 2017 Page 2 Marcia Buttgen, 1510 Lyon Avenue, requested signs with diagrams and street names directing traffic to alternative parking, be placed on the 4t' and 5th Street parking ramp entrances during construction closure. Ms. Buttgen questioned if 4t' Street will be opened for traffic on the weekends during construction. Sandie Greco, Interim Public Works Director, stated she will contact Republic Parking and arrange for signs at the parking ramp. Eric Thorson, City Engineer, explained the 4th Street Bridge cannot be opened during construction unless the City is willing to pay more money for the contractor to remove and mobilize their equipment elsewhere on the weekends. He further explained they are aware of some of the larger events taking place in the city and made provisions for those events but aren't aware or able to plan for every event planned in the city. Todd Obadal, 124 Amity Drive, addressed the council regarding renaming of the convention center, sale of Sunnyside South property and information provided to the public regarding the sale of those properties. Kelly Angel, 148 Terrace Drive, addressed the council regarding the disruption to her home, family, and pets due to fireworks and offered her support of a citywide ban of fireworks. Mr. Welper stated he received newspapers from Des Moines, Iowa City and Cedar Rapids relating the citizens in those communities feel the same way and regardless of the city regulations, when the fireworks went on sale, the regulations were violated so he feels the State will need to address the issue. Sally Priebe, 702 Homepark Blvd., addressed the council regarding the disruption to her home family due to fireworks and offered her support of a fireworks ban. Heidi Footman, Director of the Waterloo/Cedar Falls Youth Art Team summer camp, along with the students, addressed the council regarding their 4th Street Bridge Mural Project, and invited the Council to join them on July 14, 2017 at 11:30 a.m., to view the completed artwork to be place on the 4t' Street Bridge, and celebrate with root beer floats and lemonade. Cheryl Pieters-Rammelsberg, 934 W. Mullan Avenue, addressed the council regarding fireworks and their effects on citizens with mental disabilities and pets. She offered her support for banning fireworks from the City. Kirby Sherman, 609 Dundee, addressed the council regarding fireworks. She thanked the police and fire departments for responding to calls related to fireworks and expressed her concerns regarding the effects of fireworks on pets and wildlife in the area. She questioned if there will be a hearing regarding the issue for citizens to express their concerns. David Dryer, 3145 W. 4th Street, questioned if the decisions regarding the 5 Sullivan Brothers contract on the 17th will include public concern. Mr. Dryer questioned how many years the City has bonded $700,000 a year in relation to the convention center and requested an accounting for the monies used to maintain the convention center. Mr. Dryer questioned if local residents will be hired for the staff or if the staff will be brought in from Omaha. John Sherbon, 1715 Robin Road, addressed the council regarding the naming and sale of the convention center and asked the council to review the original agreement and terms prior to making a new agreement. Wayne Natham, 548 Cloverdale Avenue, questioned the spending $950,000 per year for maintenance on the Sullivan Brothers Convention Center and giving the convention center to a millionaire as opposed to keeping, maintaining and repairing the building. 145642 - Schmitt/Jacobs that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 11 of 280 July 10, 2017 Page 3 Mr. Jacobs stated the city is tracking the fireworks calls, e-mails and complaints with over 750 calls to the police department and feels the council should control their regulations for the citizens of Waterloo and not put it on the state. Mr. Jacobs asked the council members to join him with Mr. Lind to ban the fireworks altogether. FORMER CONSENT AGENDA ITEM NO. 8 Mr. Morrissey asked that the record reflect Item No. 8 (Amendment to Zoning Ordinance No. 5079 regarding regulation of hobby farms) has been removed from the consent agenda. Mr. Lind requested a clarification that this item is being tabled as opposed to sending it back to the Planning and Programming or setting the public hearing date. Mr. Welper questioned the recommendation of the Planning and Zoning Commission. Noel Anderson, Community Planning and Development Director, explained the council can take action by setting the hearing, tabling the matter or remand back to the Planning Commission. He further explained it is the staff's opinion, if significant changes are being made to the ordinance, remanding it back to the Commission is the cleanest path, because at this point it cannot be brought back up at the Planning Commission unless the City Council denies it and then waits a certain period of time to discuss it again. If it is tabled he would need to research when it could be brought before the Commission again, as no action was taken by the council. If it's remanded back, it can be put back on the Commission's next available agenda to make the changes. They can also set the public hearing date and vote on the ordinance as originally recommended by the Commission. 145643 - Lind/Jacobs that the public hearing date be set for July 24, 2017 with regards to item No. 8. Mr. Morrissey stated the item has been removed from the consent agenda so the item is not germane to the agenda and that there had been talk of removing it and considering it separately but that was never voted on because the first order of business was the agenda items, so having been removed from the agenda it doesn't have bearing and removing it from the consent agenda was with the understanding it was going back to Planning and Zoning for further review and that is what was voted on. Mr. Welper stated the agenda was voted on, but that the consent agenda is always voted on separately and if they were the same, there would be no reason for the council to vote on the consent agenda. Mr. Morrissey stated there would be no reason to vote on anything on the agenda, that the items on the consent agenda are considered as a package but the entire document is considered the agenda and included in the discussion to amend was the deletion of item No. 8 from the consent agenda with the understanding that it was going to the Commission for review and that's what he voted and favor of and the council voted to do with one negative vote so the item isn't even on the consent agenda. Noel Anderson explained his understanding of the council action was to amend the agenda to take it off, but then took a separate vote to remove it from the consent agenda and therefore is in play at this point. Mr. Morrissey stated the council did not vote on removing and considering it separately. Mr. Welper asked the Deputy Clerk to read the motion from the record. LeAnn Even, Deputy Clerk, read the record as follows: Motion by Lind to consider separately No. 8 on the consent agenda; voice vote; members voted in favor. Mr. Schmitt commented that approval of the agenda and consent agenda are two separate motions and two separate votes. Mr. Welper agreed with Mr. Schmitt that when the agenda is approved it includes the consent agenda, but when the Council gets to the consent agenda items they are voted on separately. Mr. Schmitt clarified that the Council will be voting on items 1-6 of the consent agenda. Page 12 of 280 July 10, 2017 Page 4 Mr. Morrissey voiced his opposition, stating Mr. Welper's ruling is wrong, that Item No. 8 was removed from the consent agenda making it non -germane to the agenda. Dave Zellhoefer explained it was his understanding this was taken off to be debated separately as is often the case on the consent agenda. He reminded the Council of their options to table, set for hearing or to take Planning and Zoning's recommendation to have it remanded to the Planning and Zoning Commission and suggested someone make a motion on one of the options. Mr. Powers questioned setting a public hearing date in that it would not allow staff and the Planning and Zoning Commission sufficient time to process or due diligence, therefore he could not support setting a date until remanded back to Planning and Zoning and they complete their review and changes. Mr. Schmitt questioned why it would be remanded back to Planning and Zoning Commission when they had already approved and made a recommendation to the Council. Mr. Powers explained the Council received an e-mail indicating the Planning and Zoning Commission want to reconsider and therefore he would like to give them that opportunity and then allow them to send it back to the Council. Roll call vote -Ayes: Three. Nays: Four. Motion failed. 145644 Morrissey/Amos that the ordinance be remanded back to the Planning and Zoning Commission for further review. Mr. Lind stated what he has heard from his constituents is that the City doesn't need chickens or fireworks and does not believe the Council should send the ordinance back to the Planning and Zoning Commission now because one person on the Commission said they wanted to reconsider the ordinance. Mr. Schmitt asked to hear more about the Commission's request. Aric Schroeder, City Planner, explained there was an e-mail from a Commission member questioning the ability for a Commission member to reconsider but that procedurally that is not an option because of the administrative rules of the Commission. Other options were then discussed and he believes at least two Commission members expressed interest in revisiting their decision. Mr. Schmitt questioned how long the Planning and Zoning Commission has been working on the ordinance. Mr. Schroeder stated Planning staff has worked on the ordinance periodically for about two years and once the Commission started working on it, about two months. Mr. Schmitt questioned the procedure once the Commission made a decision. Mr. Schroder explained he believed seven members of the Commission were present at the time and it was unanimous, but well debated discussion with opinions on both sides and believes the vote was a middle ground compromise. Mr. Lind questioned why these changes are so important at the eleventh hour. Mr. Schroeder stated he is unsure. Mr. Schmitt questioned how many people are asking for the remand. Mr. Schroeder stated that two members responded to the e-mail. Mr. Morrissey commented that Council should allow the Commission to reconsider the ordinance. Mr. Schmitt stated seven of the nine Commissioners are fine with their decision. Mr. Morrissey stated the Council doesn't know that as they have not spoken with them. Page 13 of 280 July 10, 2017 Page 5 Mr. Schmitt stated they have not asked for a remand and that Mr. Schroeder has spoken with them. Mr. Welper asked a roll call be taken on the motion to remand back to the Commission. Roll call vote -Ayes: Four. Nays: Three. Motion carried. CONSENT AGENDA 145645- Schmitt/Lind that the following items, except for except for the item deleted 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 July 10, 2017, in the amount of $5,424,258.94, 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. 2017-515. 2. Resolution approving abatement of assessment for 3913 Onawa Drive in the amount of $60.82, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-516. 3. Resolution re -setting the date of public hearing as July 24, 2017 regarding the sale and conveyance of city owned property generally located adjacent to 157 University Avenue, to Jason Grimm in the amount of $2,000 and rescinding Resolution No. 2017-498, originally approved on June 26, 2017. Resolution adopted and upon approval by Mayor assigned No. 2017-517. 4. Resolution approving plans, specifications, form of contract, etc. and setting date of bid opening as August 3, 2017 and date of public hearing as August 7, 2017 for Osage Road and Dubuque Road Traffic Safety Improvements Project, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-518. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 20, 2017 and date of public hearing as July 24, 2017 for Asphalt Emulsions for the City's Recycled Asphalt Paving Program. Resolution adopted and upon approval by Mayor assigned No. 2017-519. 6. Resolution approving request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees - Address and amount to certify: 520 Rhey Street - $2,400. Resolution adopted and upon approval by Mayor assigned No. 2017-520. 7. Resolution re -setting date of public hearing as July 24, 2017 to vacate, sell and convey a portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive, in the amount of $1.00 to P and H, LLC, and instruct the City Clerk to publish said notice, and rescinding Resolution No. 2017-482. Resolution adopted and upon approval by Mayor assigned No. 2017-521. Page 14 of 280 July 10, 2017 Page 6 8. Resolution setting a date of public hearing as July, 24 2017, to approve the request of Roberto and Florentina Castro to purchase city owned property, located at 1606 Williston Avenue, with Development Agreement, and direct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-522. 9. Resolution approving request from Dean Dumer for a waiver for a concrete driveway located at 1116 Evergreen Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017-523. b. Motion to approve the following: 1. 2. a. b. c. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Chris Petersen, Building Maintenance Iowa Department of Public Health Online Renewal 6/15/17 $240 Inv. Koontz, Hageman, Morely and Sgt. Devine Inside the Tape: Suicide and SIDS Death Scene Des Moines, IA 7/27/17 $470 Officers Weber, Muhlenbruch, Frein, Koontz and Zubak Calibre Press: Street Survival Seminar Waterloo, IA 7/25- 26/17 $1,045 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kwik Star #569, 875 Fisher Drive B Wine / C Beer New 8/27/2018 x Steamboat Gardens, 1740 Falls Ave C Liquor Renewal 6/13/2018 KWIK STAR #229 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Scott Voigt Airport Board 06/30/2021 New Jeff Koch General Contractors Board of Licensing, Examiners and Appeals 7/10/2020 New 4. Motion to approve Cigarette/Tobacco Permit Renewal Applications. ALI'S LIQUOR 1117 E. 4TH STREET CASEY'S PUB 4014 UNIVERSITY AVENUE EDO'S SPORTS BAR 110 E. 11TH STREET JOHNS TOBACCO OUTLET 1848 W. AIRLINE HWY KARMA BAR X 309 W. 4TH STREET KWIK STAR #229 1717 E. SAN MARNAN DRIVE KWIK STAR #380 X 506 W. 9TH STREET KWIK STAR #715 1636 W. 4TH STREET KWIK STAR #722 1214 FRANKLIN STREET KWIK STAR #723 707 BROADWAY STREET ........................... KWIK STAR #724 1105 CEDAR BEND STREET KWIK STAR #732 324 FLETCHER AVENUE Page 15 of 280 July 10,2017 Pagel KWIK STOP 3 1104 WASHINGTON STREET X KWIK STOP 4 515 BROADWAY STREET LOCKER ROOM LOUNGE 1918 HAWTHORNE AVENUE METRO MART #1 3201 W. 4TH STREET METRO MART #4 2332 FALLS AVENUE NEIGHBORHOOD MART 2100 LAFAYETTE STREET PRIME MART 3535 MARIGOLD DRIVE RAYS SUPERMARKET 1975 FRANKLIN STREET SHWE NYIKO MARKET 911 COMMERCIAL STREET TOBACCO OUTLET PLUS #500 THE BROKEN RECORD ISLE CASINO HOTEL -WATERLOO 1803 LA PORTE ROAD 315 W. 4TH STREET 777 ISLE OF CAPRI BLVD. 4. Motion to approve application for Recycling Yard License. • Pierce Used Cars, 1500 Commercial Street • A -Line Iron and Metals, 1500 David Street • Plum's R&B, 2630 WCF & N Drive • Chase Auto Parts Co., Inc., 1041 Sheffield Avenue • Chase Auto Parts Co., Inc., 1117 Sheffield Avenue • Midwest Auto Parts, 275 Rampart Lane • Alter Trading Corp., 1500 West Airline Highway • Airline Auto Parts, Inc., 1420 West Airline Highway • A -Line E.D.S. Inc., 808 Dearborn Avenue • New Deal Auto Salvage, 612 Power Street • Weeldey's Recycling, 105 Dunham Place • Waterloo Auto Parts, Inc., 1501 Grandview Avenue • Waterloo Auto Parts, Inc., 1524 Grandview Avenue • Pat's Auto Salvage, 945 Lowell Avenue • Pat's Auto Salvage, 1003 Lowell Avenue • Wilber Auto Body & Sales, Inc., 2220 Easton Avenue • Vic Fuller Salvage & Wrecking, 2113 Mitchell Avenue • Quails Auto Salvage & Sales, 202 Glendale Street • Jones Metals, 2452 Burton Avenue 4. Bonds. PUBLIC HEARINGS 145646 - Schmitt/Amos that proof of publication of notice of public hearing on approval of a Lease Agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive in the amount of $1.00, for a term ending December 31, 2027, as published in the Waterloo Courier on June 27, 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 objections. David Dryer, 3145 W. 4t' Street, questioned who is Cedar Valley 4 Rent, LLC and what are the getting for $1.00 a year for 10 years. Noel Anderson, explained Cedar Valley 4 Rent, LLC, Chris Fischels are the abutting property owners at this address, as this property was purchased with FEMA funds restrictions limit use to open space. By renting to them they will maintain the property, saving the City money. 145647 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 16 of 280 July 10, 2017 Page 8 145648 - Schmitt/Amos that "Resolution approving a Lease Agreement with Cedar Valley 4 Rent, LLC for property located south of 509 Riverside Drive in the amount of $1.00, for a term ending December 31, 2027, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the City has signed leases in this area and nature in the past, benefitting the City as they no longer need to maintain the properties. Mr. Anderson confirmed Mr. Lind's statement. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-524. 145649 - Lind/Amos that proof of publication of notice of public hearing on an opportunity to be heard regarding the sale of certain tracts of land formerly being portions of West San Maman Drive, located adjacent to Sunnyside Country Club, as published in the Waterloo Courier on July 3, 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 objections. David Dryer, 3145 W. 4t' Street, requested an explanation regarding the specifics of the sale and questioned if this is the property still in litigation in Des Moines. Noel Anderson explained the location of the property as a portion of San Maman Drive, west of Galactic Drive. Action was taken to sell this as City property, the Iowa Supreme Court's decision determined this was State property due to a transfer of jurisdiction in the 1980s, therefore the City is going through the proper process to sell the land as outline in Iowa Code Section 306.23. Part of the process is the opportunity to be heard to insure the City is following the Court's interpretation of the public's right to be heard and he doesn't believe there are any pending lawsuits on this property at this time, so the City is moving forward to sell the property. The successful sale of the land would create over 24 lots and he believes with the recent sale of a lot by this would be a very successful project for the City of Waterloo and create new housing opportunities. Mr. Dryer questioned if this property is still in litigation as he hasn't heard any different at a council meeting. Dave Zellhoefer explained in March of this year the Iowa Supreme Court mad a ruling in favor of the City giving them guidelines and a process, to proceed with the sale of the property. Mr. Zellhoefer reviewed the steps the staff has taken up to this point and that next week bids will be taken for the property. Mr. Schmitt questioned if this in fact is the property that has been in litigation for the past six years. Mr. Zellhoefer confirmed. Mr. Jacobs questioned the appraised value of the lots. Noel Anderson responded the four lots are appraised at $318,248.00, $783,886.00, $500,561.00, and $222,305.00. Mr. Lind questioned if the appraiser considered the properties improved and assembled. Noel Anderson stated they were considered at their current value per the courts instructions and indicated he will provide the council with a copy of the appraisals. Mr. Lind questioned if this included improvements. Noel Anderson explained the court directed they be appraised in their current condition. Page 17 of 280 July 10, 2017 Page 9 Mr. Schmitt requested council members be provided with a copy of the appraisals. Aric Schroeder, explained as the property is broken into four different tracts, the appraiser used the assumption of clear title, which is the issue the City is trying to resolve by completing this process. Mr. Lind questioned if Sunnyside South has conveyed title back to the City as they own it. Aric Schroeder responded they have a deed to the property, but clear title is a completely separate issue. Todd Obadal, 124 Amity Drive, stated he takes issue with the transfer of this property and that the City should learn from this when transferring other City property. 145650 - Lind/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145651 - Morrissey/Amos that the proof of publication of notice of public hearing on a request to fulfill FY 2018 Police ammunition needs, as published in the Waterloo Courier on June 26, 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 objections and there were none. 145652 - Morrissey/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145653 - Morrissey/Amos that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-525. 145654 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-526. 145655 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount Ultramax Ammunition General Ammunition $30,767.00 Sunset Law Enforcement Hornady .308 Ammunition $3,575.00 Voice vote -Ayes: Seven. Motion carried. 145656 - Morrissey/Amos that "Resolution approving award of contract to Ultramax Ammunition, of Rapid City, South Dakota, for general ammunition in the amount of $30,767.00 and award of contract to Sunset Law Enforcement, of Ackley, Iowa, in the amount of $3,575.00 for the Hornady .308 Caliber Page 18 of 280 July 10, 2017 Page 10 ammunition, for the FY 2018 Ammunition needs as budgeted", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-527. RESOLUTIONS 145657 - Lind/Powers that "Resolution authorizing Traffic Operations Department to place temporary "No Parking" signs on the east side of St. Francis Drive from Wildwood Road to San Marnan Access Road, during the reconstruction and closure of W. 9th Street", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-528. 145658 - Lind/Powers that "Resolution approving the Professional Services Agreement with Shive-Hattery Engineering, to prepare a Traffic Safety Improvement Program application for converting Ridgeway Avenue from four (4) lanes to three (3) lanes, including performing a benefit cost analysis from Bellaire Road to US 63 (Sergeant Road), and authorize Mayor to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-529. 145659 - Lind/Powers that "Resolution approving a Professional Services Agreement with Ament Design, of Waterloo, Iowa for a Traffic Adaptive Signal System and Fiber Optic Communications Upgrade, at an estimated cost of $122,423, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-530. 145660 - Lind/Powers that "Resolution approving Professional Services Agreement with Ament Design of Waterloo, Iowa, to conduct a study of the Greenhill Road and Progress Avenue Intersection Improvements Project, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-531. 145661 - Schmitt/Amos that "Resolution approving application for a Iowa Department of Transportation Traffic Safety Grant in an amount up to $500,000.00, to implement traffic safety improvements at the intersection of Ansborough Avenue and Martin Road", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-532. 145662 - Schmitt/Amos that "Resolution authorizing Traffic Operations Department to apply for a Iowa Department of Transportation Traffic Safety Grant to conduct a Bicycle Lane, Traffic Safety Awareness Campaign in the amount of $22,000.00 with zero city match", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-533. 145663 - Schmitt/Amos Page 19 of 280 July 10, 2017 Page 11 that "Resolution approving reconfiguration of Park Avenue from South Street to Franklin Street, from four (4) lanes to two (2) lanes, and installing parking protected bike lanes on the north and southbound lanes of Park Avenue", be adopted. Roll call vote -Ayes: Four. Nays: Three. Motion carried. Mr. Lind expressed his concerns regarding the project design and potential lawsuits and questioned if "Share the Road" signs could be placed and utilized as opposed to spending $40,000.00 on paint. He further questioned if the City insurance company is aware of the project. Sandie Greco reviewed aspects of the project including engineering and safety. Ms. Greco explained the project costs have been reduced to $10,000.00 as they are using stencils and paint as opposed to purchasing thermos plastic arrows. Mr. Lind expressed additional concerns with the design. Randy Herod, 111 Highland Blvd., asked that the Council require bicyclists and bikes to be licensed and require some sort of education and training with that process. Mr. Schmitt asked that the Council consider the project further rather than making a decision now. He further expressed the Park Avenue Bridge should become a non -motorized vehicle bridge, possibly a pedestrian mall. Mr. Morrissey stated he is wholeheartedly in favor of the project and has been involved in developing the project for the past five year . He requested the speed limit be reduced to 25 m.p.h. Mr. Jacobs expressed his concern with mixing vehicles and bikes. He further questioned additional insurance costs and that bikes on roads should be licensed. Mr. Welper stated he feels providing bike lanes, as surrounding communities have done, provides safety for bicyclists. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-534. 145664 - Schmitt/Amos that "Resolution approving Amendment to Agreement for Animal Control Services, increasing basic animal service fees 3% per call with the City of Cedar Falls, commencing July 1, 2017 thru June 30, 2018 and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-535. 145665 - Amos/Schmitt that "Resolution approving School Resource Agreement with Waterloo Community School District to provide five (5) School Resource Officers in the schools for FY 18 in the amount of $222,523, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if this was the same number from last year. Joe Leibold, Police Captain, responded this is the same number as last year with an increase in funds of $6,000.00. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-536. 145666 - Amos/Schmitt that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Storm water Education Program in the amount of $2,570.14, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-537. Page 20 of 280 July 10, 2017 Page 12 145667 - Amos/Schmitt that "Resolution approving submission of grant application to the Otto Schoitz Foundation in the amount of $100,000 to fund an outdoor fitness court at the Cedar Valley SportsPlex", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt asked for an overview of the outdoor fitness court. Paul Huting, Leisure Services Director, gave an overview of the grant application for an outdoor fitness court to be located on greenspace at the Cedar Valley SportsPlex. Mr. Huting indicated there is no City match and funding is available through the National Fitness Foundation. David Dryer, 3145 W. 4t' Street, questioned if these funds would be better used on repairing ball diamonds. Mr. Huting explained the court would be located adjacent to the SportsPlex and a parking lot. He further explained the City has received grants from other agencies and the ball diamonds are in excellent repair. Mr. Huting feels this project fits the Schoitz Foundation criteria very well and citizens don't have to have a SportsPlex membership to use it. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-538. ORDINANCES 145668 - Morrissey/Amos that "An Ordinance amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "0. Fireworks", to definitions, be received, placed on file, considered, and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the ordinance. Captain Leibold explained the ordinance adds fireworks as a chronic nuisance violation allowing code enforcement to site a property owner along with other chronic nuisance violations in order to abate the nuisance. Mr. Schmitt questioned the ability to enforce the violations based on witnesses. Captain Leibold explained enforcement of code violations as opposed to ticketing for a fireworks violation in that a person can be ticketed for a fireworks violation but a property can receive up to three violations a year for a nuisance property and then an abatement plan would be required from the property owner as a chronic nuisance. Mr. Schmitt questioned with the other types of nuisances there is evidence, but with fireworks it would be hard to prove the actual violator as the call would be based on a neighbor's complaint. Captain Leibold explained the process for responding to complaints and determining violators under the chronic nuisance ordinance as opposed to the State citation procedure. Mr. Schmitt questioned the repercussions. Captain Leibold explained there is an abatement plan procedure and then property owners can start to be billed for calls to the residence. Mr. Morrissey questioned if this would be a municipal infraction. Captain Leibold explained this would follow the current City nuisance policy, but adding fireworks as a nuisance. Mr. Morrissey questioned the enforcement of a municipal infraction as opposed to a fireworks citation. Page 21 of 280 July 10, 2017 Page 13 Captain Leibold explained if you are lighting fireworks outside of the rules set by the Council, it would be a citable offense but if you are violating a city ordinance it would be a different offense and the chronic nuisance property is a third type of offense with different fine schedules and rules of law. Todd Obadahl, 124 Amity Drive, expressed his support for adding this definition but asked that the ordinance be changed to give rental/property owners notice of the nuisance each time rather than waiting until the third offense to receive a notice. Mr. Schmitt requested a legal opinion regarding the requested change. Dave Zellhoefer explained the chronic nuisance abatement process. 145669 - Morrissey/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three. Motion failed. 145670 - Schmitt/Powers that "an Ordinance amending the 2008 Traffic Code by adding Subsection (117a) Greenhill Road and Progress Avenue - Full Actuated to Section 540, Obedience To Official Traffic Control Devices", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145671 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 145672 - Schmitt/Amos that "an Ordinance amending the 2008 Traffic Code by adding Subsection (117a) Greenhill Road and Progress Avenue - Full Actuated to Section 540, Obedience To Official Traffic Control Devices", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor Pro -tem assigned No. 5404. OTHER COUNCIL BUSINESS 145673 - Lind/Amos that "A resolution approving request of JSA Development, LLC & Twin Trees for an extension to repair sidewalks at 402 E 4th Street and 326-330 E 4th Street (Mulberry Street side), 128 E 4th Street (Sycamore Street side), 315 E 5th Street (East 5th and Lafayette Street sides), and 624 Sycamore Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-539. 145674 - Lind/Amos that "A resolution approving request of American Pattern Storage for an extension to repair sidewalks at 106-116 East 1 lth Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-540. 145675 - Lind/Amos that "A resolution approving request of Verla Bierber for an extension to repair sidewalks at 2335 Lafayette Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-541. Page 22 of 280 July 10, 2017 Page 14 145676 - Lind/Amos that "A resolution approving request of Shimp Construction for an extension to repair sidewalks at 701 Franklin Street, 309 Monroe Street, 407 E 7th Street, 410 E 7th Street, 1202 Lafayette Street, 301 State Street, and 337 Dearborn Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-542. ADJOURNMENT 145677 - Morrissey/Amos that the Council adjourn at 7:40 p.m. Voice vote -Ayes: Seven. Motion carried. LeAnn M. Even CMC, IaCMC Deputy City Clerk Page 23 of 280 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Traffic Operations SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Higby, Nancy Action Approved D ate 7/12/2017 - 10:31 AM Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This service is for providing equipment, site service, and collection/delivery, of materials from neighborhood drop-offs, and the processing and ultimate marketing and disposal of materials thereby generated. $32,000 Sanitation Funding - 525-15-5400-1300 The City of Waterloo has provided curbside recycling for a number of years. The vendor divides and separates all recyclables. Page 24 of 280 CITY OF WATERLOO Council Communication Resolution approving proposed specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean up programs. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Higby, Nancy Approved 7/12/2017 - 10:34 AM Clerk Office Higby, Nancy Approved 7/12/2017 - 10:35 AM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as July 27, 2017 and date of public hearing as August 7, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean up programs. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval This service is for providing equipment, site service, and collection/delivery, of materials from neighborhood recycling drop- offs, and the processing and ultimate marketing and disposal of materials thereby generated. Further services will include providing solid waste containers and disposal of refuse for a variety of different events lead by the City of Waterloo. $90,000 Sanitation Funding - 525-15-5400-1300 The City of Waterloo has provided recycling containers are various locations for the public to use. Also containers have been provided for neighborhood clean ups. Page 25 of 280 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., and setting date ofbid opening as August 10, 2017 and the date ofpublic hearing as August 14, 2017, for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems, Contract No. 929, and instruct City Clerk to publish said notice. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Waste Management Clerk Office ATTACHMENTS: Description FY2016 Upgrade to Instrumentation and Controls, No. D Reviewer Hoambrecker, Steven Higby, Nancy Action Approved Approved 929 SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Type Cover Memo D ate 7/12/2017 - 12:20 PM 7/12/2017 - 12:22 PM Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., and setting date ofbid opening as August 10, 2017 and the date ofpublic hearing as August 14, 2017, for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems, Contract No. 929, and instruct City Clerk to publish said notice. Submitted By: Steven Hoambrecker, Director, Waste Management Services Recommend approval This project is an upgrade of the instrumentation and controls systems at the city of Waterloo Water Pollution Controls Facilites. 520-14-5320-2163 Page 26 of 280 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and Controls Systems In the City of Waterloo, Iowa CONTRACT NO. 929 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 10th day of August, 2017 , until 1:00 p.m. for the construction of the FY 2016 WATER POLLUTION CONTROL FACILITIES, UPGRADE TO INSTRUMENTATION AND CONTROLS SYSTEMS, CITY CONTRACT NO. 929, 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 1011 day of August , 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 August 14. 2017 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project is an upgrade of the instrumentation and controls systems at the City of Waterloo Water Pollution Control Facilities (WPCF). The project will include the replacement of the programmable logic controllers (PLCs), personal computer workstations (PCs), and outdated networking system running the plant control system with industry standard equipment, software platforms, and Ethernet/fiber optics redundant communications network. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before June 30. 2018 . 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. NOTICE TO BIDDERS AECOM 60438627 CONTRACT NO 929 Page NB -1 OF 4 Page 27 of 280 PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements 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 #5258837 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 $150.00 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 14"' consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14`" 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 Citjand 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. 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 lump sum price in numerals on the blanks provided. NOTICE TO BIDDERS AECOM 60438627 CONTRACT NO. 929 Page NB -2 OF 4 Page 28 of 280 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 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. NOTICE TO BIDDERS AECOM 60438627 CONTRACT NO. 929 Page NB -3 OF 4 Page 29 of 280 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. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. 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. NOTICE TO BIDDERS AECOM 60438627 CITY OF WATERLOO, IOWA CONTRACT NO. 929 Page NB -4 OF 4 Page 30 of 280 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2016 WATER POLLUTION CONTROL FACILITIES UPGRADE TO INSTRUMENTATION AND CONROLS SYSEMS In the City of Waterloo, Iowa CONTRACT NO. 929 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 1011 day of Auqust, 2017 , until 1:00 p.m. for the construction of the FY 2016 WATER POLLUTION CONTROL FACILITIES, UPGRADE TO INSTRUMENTATION AND CONTROLS SYSTEMS, CITY CONTRACT NO. 929, 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 10th day of Auqust. 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 14th day of Auqust, 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: httpI/dodgeprojects.constructicn.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF HEARING AECOM 60438627 CONTRACT NO. 929 Page NPH 1 OF 2 Page 31 of 280 SCOPE OF WORK This project is an upgrade of the instrumentation and controls systems at the City of Waterloo Water Pollution Control Facilities (WPCF). The project will include the replacement of the programmable logic controllers (PLCs), personnel computer workstations (PCs), and outdated networking system running the plant control system with industry standard equipment, software platforms, and Ethernet/fiber optics redundant communications network. 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 day of , 2017. CITY OF WATERLOO, IOWA BY: NOTICE OF HEARING AECOM 60438627 Kelly Felchle City Clerk CONTRACT NO. 929 Page NPH 2 OF 2 Page 32 of 280 CITY OF WATERLOO Council Communication Resolution setting a date ofpublic hearing as August 7, 2017 to approve the sale and conveyance of city owned property located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc., including a Development Agreement, and instruct City Clerk to publish said notice. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Anderson, Noel Even, LeAnn ATTACHMENTS: Description ❑ Development Agreement D 12.5 acres N of 1318 Martin Rd SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Cover Memo D ate 7/12/2017 - 11:28 AM 7/12/2017 - 11:49 AM Resolution setting a date ofpublic hearing as August 7, 2017 to approve the sale and conveyance of city owned property located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc., including a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City of Waterloo is working with Cardinal Construction for their expansion and relocation plans in Waterloo. Cardinal will be constructing a new 5,000 sq. ft. office building and 15,000 sq. ft. industrial building on the site with an estimated value of $1.1 million. The City will be deeding land and offering tax rebates at 5 years at 50% for the project, through the Development Agreement. Costs of sewer infrastructure extension to site - estimated at $200,000 Bond and TIF funds Policies 1, 2, and 4 in the Strategic Plan dealing with economic development. Not approve The City acquired this land as a part of the original Denso project development. It has been designated and planned for industrial development, so this project fits well with the goal and surrounding land uses Page 33 of 280 Background Information: Legal Descriptions: in this area (Fahr, O'Neal, Denso, and Kwik Star blending station coming soon). The Development Agreement would deed 12.5 acres to Cardinal Construction for the project, with only 5.8 acres of that actually out of the floodway. The floodway portions cannot be built upon, and will largely serve for storage of items that can be moved during flooding events, and for storm water detention area. As a part of the site development, Cardinal will be moving fill from the Floodway portions to other portions of site to potentially help flooding controls in area as well. Legal: All that portion of the property described in a Warranty Deed recorded as File Number 2009 00024704 in the Black Hawk County Recorder's Office lying within the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 32, Township 89 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County. Page 34 of 280 DEVELOPMENT AGREEMENT Prepared by: Noel Anderson, 715 Mulberry Street, Waterloo, Iowa 50703 319.291.4366 This Development Agreement is entered into as of , 2017, by and between Cardinal Construction, Inc. (an Iowa Corporation), (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Martin Road Development Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before August 30, 2017, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. It is acknowledged that neither the City nor the Company has conducted a Phase 1 or other environmental study of the Property, which was formerly an acreage and cropland which are believed to have caused minimal environmental impact. Therefore it is agreed that if, within twelve (12) months of conveyance, it is determined that there was a violation of environmental law or regulation at the time of conveyance which is not of the making of 1 Page 35 of 280 the Company, its successors, contractors or agents, then the City will bear the costs of remediation or cleanup and indemnify and hold the Company harmless from such costs, within a scope of remediation consistent with hazards reasonably possible in light of the Property's former use as an acreage and cropland. If remediation is necessary for conditions outside such scope, the parties agree to negotiate in good faith regarding allocation of costs. 2. Improvements by Company. A. New Construction. Company shall construct a building consisting of approximately 5,000 square feet of office and 15,000 sq. ft. of industrial building, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the value added by the improvements will, upon completion, result in an assessed value of no Tess than $1,100,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". B. Floodway Alterations. A portion of the Property lies within the floodway. Company will remove fill from the floodway area and deposit it on buildable areas of the Property, to raise the elevation of such area. Company may also choose to construct, before the Project Completion Date defined below, a detention pond of a size greater than is necessary to handle storm water runoff from the Project site, to receive surface water flows from other properties in the vicinity. If such a detention pond or system is capable of use by developments other than the Project, then City will negotiate with Company in good faith to compensate Company for its investment in excess capacity of the detention pond. C. Wetland Development. Company may choose to develop, before the Project Completion Date defined below, a wetland area within the floodway area on the Property, and in that event City will work with Company in good faith to identify other current wetland areas along West Ridgeway Avenue that may be suitable for transfer to Company for development purposes. Terms of any transfer may be set forth in a separate development agreement. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than twenty-two (22) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property 2 Page 36 of 280 shall be completed within twelve (12) months of that Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith to begin construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water and sewer service to any location on the Property that it desires and for payment of any associated connection fees. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 6, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 50% rebate b. Year Two - 50% rebate c. Year Three - 50% rebate d. Year Four - 50% rebate e. Year Five - 50% rebate for any taxable value over the January 1, 2017 value of $21,764 (calculated as 5.5 acres from parcel number 8913-32-426-003 which is valued at $2,098.75 per acre for a 3 Page 37 of 280 total of $11,544; and for the entire parcel of 8913-32-426-002 valued at a total of $10,220). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $1,100,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 38 of 280 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Abstracting. No less than ten (10) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Cardinal Construction, Inc., 531 Commercial Street, Suite 700, Waterloo, Iowa 50701, Attention: Gene Leonhart. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days 5 Page 39 of 280 following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 6 Page 40 of 280 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION, INC. By. By. Quentin Hart, Mayor.s4,4:0Q-/=- Title: PI? 5rrJ�3� Attest: Kelley Felchle, City Clerk 7 Page 41 of 280 Legal Description of Property To be platted EXHIBIT "A" 1 Page 42 of 280 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Cardinal Construction, Inc. (an Iowa Corporation ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Martin Road Development Area"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $1,100,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment 1 Page 43 of 280 made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: By: Kelley Felchle, City Clerk Cardinal Construction, Inc. Corporation By: Title:rSr+Q� STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of 2 Page 44 of 280 its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , 2017 by as of Cardinal Construction, Inc. Notary Public 3 Page 45 of 280 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than One Million One Hundred Thousand Dollars ($1,100,000.00). STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public 1 Page 46 of 280 CAI.] of Waterloo, Iowa W+E IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Zone AE (100 -Year Floodplain) Approximate 12.5 Acres Total 5.8 Acres out of Floodwaij Note Base map data source is Black Hawk County. Tres map does not represent survey, no liability Is assumed for the actuary of the data delineated herein, either expressed or mulled by Black Hawk County, the Black Hawk County Assessor, or the, employees. The City of Waterloo makes no warranty, express or mulled, as to the actuary of the Intormaton shown on Nesmap, and expressly d lsdalms liability forthe accuracy thereof. Users should refer to offioal plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessors Office for complete and accurate information. J CITY OF WATERLOO Council Communication Request by Grace Reformed Church for a variance to the Noise Ordinance on Sunday, August 20, 2017 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford Streets. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 7/12/2017 - 12:00 PM SUBJECT: Request by Grace Reformed Church for a variance to the Noise Ordinance on Sunday, August 20, 2017 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford S treets. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 48 of 280 CITY OF WATERLOO Council Communication Request by Kevin McBride of Waterloo Worship Center for a variance to the Noise Ordinance from August 4-6, 2017 from 7:00 p.m. to 9:30 p.m. for the "Hope Fest 17" event to be held at Elk's Memorial Park, located at the corners of Wellington Street, Belmont Avenue, Norimer Street and Randall Street. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 7/12/2017 - 12:06 PM SUBJECT: Request by Kevin McBride of Waterloo Worship Center for a variance to the Noise Ordinance from August 4-6, 2017 from 7:00 p.m. to 9:30 p.m. for the "Hope Fest 17" event to be held at Elk's Memorial Park, located at the corners of Wellington Street, Belmont Avenue, Norimer Street and Randall Street. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 49 of 280 CITY OF WATERLOO Council Communication Resolution Authorizing Fund Transfer for Fiscal Year ending June 30, 2017. City Council Meeting: 7/17/2017 Prepared: 7/11/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 7/11/2017 - 8:01 PM Clerk Office Higby, Nancy Approved 7/12/2017 - 9:12 AM ATTACHMENTS: Description Type ❑ Transfer Res - Additional Employee Benefits Cover Memo SUBJECT: Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM AMOUNT PURPOSE General Fund Trust & Agency F and $413,394.93 Employee benefits Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: 1 . Authorizing the transfer of $413,394.93 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. Additional funds are available to be transferred due to property tax replacement payments received. The tax levy for the fiscal year ending June 30, 2017 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected, and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualf to be paid by this levy available in my office for your review. Policy Issue: This transfer is made to comply with state law. Page 50 of 280 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: July 17, 2017 Prepared: July 11, 2017 Dept. Head Signature: Michelle Weidner Number of Attachments: None SUBJECT: Transfer Resolution Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend the adoption of the following resolutions to comply with state law: Authorizing the transfer of $413,394.93 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. Additional funds are available to be transferred due to property tax replacement payments received. The tax levy for the fiscal year ending June 30, 2017 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected, and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualify to be paid by this levy available in my office for your review. Summary Statement: See explanations provided above. Expenditure Required: Noted above. Source of Funds: Noted above. Policy Issue: This transfer is made to comply with state law. Alternative: None. Background Information: See above. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 51 of 280 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 7/17/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 7/12/2017 - 11:49 AM ATTACHMENTS: Description Type D Bonds for council approval 7.17.17 Backup Material SUBJECT: Bonds Page 52 of 280 BONDS FOR COUNCIL APPROVAL June 17, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 8232-66-09 Q3 CONTRACTING LITTLE CANADA, MN Page 53 of 280 CITY OF WATERLOO Council Communication FY 2018 Ash Street Drainage Improvements, Contract No. 936. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 7/12/2017 - 9:50 AM Clerk Office Even, LeAnn Approved 7/12/2017 - 10:26 AM ATTACHMENTS: Description Type D Bid Tab Cover Memo SUBJECT: Submitted by: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Stormwater Fee Page 54 of 280 FY18 ASH ST DRAINAGE IMPROVEMENTS CONT NO. 936 Bid Tab: July 13, 2017 Estimate: $53,859.40. Bidder Bid Security Bid Amount Vieth Construction Corp. Cedar Falls, IA o 5 /o $51,739.28 Lodge Construction, Clarksville, IA 5% $39,792.70 Hurst & Sons Contractors 5% $54,143.43 Peterson Contractors 5% $56,871.40 Page 55 of 280 CITY OF WATERLOO Council Communication FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Waste Management Hoambrecker, Steven Approved 7/12/2017 - 12:20 PM Clerk Office Even, LeAnn Approved 7/12/2017 - 12:23 PM ATTACHMENTS: Description Type D FY2018 Manhole Inspection Cover Memo D Bid Tab Cover Memo D Recommendation Letter and Bid Tab Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Dependable Drain & Plumbing/Dependable Maintenance Systems, of Clinton, Iowa in the amount of $30,660.00, and approving the contract, bonds, and certificate of insurance for the FY 2018 Manhole Inspection - Service Areas 10, 11, 12, 13, Contract No. 935, and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services Page 56 of 280 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 13`h 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 131h 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 17'' 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 Hip %/ci.waterlao.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: httryI/dndgeprojects. onstr }ction.con,i Reed Const. Data Lead web site: http://www.cmdgroup.comtpro[ect-learis/ NOTICE OF HEARING AECOM 60543369 CONTRACT NO.935 Page NPH 1 OF 2 Page 57 of 280 SCOPE OF WORK Work of this Contract entails the inspection of 876 existing manholes in the City of Waterloo: Service Area 10 Service Area 11 Service Area 12 Service Area 13 - - 346 Manholes — 347 Manholes — 140 Manholes 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 191h day of June, 2017 . CITY OF WATERLOO, IOWA BY: Kelly Felchle City Clerk NOTICE OF HEARING CONTRACT NO.935 Page NPH 2 OF 2 AECOM 60543369 Page 58 of 280 FY18 MANHOLE INSPECTION SERVICE Bid Tab: July 13, 2017 Estimate: $48,500 Bidder Bid Security Bid Amount RedZone Robotics, Inc. Pittsburgh, PA 5% $43,800.00 Fehr Graham Engineering Cedar Rapids, IA $5,567.50 Ck. #06487 $113,350.00 Dependable Maintenance Clinton, IA ° 5 /o $30,660.00 Save Our Sewers, Inc. Cedar Rapids, IA 5% $115,138.00 Lodge Construction, Clarksville, IA 5% $153,300.00 Page 59 of 280 A=COM July 13, 2017 Mr. Steve Hoambrecker, PE Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: FY 2018 MANHOLE INSPECTION — SERVICE AREAS 10, 11, 12 AND 13 Letter of Recommendation City of Waterloo, Iowa City Contract No. 935 AECOM #60543369 Dear Steve, AECOM has reviewed the bids submitted for the FY 2018 MANHOLE INSPECTION — SERVICE AREAS 10, 11, 12 AND 13 project on July 13, 2017, for the City of Waterloo, Iowa. At the bid opening, it was initially thought that the apparent low bidder did not provide the 5% Bid Bond. However, after a review of the submission, the Bid Bond was included with the bid documents. Therefore, the apparent low bidder has met all the requirements of the Instructions to Bidders. AECOM recommends awarding the contract to Dependable Drain & Plumbing / Dependable Maintenance Systems of Clinton, Iowa, for the Total Bid price of $30,660.00. Yours sincerely, Christopher G. Oelkers, PE Enclosure: FY 2017 CIP Pipelining Phase IIIA Project Bid Tab dated 07/13/2017 P:\60543369\600_Construction_Support\02- MH INSP\605_Bidding\02-Bid Opening\20170713 FY 18 MH INSP Recommendation LTR.docx Page 60 of 280 v Logan Construction, INC W U a` 0 $ 153,300.00 U a` Save Our Sewers, INC U a` A 0 O M U a` Fehr Graham 0 O N fA w 0 N w U a` A 0 N 0 0 a 0 0 rsi CNI co co Engineers Estimate CNI A 0 0 O o W a g _ A :‘,c7, a m Wco m 0) 2 0) 2 0) 2 0) 2 e r co W PROJECT TOTAL Page 61 of 280 CITY OF WATERLOO Council Communication Sale and conveyance of certain tracts of land, formerly portions of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club. City Council Meeting: 7/17/2017 Prepared: 6/26/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Notice to Property Owner - ❑ Notice to Property Owner - D Notice to Property Owner - ID Notice to Property Owner - ID Iowa Code Section 306.23 D No Bids Received SUBJECT: Submitted by: Recommended Action: Summary Statement: Tract 1 Tract 2 Tract 3 Tract 4 Action Approved Approved Type Backup Material Backup Material Backup Material Backup Material Backup Material Cover Memo D ate 7/12/2017 - 9:53 AM 7/12/2017 - 12:24 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing to proceed pursuant to Iowa Code §306.23. No bids were received. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City previously took action to vacate and convey portions of right-of- way of West San Marnan Drive, and the Iowa Supreme Court declared that the City did not use the proper procedure in conveying said property, and enjoined the City from selling or transferring the land without following the procedures prescribed in Iowa Code Section 306.23. The City has now obtained an independent appraisal of the land from Rally Appraisal, LLC and is proposing to sell the land in accordance with Iowa Code Section 306.23, which included notices mailed by certified mail to persons entitled to notice and the accepting of sealed bids, which were due July 13, 2017 at 1:00 p.m. in the offices of the City Clerk. There was also a hearing on July 10, 2017 to provide an opportunity to be heard to ensure compliance with Iowa Code Section 306.23. The hearing dates and bid opening complies with the 60 day notice requirement of the Code. Page 62 of 280 Expenditure Required: Source of Funds: Policy Issue: Background Information: None n/a Land Disposal Please find attached the notices that were mailed. Also attached is an overview aerial photo and an aerial photo for each of the 4 tracts to be sold. Per Iowa Code Section 306.23, the area to be sold is broken into the 4 different tracts as these 4 areas were originally acquired by the IDOT from different property owners. Legal Descriptions: See attached. Page 63 of 280 NOTICE May 10, 2017 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City of Waterloo to notify you as the present owner of the adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 1 That part of the Southwest Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Southwest Quarter; thence N89°49'35" E 1166.63 feet along the South line of said Southwest Quarter to the point of beginning; thence N2°21'21" W 21.34 feet to the former North right-of- way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°38'39'E 1487.92 feet along said former right-of-way to the East line of said Southwest Quarter; thence S0°09'45" E 77.99 feet to the Southeast corner of said Southwest Quarter; thence S89°49'35" W 1486.01 feet along the South line of said Southwest Quarter to the point of beginning, containing 1.695 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $318,248. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. If no offers are received by 1:00 p.m. on July 13, 2017, or no offer equals or exceeds the fair market value, the property will be disposed of by the City of Waterloo by other means. 1 Page 64 of 280 If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 1 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting of July 10, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting of July 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. <el.i,ecy 7eteit2e Kelley Felchle, City Clerk, City of Waterloo 2 Page 65 of 280 Page 66 of 280 Tract 1 - Page 1 taxmailto4 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701 WATERLOO, IA 50704-0000 CEDAR FALLS, IA 50613-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 CEDAR FALLS, IA 50613-0000 PORT RICHEY, FL 34668-0000 WATERLOO, IA 50701-0000 taxmailto3 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 1925 WESTCHESTER RD #204 WATERLOO, IA 50701 1900 WESTCHESTER RD #G WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 1925 WESTCHESTER RD #208 1964 KAMILLE CT 1959 KAMILLE CT 3846 TRENT LN WATERLOO, IA 50701-0000 1962 KAMILLE CT WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 o cnz X O m O a 5135 SWEET BASIL LN PO BOX 802 1925 WESTCHESTER RD #316 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 1941 KAMILLE CT 300 STATE ST #304 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 cc 0 z 0 m m 0 1848 WESTCHESTER RD WATERLOO, IA 50701-0000 taxmailto2 1925 WESTCHESTER RD #112 3909 BRADLEY RD 1900 WESTCHESTER RD #D FRUSHOUR,MARGARET M 1975 WESTCHESTER RD GIBBS,MARSHA 1928 KAMILLE CT 1925 WESTCHESTER RD #222 GONNERMAN,DONALD G HACKETT,CONNIE J HARN,KARLA K HELLMAN,BETTY L 1925 WESTCHESTER RD #116 HERRING,MARY C 1925 WESTCHESTER RD #312 1925 WESTCHESTER RD #308 1900 WESTCHESTER RD #B HUMBLE,BONNIE J 3927 BRADLEY RD JASCHEN,ANNA MAE 1977 KAMILLE CT 1900 WESTCHESTER RD #C 3844 TRENT LN 1925 WESTCHESTER RD #210 2233 WESTVIEW AV 2 a 0 z J z J LEE,DEBRA 5 1870 WESTCHESTER RD 3913 BRADLEY RD 1925 WESTCHESTER RD #220 MALAISE,DAWN M TRUST MARR,CAROL A 1925 WESTCHESTER RD #216 taxmailtol FOUTS,TAMARA J FREMONT,LINDAJ FRITTS,JANICE K FRUSHOUR,DAVID R GEARHART,DIANNE E TRUST GIBBS,DANIELT GIENGER,KATHERINE M GLASSON,JANICE L GONNERMAN,MARILYN M HACKETT,DAVID F HARN,BYRON E HELLMAN,ROBERT B SR HENKLE,BARBARA M HERRING,RONALD P HILDEBRANDT,CAROL A HOLSTAD,A JOHN HUGHES,MAXINE C TRUST HUMBLE,ROBERT M HURM,VIRGINIA A JASCHEN,DUANE M JORGENSON,MARY A KAPP,ELIZABETH KARR JENNER TRUST KELLEY,MARJORIE A LAUTERBACH,GORDON R LAYLIN,WILLIAM K LEE,RANDALL R LINDQUIST,MICHELLE A LOGAN,STEPHANIE E LYNCH,JANET MALAISE,LARRY L TRUST MARR,MERRILL J MARTENS,MAXINE M Page 67 of 280 Tract 1 - Page 2 taxmailto4 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 taxmailto3 1972 KAMILLE CT 1925 WESTCHESTER RD #322 3865 TRENT LN 1925 W WESTCHESTER RD WATERLOO, IA 50704 WATERLOO, IA 50701-0000 WATERLOO, IA 50701 WATERLOO, IA 50701-0000 1938 KAMILLE CT 1921 KAMILLE CT 3834 TRENT LN 1925 WESTCHESTER RD #114 1925 WESTCHESTER RD #218 1925 WESTCHESTER RD #320 WATERLOO, IA 50704 2623 FALLS AV 1925 WESTCHESTER RD #310 WATERLOO, IA 50701-0000 108 WHISTLING STRAITS LANE WATERLOO, IA 50701-0000 1925 WESTCHESTER RD #206 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 1920 KAMILLE CT 1937 KAMILLE CT WATERLOO, IA 50702-0000 1857 WESTCHESTER DR 1866 WESTCHESTER RD 1723 PINEHURST LN 1974 KAMILLE CT WATERLOO, IA 50701-0000 3857 TRENT LN C/O PHILIP SHERBURNE taxmailto2 MC CADAM,BEVERLY L MC ELLIGOTT,MARILYN A MEINDERS,PATRICIA M MILLER,RETA M PO BOX 2817 1963 KAMILLE CT 1409 OLYMPIC DR 1409 OLYMPIC DR MONTGOMERY,MARY NEUWOHNER,MARY L 0 BRYON,PAULA ORUM,NORMA J TRUST DAVIS PHILLIPS,SHIRLEYA QUARNSTROM,JANET LLOT X08 Od RAMSEY,MARGARET T HANSEN,BETH E 1925 WESTCHESTER RD #102 REINERTSEN,CYNTHIA 1924 KAMILLE CT ROBERT,IRENE R 1939 KAMILLE CT 1929 KAMILLE CT SAUL,NANCY JO SCHAEFER,CAROL J 3825 W 9TH ST SCHEPPELE,MIANN K SCHMIDT,JEANNE D SCHUCHMANN,AMBER J SCHUMAN,JAN M 1925 WESTCHESTER RD #106 REINARD,MARY E 1925 WESTCHESTER RD taxmailtol MC CADAM,STANLEY 1 MC ELLIGOTT,ROBERT P MEINDERS,MICHAEL A MILLER,JIM D MILLER,VAN G TRUST MISENHEIMER,ETHELYN M LE MOLINARO,MARY ELLEN MOLINARO,MARY ELLEN MONTGOMERY,LOUIS E NEUWOHNER,THOMAS B J = z 0 >m 0 ORUM,A MANLEY TRUST PHILLIPS,DAN J TRUST QUARNSTROM,KEVIN R2KTOO L L C RAMSEY,WILLIAM E RANNEY,PEGGYA LE REGENCY NORTH WATERLOO OWNERS AS REINERTSEN,PETER E RITTER,HOLLEY ROBERT,WILLIAM J ROOT,ELINOR E TRUST ROOT,STEVEN A SAUL,DONALD L SCHAEFER,MICHAEL A SCHALL,FLO SCHEPPELE,JAMES E SCHMIDT,ROBERT D SCHUCHMANN,MICHAEL P SCHUMAN,JAMES E SCHWEERTMAN,SHIRLEY A SCULLY,GEORGE D SHERBURNE,JEAN S TRUST Page 68 of 280 Tract 1 - Page 3 Page 69 of 280 Tract 1 - Page 4 OFFER TO BUY I herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the following land: Tract 1 That part of the Southwest Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Southwest Quarter; thence N89°49'35" E 1166.63 feet along the South line of said Southwest Quarter to the point of beginning; thence N2°21'21" W 21.34 feet to the former North right-of- way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°38'39'E 1487.92 feet along said former right-of-way to the East line of said Southwest Quarter; thence SO°09'45" E 77.99 feet to the Southeast corner of said Southwest Quarter; thence S89°49'35" W 1486.01 feet along the South line of said Southwest Quarter to the point of beginning, containing 1.695 acres. I herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. I accept title by Quit Claim Deed. I agree to accept the Quit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Chapter 306 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the following conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. I certify that I have inspected the property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit an offer, as shown above, for the property. 1 Page 70 of 280 Appraised value: $318,248 Offers Due: Thursday, July 13, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 1 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. If my offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PRINT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 71 of 280 NOTICE May 10, 2017 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City of Waterloo to notify you as the present owner of the adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 2 That part of the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of said Southeast Quarter; thence N0°09'06"W 77.99 feet to the former North right-of-way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°27' 11"E 1641.43 feet along said former right-of-way; thence S2°32'49"E 100.76 feet; thence Southwesterly 37.81 feet along a 570.00 foot radius curve, concave Southerly, said curve having a chord of 37.81 feet and bearing S67°34'44"W; thence Southwesterly 99.21 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 99.05 feet and bearing S71"15'04"W, to the South line of said Southeast Quarter; thence S89°50'54"W 1515.34 feet along the South line of said Southeast Quarter to the point of beginning, containing 4.175 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $783,886. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. If no offers are received by 1:00 p.m. on July 13, 2017, or no offer equals or exceeds the fair market value, the property will be disposed of by the City of Waterloo by other means. 1 Page 74 of 280 If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 2 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting of July 10, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting of July 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. "e22ey 7e€c€ree Kelley Felchle, City Clerk, City of Waterloo 2 Page 75 of 280 taxmailto4 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50703 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 CEDAR FALLS, IA 50613 WATERLOO, IA 50701 WATERLOO, IA 50701 taxmailto3 1321 OLYMPIC DR 1421 OLYMPIC DR CEDAR FALLS, IA 50613 ATTN: FINANCE DEPARTMENT 1333 OLYMPIC DR WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 1447 OLYMPIC DR 1347 OLYMPIC DR WATERLOO, IA 50701 923 ELMRIDGE DR WATERLOO, IA 50701 1525 OLYMPIC DR 1537 OLYMPIC DR Waterloo, IA 50701 taxmailto2 ADAMS,JOLAN K ANFINSON,GAYLE A Ni X m 0 a 715 MULBERRY ST FISHER,LORI S 1513 OLYMPIC DR 1547 OLYMPIC DR 1409 OLYMPIC DR PETRIDES,FEDON RICHARDSON,KARYN M cc 0 z a z cc a 2 z a STEGALL,JILL 1600 OLYMPIC DR VICH,TROYCE WILSON,TERRI R 4629 W 4th St. taxmailtol ADAMS,JOHN M ANFINSON,LARRY L CEDAR VALLEY REAL ESTATE L L C CITY OF WATERLOO FISHER,MARK D HILL,JAMES E KNEELAND,BRADLEY L MOLINARO,MARY ELLEN PETRIDES,PATRICIA RICHARDSON,PAUL E L SAN MARNAN MANAGEMENT INC STEGALL,BRIAN SUNNYSIDE COUNTRY CLUB INC VICH,JOSEF M WILSON,DEXTER E James and Annabelle Trent Page 76 of 280 Tract 2 - Page 1 Page 77 of 280 OFFER TO BUY I herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the following land: Tract 2 That part of the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of said Southeast Quarter; thence N0°09'06"W 77.99 feet to the former North right-of-way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°27' 11"E 1641.43 feet along said former right-of-way; thence S2°32'49"E 100.76 feet; thence Southwesterly 37.81 feet along a 570.00 foot radius curve, concave Southerly, said curve having a chord of 37.81 feet and bearing S67°34'44"W; thence Southwesterly 99.21 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 99.05 feet and bearing S71"15'04"W, to the South line of said Southeast Quarter; thence S89°50'54"W 1515.34 feet along the South line of said Southeast Quarter to the point of beginning, containing 4.175 acres. I herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. I accept title by Quit Claim Deed. I agree to accept the Quit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Chapter 306 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the following conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. I certify that I have inspected the property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being 1 Page 78 of 280 offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit an offer, as shown above, for the property. Appraised value: $783,886 Offers Due: Thursday, July 13, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 2 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. If my offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PRINT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 79 of 280 rs 74. 011 MP • W� 0 L co 0 a) cc; -o -o o o 4 r" TD L o a) al Ch D c0' c LE �'a 2.2 U ''(Q VJ r o ai Z 92 „.f NOTICE May 10, 2017 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City of Waterloo to notify you as the present owner of the adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 3 That part of the Northwest Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of said Northwest Quarter; thence N89°49'35"E 1166.63 feet along the North line of said Northwest Quarter to the point of beginning; thence N89°49'35"E 1486.01 feet along the North line of said Northwest Quarter to the Northeast corner of said Northwest Quarter; thence S0°09'45"E 52.11 feet; thence S87°38'39"W 1268.30 feet; thence Westerly 135.88 feet along a 480 foot radius curve, concave Northerly, said curve having a chord of 135.43 feet and bearing N84°14'46"W; thence Westerly 82.40 feet along a 540.00 foot radius curve, concave Southerly, said curve having a chord of 82.32 feet and bearing N80°30'28"W; thence N2°21'21"W 72.65 feet to the point of beginning, containing 2.666 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $500,561. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. If no offers are received by 1:00 p.m. on July 13, 2017, or no offer equals or exceeds the fair market value, the property will be disposed of by the City of Waterloo by other means. 1 Page 82 of 280 If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 3 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting of July 10, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting of July 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. "e22ey 7e€c€ree Kelley Felchle, City Clerk, City of Waterloo 2 Page 83 of 280 taxmailto4 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50703 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 taxmailto3 WATERLOO, IA 50701 1954 RED TAIL DR WATERLOO, IA 50701 WATERLOO, IA 50704 1935 RED TAIL DR ATTN: FINANCE DEPARTMENT 1946 RED TAIL DR 4202 HARBIN DR 1925 RED TAIL DR 1923 RED TAIL DR 1924 RED TAIL DR WATERLOO, IA 50701 WATERLOO, IA 50703 1904 RED TAIL DR 1934 RED TAIL DR 1964 RED TAIL DR WATERLOO, IA 50701 4245 W 4TH ST 1911 RED TAIL DR 1916 RED TAIL DR 1886 RED TAIL DR 1967 RED TAIL DR CEDAR RAPIDS, IA 52401 WATERLOO, IA 50701-0000 WATERLOO, IA 50701-0000 Waterloo, IA 50701 Waterloo, IA 50703 Cedar Falls, IA 50613 Ames, IA 50014 Cedar Falls, IA 50613 Ames, IA 50014 taxmailto2 CC U a N CI_ Nicn BROWN,GREGORY A 1955 RED TAIL DR M 0 N X o CO 0 a CEJVANOVIC,SEJLA 715 MULBERRY ST COOPER,MICHELLE L DAMS,CHRISTY K DIZDARIC,MERIMA DIZDARIC,ZLATA DOLIC,SUADA 1111 W SAN MARNAN DR 1221 FRANKLIN ST KAJTEZOVIC,HAJRA KANTAREVIC,SABIRA KENNETT,BRENTON A 1896 RED TAIL DR KLINGAMAN,DEBRA A KRAPFL,BRENDA CUTUK,MINELA PAULSON,JONNA M SMITH,JULIE K 425 2ND STREET SE, SUITE 900 1945 RED TAIL DR 1947 RED TAIL DR #1B 400 Kingsley 928 Mulberry 1209 W 23rd Street 2160 Country Club Blvd 1209 W 23rd Street 2160 Country Club Blvd O r.. cz E X 4- A S HOLDINGS LLC BROWN,STACI A CAFARO,CRAIG CEDAR VALLEY 4 RENT L L C CEJVANOVIC,ELVIS CITY OF WATERLOO COOPER,ORLANDO DAMS,JUSTIN DIZDARIC,ADNAN DIZDARIC,KADIR DOLIC,IRHAD GALACTIC DEVELOPMENT CORP GARCIA,GUADALUPE KAJTEZOVIC,MUHAMED KANTAREVIC,HAJRUDIN KENNETT,BRIAN M KIRKLAND,KAMI R KLINGAMAN,STEVEN R KRAPFL,KEVIN OBIC,EDIN PAULSON,RYAN D SMITH,HERBERTJ XL COLT FARMS LLC a a > 0 L.= TRUNNELL,ANGENE B Irene Sindlinger Ocea Sindlinger William Wayne Sindlinger Pauline Evelyn Sindlinger McGinnis Joan Sindlinger Dallas V. McGinnis Page 84 of 280 Tract 3 - Page 1 Page 85 of 280 OFFER TO BUY I herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the following land: Tract 3 That part of the Northwest Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of said Northwest Quarter; thence N89°49'35"E 1166.63 feet along the North line of said Northwest Quarter to the point of beginning; thence N89°49'35"E 1486.01 feet along the North line of said Northwest Quarter to the Northeast corner of said Northwest Quarter; thence S0°09'45"E 52.11 feet; thence S87°38'39"W 1268.30 feet; thence Westerly 135.88 feet along a 480 foot radius curve, concave Northerly, said curve having a chord of 135.43 feet and bearing N84°14'46"W; thence Westerly 82.40 feet along a 540.00 foot radius curve, concave Southerly, said curve having a chord of 82.32 feet and bearing N80°30'28"W; thence N2°21'21"W 72.65 feet to the point of beginning, containing 2.666 acres. I herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. I accept title by Quit Claim Deed. I agree to accept the Quit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Chapter 306 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the following conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. I certify that I have inspected the property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being 1 Page 86 of 280 offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit an offer, as shown above, for the property. Appraised value: $500,561 Offers Due: Thursday, July 13, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 3 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. If my offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PRINT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 87 of 280 NOTICE May 10, 2017 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City of Waterloo to notify you as the present owner of the adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 4 That part of the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence N89°50' 54"E 1515.34 feet along the North line of said Northeast Quarter; thence Southwesterly 94.61 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 94.48 feet and bearing S82°08' 18"W; thence S87°27' 11"W 477.10 feet; thence S88°39'59"W 945.22 feet; thence N0°09'45"W 52.11 feet to the point of beginning, containing 1.184 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $222,305. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form. If no offers are received by 1:00 p.m. on July 13, 2017, or no offer equals or exceeds the fair market value, the property will be disposed of by the City of Waterloo by other means. 1 Page 90 of 280 If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 4 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting of July 10, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting of July 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. "e22ey 7e€c€ree Kelley Felchle, City Clerk, City of Waterloo 2 Page 91 of 280 taxmailto4 WATERLOO, IA 50703 taxmailto3 ATTN: FINANCE DEPARTMENT WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50704 WATERLOO, IA 50704 Cedar Falls, IA 50613 Ames, IA 50014 taxmailto2 715 MULBERRY ST CC z a z cc a z a CC z a z cc a z a PO BOX 2817 PO BOX 2817 1209 W 23rd Street 2160 Country Club Blvd taxmailtol CITY OF WATERLOO GALACTIC DEVELOPMENT CORP SAN MARNAN MANAGEMENT INC VGM MANAGEMENT INC VGM MANAGEMENT LTD William Wayne Sindlinger Pauline Evelyn Sindlinger McGinnis Page 92 of 280 Tract 4 - Page 1 Page 93 of 280 OFFER TO BUY I herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the following land: Tract 4 That part of the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence N89°50' 54"E 1515.34 feet along the North line of said Northeast Quarter; thence Southwesterly 94.61 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 94.48 feet and bearing S82°08' 18"W; thence S87°27' 11"W 477.10 feet; thence S88°39'59"W 945.22 feet; thence N0°09'45"W 52.11 feet to the point of beginning, containing 1.184 acres. I herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. I accept title by Quit Claim Deed. I agree to accept the Quit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Chapter 306 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the following conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. I certify that I have inspected the property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit an offer, as shown above, for the property. 1 Page 94 of 280 Appraised value: $222,305 Offers Due: Thursday, July 13, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 4 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, July 13, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. If my offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PRINT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 95 of 280 .40 .0, e. ui,71:70. 41W 4 ■46 i a£ •let ;■ 7, it' ' aia,OR mee � \$ § 1 EXECUTIVE BRANCH ORGANIZATION AND RESPONSIBILITIES, §306.23 306.23 Notice — preference of sale. 1. The agency in control of a tract, parcel, or piece of land, or part thereof, which is unused right-of-way shall send by certified mail to the last known address of the present owner of adjacent land from which the tract, parcel, piece of land, or part thereof, was originally purchased or condemned for highway purposes, and to the person who owned the land at the time it was purchased or condemned for highway purposes, notice of the agency's intent to sell the land, the name and address of any other person to whom a notice was sent, and the fair market value of the real property based upon an appraisal by an independent appraiser. 2. The notice shall give an opportunity to the present owner of adjacent property and to the person who owned the land at the time it was purchased or condemned for highway purposes to be heard and make offers within sixty days of the date the notice is mailed for the tract, parcel, or piece of land to be sold. An offer which equals or exceeds in amount any other offer received and which equals or exceeds the fair market value of the property shall be given preference by the agency in control of the land. If no offers are received within sixty days or if no offer equals or exceeds the fair market value of the land, the agency shall transfer the land for a public purpose or proceed with the sale of the property. 3. For the purposes of this section, "public purpose" means the transfer to a state agency or a city, county, or other political subdivision for a public purpose. [C35, §4755-f2; C39, §4755.45; C46, 50, §313.54; C54, 58, 62, 66, §306.17; C71, 73, 75, 77, 79, 81, §306.23; 81 Acts, ch 98, §1; 82 Acts, ch 1104, §7] 87 Acts, ch 35, §1; 97 Acts, ch 149, §2, 3 Referred to in $331.361 Thu Dec 15 10:08:24 2016 Iowa Code 2017, Section 306.23 (8, 0) Pag, SALE OF CERTAIN TRACTS FORMERLY PORTIONS OF W. SAN MARNAN NO BIDS RECEIVED Bid Tab: July 13, 2017 Estimate: Bidder Bid Security Bid Amount Page 99 of 280 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC. City Council Meeting: 7/17/2017 Prepared: 6/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Convention Center DA ❑ Public Comment • Public Comment 2 SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Backup Material D ate 7/12/2017 - 11:03 AM 7/12/2017 - 12:24 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorization sale and conveyance of city owned property located at 200 West 4th Street (Convention Center), in the amount of $1.00, to LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with LK Waterloo, LLC, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Approval of actions listed above. The City of Waterloo is working to enter into two development agreements: 1) for the renovation of the Ramada Hotel 2) for the sale and renovation of the Convention Center With a new taxable value of $5.0 million, with City grants totaling $1,050,000 towards the renovations, 15 years of tax rebates at 34%. The two agreements work to bring forth the entire renovation of the two structures as a whole, increasing the taxable value of the two from —$3.5 million to $17 million. The agreements work to solidify the continued use of the convention center as a convention center into the future, work to keep a 4 star hotel in place, and improved and efficient operations, scheduling, service, food, as well as added employment of 100 employees. The City has met with the developers for months now to properly go over criteria of their past projects, their plans for the hotel and convention center, Page 100 of 280 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: and the continuing partnership and communication with City staff, local businesses, the Convention and Visitors Bureau, to push for success of both facilities. $1,050,000 Bonds as identified in the Capital Improvements Program Economic Development. Meeting Stategic Goals 1, 3, and 4, with new jobs, new tax base, new image improvements of Waterloo. Not approve The City of Waterloo has continued to look for developers interested in the renovations needed for the Convention Center, and renovations needed to bring more hotel rooms near said center. See development agreement attachment Page 101 of 280 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between LK Waterloo, LLC, a Wyoming limited liability company (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and undertake acquisition and rehabilitation of an existing convention center property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Subject to the terms and conditions of this Agreement, City will convey to Company for the sum of $1.00 the real property described on Exhibit "A" attached hereto ("Property"), located at 200 W. 4th Street and consisting of assessor parcel no. 8913-26-231-002. Company will undertake the Project (defined below) upon the Property. Included with the Property at no additional cost will be all personal property and fixtures (collectively, the "FFE") located therein or thereon that belong to City, and the skywalk that connects the Convention Center (defined below) with the hotel located at 205 W. 4th Street, including structures supporting the skywalk. Company agrees to take the Property, all FFE, and the skywalk and supporting structures in their "as is, where is" condition, subject to all faults. Company further agrees that City has not made and does not hereby make any representation or warranty concerning the Property, FFE, or the skywalk and supporting structures as to their condition, operability, merchantability, fitness for any particular use, or otherwise, and Company hereby disclaims any and all such warranties. Page 102 of 280 2. Improvements by Company. Company shall upgrade and renovate the lobby, meeting rooms and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $6,000,000. A list of intended Improvements is attached hereto as Exhibit "B". The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement or after taking ownership of the Property, whichever occurs last, and shall substantially complete the Project within eighteen (18) months thereafter. Commencement of Improvements for purposes of this Agreement shall mean the delivery of plans to the City for the referenced renovations. The City agrees to provide expedited review of all matters submitted for approval and to coordinate responses so as to complete any reviews and/or administrative approval within the most expeditious time frame available using commercially reasonable efforts. 3. City Commitments in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 10 below. B. Economic development grants. City will make an economic development grant to Company in the amount of $700,000, payable within sixty (60) days after plans for exterior improvements have been approved by the downtown design/build management team (DBMT) and Waterloo Building Official. City will make a further economic development grant to Company in the amount of $350,000, payable within sixty (60) days after completion of final permit inspections relating to interior Improvements. C. Parking. The parties agree to enter into a separate agreement for use of up to 200 non -reserved spaces in the connected parking ramps by patrons of the Waterloo Convention Center (the "Convention Center") and the associated hotel (the "Hotel"). Because both facilities will be under management by Company, no particular number of spaces is allocated herein between the facilities. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. D. Dedicated Support. City agrees that for a period of ten (10) years after it deeds the Property to Company, City will not promote, provide incentives for, or otherwise assist in the development or utilization of any convention center or events center in Black Hawk County, Iowa that contains more than 10,000 square feet of rentable space, nor will City assist or encourage any other person or entity to do so. 4. Conveyance; Title. Conveyance shall be by special warranty deed (the "Deed"), free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate 2 Page 103 of 280 real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. The parties will schedule a closing to occur as promptly as possible following completion of the hearings, procedures and approvals that City is required to complete pursuant to Section 17. No less than 30 days before closing, City shall provide to Company any abstracts of title for the Property in its possession, updated to a date within 60 days before closing. Company may, at its own expense, obtain whatever additional form of title evidence it desires. City shall make every reasonable effort to promptly perfect title. If closing is delayed due to City's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Company when the Purchase Price is paid in full. 5. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Company must tender plans for a building permit within six (6) months after the date this Agreement is approved by City (the "Project Start Date") and substantially complete renovations within eighteen (18) months of the date building permits are issued (the "Project Completion Date"). If Company has not, in good faith, begun work on the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if work has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for work on the Improvements, and if an extension is granted but the work has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If work has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that the Improvement work is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if work is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 6. Dedicated Property Use; Possibility of Reverter. The parties acknowledge that the Property is used principally as a convention center and events 3 Page 104 of 280 facility (the "Dedicated Uses"). Company agrees that the Property will continue to be used principally for such purposes until City gives its written consent to an alternate principal use. If Company permits the Property to be used principally for any purpose other than the Dedicated Uses, then title to the Property shall revert to the City. The parties agree that the Deed shall include a statement of the Dedicated Uses and the possibility of reverter. 7. Reverter of Title; City as Attorney -in -Fact; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements or any replacement financing for same. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "C", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $5,000,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; 4 Page 105 of 280 (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "C" at closing. 10. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 9, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Ten, inclusive, for any taxable value over the January 1, 2018 value of $2,500,000, subject to adjustment as provided in this Section based on evaluation by the performance review board provided for in Section 14. If the board's scoring system at any time yields an aggregate score of less than six (6), Company's eligibility for a full rebate shall be placed on probationary status and the rebate payable in the succeeding year will be adjusted down to a 25% rebate if the aggregate score in the succeeding year is not at least six (6). Each year will be separately evaluated using the foregoing methodology. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, otherwise Company will forfeit its right to a rebate for that year in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 11. Job Creation. Company agrees that it will hire no fewer than 100 employees to provide an adequate staffing level for operation of the Hotel and Convention Center to a standard of quality established by an oversight board more fully described in Section 14 hereof. The employees hired hereunder to meet the requirements include the employees hired pursuant to Section 6 of the Development 5 Page 106 of 280 Agreement of even date herewith as to the Hotel adjacent to the Property. Company shall be free to assign or allocate its personnel between the facilities as it deems best for optimal operation of the two facilities, consistent with the quality standards referenced above. During each year that a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close of City's fiscal year, provide a written report to City showing the number of full-time (30 or more hours per week) and part-time employees that Company has on its payroll as of the last calendar day of each month during the reporting period. 12. Insurance. Until City has, following completion of the Improvements, released its rights for reverter of title as provided in Section 5, Company agrees to keep in force one or more policies of insurance covering the Property and FFE against loss or damage, in an amount not less than the Minimum Actual Value. Such policy or policies shall name City as an additional insured and provide for at least a 30 -day notice of cancellation to City. Company shall provide proof of insurance to City at each policy renewal. 13. Improvement Plan and Escrow. The parties acknowledge that the Convention Center is a 40 -year-old facility that is likely to require significant periodic maintenance, renovation, and upgrade. Accordingly, Company agrees to maintain a segregated escrow account into which Company will deposit, during each calendar year or within thirty (30) days after the close of each calendar year, an amount equal to three percent (3%) of the Convention Center's operating revenues for such calendar year, but not less than $75,000. Company's first contribution to the account shall be after the second year that it operates the Convention Center. For purposes of this section, "operating revenues" means the total amount received from third parties by Company or any other person or entity operating the Convention Center on behalf of Company, directly or indirectly arising out of or connected with the Convention Center, including but not limited to transactions for cash, credit and credit card sales, less applicable sales taxes. Company may utilize funds from the escrow account to defray the cost of capital upgrades and improvements to the Convention Center. By having such a fund, the parties express no expectation that it will be the sole source of funds for such upgrades or improvement costs. Company shall develop and periodically update (not less than annually) a facility improvement plan to address foreseeable needs for Convention Center maintenance or upgrades, desired improvements, and contingencies. The plan shall be provided to the performance review board described in Section 14 after each update, and Company shall consider input from said board. 14. Review Board. The parties agree to formation of a performance review board for the Convention Center (the "Board"). The Board shall consist of at least five members, including one City staff member appointed by the mayor, the Executive Director or other designee of the Waterloo Convention & Visitors Bureau, the Executive Director or other designee of Main Street Waterloo, one representative of Company, and one representative from a company in the community that is designated by the mayor because of the company's high utilization of the Convention Center. Each organization that contributes a Board member may replace its appointed member at any time in its discretion. The Board will meet at least semi-annually to evaluate the 6 Page 107 of 280 use, operation and condition of the Convention Center and to assess the extent to which the Convention Center has been utilized to positively impact the local economy, to enhance the business climate of Waterloo, and to enhance the quality of life for Waterloo residents and area visitors by providing a high-quality venue and user experience for meetings, conventions, banquets, and other community gatherings and events. Evaluation criteria shall include user attendance and the service satisfaction metrics described in Exhibit "D" attached hereto. At least annually, the Board will rate the evaluation criteria as set forth in Exhibit "D" to encourage continuous improvement and to provide an incentive to Company for payment of full rebates as provided in Section 10. 15. Restrictions on Transfer; Purchase Rights. Company may not sell, convey, give, or otherwise transfer title to the Property to any third party without the prior written consent of City, except to a successor by merger or consolidation, which consent shall not be unreasonably withheld if such third party has demonstrated experience of no less than ten (10) years in profitably operating one or more facilities of similar size and agrees to assume all obligations of Company hereunder. If Company is in receipt of a bona -fide purchase offer from a party that is unrelated to Company by common ownership or control, and if the terms of the offer are acceptable to Company, then Company shall promptly deliver a full and true copy of same to City. For a period of sixty (60) days after receipt of the offer, City shall have a right of first refusal to purchase the Property for the same price as stated in the offer, which City may exercise by delivery of written notice to Company. At closing, City shall be given credit against the purchase price as set forth below: (i) If the City exercises its purchase right on or before December 31, 2023, the credit will equal the sum of (a) the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above, namely, $2,500,000, and (b) the economic development grant paid to Company pursuant to Section 3.B above. (ii) If City exercises its purchase right from January 1, 2024 until and including December 31, 2028, the credit will be the assessed value of the Property at the time of conveyance to Company pursuant to Section 4 above. (iii) If City exercises its purchase right after December 31, 2028, the credit will be $250,000. In any event where City exercises a right of purchase, the closing shall occur within an additional forty-five (45) days after delivery of written notice of exercise, and Company shall provide to City an updated abstract of title for the Property and convey title at closing by general warranty deed. 16. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo 7 Page 108 of 280 and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 17. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. 18. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 19. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company may operate the Convention Center through a separate company affiliated with Company by common ownership and/or control, but 8 Page 109 of 280 Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall provide written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1402 S. 13th Street, Omaha, NE 68108, Attn: Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC, 7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 9 Page 110 of 280 24. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "D", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 10 Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager Page 111 of 280 PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Edwin W. Leslie 11 Page 112 of 280 EXHIBIT "A" Legal Description of Property Block 7, Original Plat on the West Side of the Cedar River, City of Waterloo, Iowa, and Lots 1 through 6 of Elwell's Subdivision, city of Waterloo, Iowa, including all alleys but excepting street right of way. Page 113 of 280 EXHIBIT "B" Description of Improvements See attached. Page 114 of 280 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), LK Waterloo, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $5,000,000 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before December 31, 2019. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2034. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 115 of 280 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 2 Page 116 of 280 STATE OF ) ) ss. COUNTY OF ) Acknowledged before me on , 2017 by Edwin W. Leslie as Managing Member of Leslie Hospitality Consulting, LLC, Manager of LK Waterloo, LLC. Notary Public 3 Page 117 of 280 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Five Million Dollars ($5,000,000). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 118 of 280 EXHIBIT "D" Criteria to Evaluate Service Satisfaction The annual performance review will be conducted by weighing Company's performance each fiscal year (July 1 to next June 30) against quantitative and qualitative goals mutually established by the Performance Review Board in the categories of (1) attendance and (2) service satisfaction. The definition of each category is as follows: (1) "Attendance" is the total number of persons attending events at the Facility in a fiscal year, determined by recording the attendance at each usage and adding up the total attendance for all usages for the year. For attendance figures to be counted in this calculation, an event must be a contracted event, for which a contract has been completed. Casual attendance resulting from such day-to-day activities such as facility tours shall not be counted as attendance. Attendance will be compared to targets previously set by the Board and scored accordingly on the scale described below. VAGUE AND NEEDS DEFINITION (2) "Service Satisfaction" is the level of satisfaction set annually by the Performance Review Board, rating Company's performance in meeting the overall goals of the Board. The Board will consider each of the following sub -categories, giving consideration to the criteria set forth for each sub -category and other relevant and related considerations: WHO DETERMINES WHAT IS TIMELY, ETC ?? Cleanliness — Are the building and grounds consistently in a high state of cleanliness? Is cleaning done beyond a surface level? Company shall have a manual that outlines cleaning procedures, schedules and standards applicable to the facility. Company will provide committee with a copy of the manual as well as documentation of cleaning. Event Execution — Do set-up and tear -down happen in a timely fashion? Is the audio-visual equipment prepared appropriately for the event? Are the details and expectations that are set out in the banquet event order matched? The committee will review all customer surveys that Company receives. Customer Service — Have Company and staff performed all duties in a professional productive manner with the aim of ensuring a successful event and experience for the client, ensured that client needs are met and operational policies and procedures followed, and been responsive to requests by customers and prospective customers to view the facility and to address inquiries satisfactorily and in a timely manner? Food and beverage service — Is food served at the appropriate temperature? Are guests being served the correct food? Does the quantity of food match Page 119 of 280 what was ordered by the customer? Are food and beverage served in a timely (standard) ? fashion? Does the setup of food service adequately provide guests an opportunity to serve themselves (banquet setup)? Are there enough beverages available to guests? Are dirty plates, glasses, silverware cleared at the appropriate time? Maintenance — Are all facility features, systems and mechanicals in good working order and, if appropriate, of a presentable appearance? Reports and communications — Has Company made regular reports (monthly, unless otherwise noted) to the Board with attendance figures, property and equipment maintenance, facility cleaning and post -event customer surveys? Sales and marketing — Has Company worked with the Convention & Visitors Bureau to ensure that the facility event calendar is kept up-to-date, and met regularly with Convention & Visitors Bureau sales team? Compliance (Legal and Audit) — Has Company maintained all appropriate permits and insurance and ensured that staff has appropriate training? Have Company and its staff complied with all applicable local, state and federal laws? Under this plan, each Board member would complete a score card at the end of each fiscal year for which a property tax rebate may be payable. For each evaluation category, one of the following scores would be assigned: (PREFER A SCORE CARD SUBMITTTED BY MEETING PLANNERS) 0 — Fails to meet expectations 1 — Sometimes meets expectations 2 — Consistently meets expectations 3 — Meets and sometimes exceeds expectations 4 — Consistently exceeds expectations Each sub -category under "service satisfaction" will be separately scored, and then the scores will be totaled, averaged and rounded to the nearest tenth of a point to determine a score for the service satisfaction category as a whole. The overall score on all evaluation criteria shall be the sum of (a) the attendance category score and (b) the service satisfaction category score times two. Aggregate scores for the two major categories falling below six (6) for more than one consecutive year would lead to Company being placed on probation for the next year for tax rebate purposes. Operator will be required to provide plans for specific corrective measures. Failure to bring scores to six (6) or above by the end of the probationary period may result in downward adjustment of the tax rebate as provided in the Development Agreement. The scoring system and expectations for scores will be reviewed annually by the Performance Review Board and modified as deemed appropriate by a majority of all members of the Board. DISUPTE RESOLUTION AND WHAT IF BOARD 2 Page 120 of 280 DOESN'T AGREE [NEED SUMMARY ARBITRATION RULES FOR BINDING RESOLUTION] 3 Page 121 of 280 Tim Hurley 1933 Crabapple Lane, Waterloo, IA 50701 319-232-1752 ward1aIo®mchsi.com July 10, 2017 Aaron Buzza, Executive Director Waterloo Convention & Visitors Bureau 500 Jefferson St. Waterloo, IA 50701 Dear Aaron, RECEIVED JUL 1 1 2017 I won't be able to attend the city council meeting on July 17t1, to speak in favor of the development agreement between the City of Waterloo and Leslie Hospitality re: the renovation of the convention center and the Ramada Hotel. I am wholeheartedly in favor of this agreement, and wish the council members to know of my support for this long-awaited project. Having had personal, professional and political experience with the Ramada/FSBCC I believe this proposed development is the best opportunity to restore what has been a very neglected venue and, at the same time, put the soul back into downtown Waterloo where it belongs. I very much appreciate the mayor's and the council members' thorougluress, thoughtfulness and cooperation during the process of creating a working agreement with Leslie Hospitality and the Sullivan family. I hope the agreement will be unanimously approved so that we can mark this occasion in the future as a signal event amongst many in bringing Waterloo back to the forefront where we belong. Sincerely, Tim Hurley - former mayor; current member: GCVAC, Tech Works, WDC, BHCGA, WCF Cc: The Honorable Mayor Quentin Hart Page 122 of 280 HAWKEYECOMMUNITY LLEGE 1501 .East Orange R'', c1 • P.O, Box 8015 • Walerioc, I r July 13, 2017 OFFICE OF THE PRESIDENT iI iG-r •; 211 • WWW. haw eyecollege.etki Mayor Quentin Hart and City Council Members City of Waterloo City Hall Waterloo, Iowa Dear Mayor and Council Members: As President of Hawkeye Community College, I am pleased to provide support for the City of Waterloo's economic development agreement with Leslie Hospitality Management to upgrade and rejuvenate the Five Sullivan Brothers Convention Center and Ramada Hotel properties. Hawkeye's new Adult Learning Center is currently under construction with an anticipated opening date in the fall of 2018. Among other things, this Center will provide training for people seeking employment in the hospitality and culinary arts fields. This training and its proximity to the downtown area creates an opportunity for partnering with Leslie Hospitality Management for internship experiences as well as long term employment opportunities, both of which would help Leslie Hospitality Management as it transforms the facility into the Waterloo Convention Center at Sullivan Brothers Plaza and Hotel RL. We see this venture as a great opportunity to alleviate the concerns that have plagued these facilities while providing a tourism and economic development boost the City needs. I look forward to partnering with both the City of Waterloo and the Leslie Hospitality Management group as this project moves forward. Sincerely, Linda Allen, Ph. D. President Page 123 of 280 M[ 7.2 1,_1,1 1 We've got you covered. Jim McKernan Vice President & General Manager July 13, 2017 Aaron Buzza Executive Director Waterloo Convention & Visitors Bureau 500 Jefferson Street Waterloo, Iowa 50701 Via email: aaron cgtravelwaterloo.com Dear Aaron: As you and I have discussed on previous occasions, the need for a solution to our convention center problem is clear and present. Waterloo is surrounded by cities, namely; Cedar Rapids, Dubuque, Iowa City, Rochester, Des Moines, Omaha, Davenport, Lacrosse, et.al., which have superior facilities compared to Waterloo. This situation makes us non-competitive and completely unable to provide a high-quality experience for conventions and events. The current facility has lost business and will continue to lose business because of the antiquated condition of the facility, the poor aesthetic appeal, the lack of a professional sound system, the poor food, and the easy availability of much better facilities in our region. The only business the convention center will attract will be low end events looking for a cheap deal that will ultimately not bring either cache or cash to downtown Waterloo. Frankly, the facility is an embarrassment and should be viewed that way by city leadership. Recently, we were forced to inform our on -air talent they could no longer emcee events in the facility unless the event hired a contract sound engineer like the Alliance did for their annual dinner this year due to the poor sound quality and lack of reliability of the equipment in the facility. We spend far too much money on imaging our anchors and reporters to then watch it being degraded by subpar technology. Now let me shift gears and enthusiastically throw my support, the support of KVWVL-TV and the support of Quincy Media Inc. behind the proposed transaction between the City of Waterloo and Leslie Hospitality from Omaha. Given the various issues surrounding the split ownership of the hotel and convention center, the likely risk of a bond issue to finance a complete restoration of both and the urgent need to do something now, the Leslie proposal is highly attractive and in our view; the most KWWL Television, Inc. 500 E 4'h 5t. Waterloo, IA 50703 319-291-1200 Page 124 of 280 Page Two concrete, likely to happen solution which has come to the forefront TO DATE. The RL flag for the hotel, with its accompanying lifestyle approach and restaurant is PRECISELY what is needed for the facility. It is 2017 and Waterloo needs downtown convention facilities which express that fact. Leslie intends to provide a hotel which is fun, comfortable, contemporary, competitive, and appealing while adding a great restaurant to attract daily customers, not just guests of the hotel. The facility will have curb appeal and will partner nicely with the rehab of the convention center, fully funded by Leslie, providing a state of the art event and convention experience. This is a great opportunity for Waterloo, Iowa. Given the difficulty in funding large projects, this proposal should be viewed as a gift. If not this, what? It is indeed the best way for the city to proceed. A completed project will be a boon to downtown Waterloo and put an exclamation point on the development which has already occurred. The financing approach is similar, though on a larger scale, to other development deals which have been done by the city to spur growth. Assuming appropriate standards in the development agreement affording the city protections for the next 20-25 years, this deal is the right deal at the right time for our city. To speak plainly, this is a no-brainerl l Our support for the Leslie proposal is unequivocal. We applaud the efforts of the Mayor, Noel Anderson and Michelle Weidner to get us this far and respectfully ask the city council to ratify the agreement. Regard m McKernan ice President & General Manager M/sy Page 125 of 280 G R E A T E R ALLIANCE & CHAMBER RE PART OF SOMETHING GREATER THE CEDAR VA!.I FY OF IOWA July 13, 2017 Mayor Quentin Hart and City Council Members City of Waterloo City Hall Waterloo, IA Via email Dear Mayor and Council Members: The Greater Cedar Valley Alliance & Chamber encourages you to approve the development agreement with an entity of Leslie Hospitality Management (developer) related to the convention center and associated hotel, during your July 17 meeting. This agreement is beneficial to the city's taxpayers, and should be seen as enabling a significant benefit to the Cedar Valley economy and your city's image. • The upgrading and rejuvenation of the convention center and hotel, together, by a private for-profit entity will send a strong and visible signal to the market that a viable, "new" major convention option is available in Iowa. • The developer is a proven entity. They have been successful in similar rejuvenation projects where they have identified similarly weak properties and brought them to a strong, competitive market position. They have been transparent about plans and requirements for this property. They have been available to you as decision makers and to stakeholders throughout the Cedar Valley area. They are a credible, proven partner in a difficult project that requires high profile communications with your constituents, convention market participants (both customers and hospitality and entertainment colleagues), and Cedar Valley stakeholders. • The transaction puts the convention center on the commercial tax roll, permitting an element of self-financing in the short term and contributes to the tax base immediately. It increases the tax value of the hotel in the very short term. • This agreement and private approach to rejuvenating the convention center solves a very difficult, highly visible and pressure -filled redevelopment problem for the City. It also permits the City to assert its voice effectively in maintaining the quality and use of the facility. Page 126 of 280 Convention Center July 13, 2017 Page12 • The marketing of the rejuvenated convention center, as offered by the developer, will bring tens of thousands of new visitors and repeat visitors to Waterloo and the Cedar Valley, whose meetings otherwise may not have been attracted to the Cedar Valley area. • The project re-establishes and presents what will likely be the largest single indoor event attendance space in the Cedar Valley market. • The convention center, a black eye to Waterloo and the Cedar Valley for a decade or longer, lends a renewed focal point in the traditional core central business district of the Cedar Valley, encouraging further redevelopment of properties such as the nearby Courier Block, other aging hotel properties, and underutilized historical structures. It can bring vibrancy to the Riverloop Expo grounds. • The characteristics of the Hotel RL flag will bring more of the "vibe" you want in your central business district -- offering another place for dining, but also a place to seek and participate in intimately presented performance and visual arts, utilizing the planned public stage and gallery spaces of the property. It helps create the kind of space in the urban downtown area expected by the professionals we're trying to attract. • It brings another, major property owner voice to support and promote the central business district, supporting continued private and public investment in the district. • The developer understands and supports the importance of cross promotion of properties like the new Marriott Courtyard opening on TechWorks Campus, also an essential redevelopment project of the general riverfront at the edge of your downtown district. Their promotion dollars will "lift all boats" in hospitality and entertainment in the market. • The naming convention of the center and its site is an elegant, very acceptable approach to rebranding the property while continuing to honor the memory of Waterloo's Five Sullivan brothers. It must be understood that changing the name of the building itself gives the building where business is conducted — the center --- a new brand identity and helps erase the convention and meeting marketplace memories of the deficient conditions it and we've suffered. Waterloo Convention Center at Five Sullivan Brothers Plaza brings appropriate attention to both the "new" convention center property in the market, and the historic importance of the place. And more. This is a comprehensive solution to redeveloping the convention center and adjoining hotel that puts Waterloo and the Cedar Valley back into the larger, Midwestern convention market, which we deserve and from which all will benefit. 360 Westfield Ave., Ste 200 Waterloo, IA 50701 • Ph: 319-232-1156 • Fax: 319-233-4580 Greater Cedar Valley Alliance & Chamber • cedarvalteyalliance.com Page 127 of 280 Convention Center July 13, 2017 Page 13 We applaud the concentrated work of the Mayor Hart, Noel Anderson, and Michelle Weidner, along with the CVB and those supporting with legal and business advice, in their professional and aggressive approach. Mayor Hart asked me last fall to assemble a group of business and civic leaders to advise the staff and him on this major project, well before anyone was aware of the LHM firm. He has engaged us in various points of the process, asking for guidance (which was freely given, by the way.) It is for all of these reasons we encourage you to approve the development agreement with Leslie Hospitality Management. Sincerely, Steven J. Dust CEcD CEO cc: GCVAC Board of Directors GCVAC staff Waterloo CVB Noel Anderson, Michelle Weidner, Wendy Bowman 360 Westfield Ave., Ste 200 Waterloo, IA 50701 • Ph: 319-232-1156 • Fax: 319-233-4580 Greater Cedar Valley Alliance & Chamber • cedarvaileyalliance.com Page 128 of 280 July 11, 2017 Mayor Quentin M. Hart 715 Mulberry Street Waterloo, Iowa 50703 Dear Mayor Hart: On behalf of VGM Group, Inc. and our more than 900 employee -owners, 1 would like to give you our support to enter into a development agreement between Leslie Hospitality and the City of Waterloo, which includes the purchase of the Ramada Hotel and improvements to the Five Sullivan Brothers Convention Center. For the past sixteen years, VGM has proudly showcased our hometown of Waterloo by hosting our annual Heartland Conference at the Convention Center — attracting more than one -thousand visitors for four days of education, networking and socializing. Although we enjoy bringing guests from all over the U.S. to Waterloo, we have a lingering struggle with the deteriorating condition and lack of modern amenities at the Ramada and the Convention Center. This causes us to spend thousands of dollars to rent furniture and audiovisual equipment so that attendees experience a more adequate and comfortable learning environment. The roof of both facilities leak which requires staff to place trash receptacles to capture the water. During this year's keynote speaker, water was dripping onto a vacant seat next to one of our guests. In the exhibitor hall, strips of paint fell from the ceiling landing on our guests' products and expensive tradeshow displays. The condition of the skywalk and parking garage are other concerns. Without controlled temperature, the skywalks are unbearable to use. Lack of use could explain why there was a missing door handle from the transition from the skywalk into the Ramada. Other basic maintenance issues include exterior stairs to the parking garage littered with cigarette butts and trash. Poor customer service and lack of security in the parking ramp are other concerns we hope can be addressed. Heartland has a $1.2 million economic impact on Waterloo and we pride ourselves on our outstanding hospitality, but we can only do so much. We feel that having the city enter into a development agreement with Leslie Hospitality will bring the expertise necessary to restore value and pride into the Five Sullivan Brothers Convention Center and the Ramada. Leslie's comprehensive services will not only revive these facilities and provide a wonderful setting for Heartland Conference, but also continue the development, both public and private, of downtown Waterloo. Sincerely, Mike Mal faro CEO 1111 W. San Marnan Drive 1 PO. Box 2817 1 Waterloo, Iowa 50704 Phone: 800.642.6065 + Fax: 319.235.9774 1 www.vgm.com Page 129 of 280 August 10, 2016 Columbus High School Class of 1981 5025 William Drive Waterloo, IA 50701 Bette Wubbena Director of Events Greater Cedar Valley Alliance and Chamber 10 W. 4th Street, Suite 310 Waterloo, IA 50701 Dear Ms. Wubbena, I am writing to you because of the experience my classmates and I had during our class reunion in downtown Waterloo this summer. Our committee began planning this reunion 11 months ago and our goal was to make this a nice reunion (fancier than the picnic type reunion we had 5 years ago). We decided that we wanted to have the reunion in downtown Waterloo to showcase some of the wonderful additions that have been made to that part of our community. We planned a golf outing for during the day on Friday at the Iry Warren Memorial Golf Course. Friday evening's festivities were to start out at the Riverloop Amphitheater and then move to the Factory City Gastropub and party room at the Ramada Inn Hotel. Saturday's event was a dinner and dance to be held at the Five Sullivan Brothers Convention Center. During the planning stages of the reunion we met with the staff at the Ramada, we reserved a block of rooms, we looked over menus and sampled food options and chose the areas of the hotel and convention center that we thought would work best for our events. The weekend of our reunion (July 22 & 23rd) was a hot one! We knew that the outdoor events would be hot and uncomfortable but we were reassured by the fact that the other parts of our reunion would be indoors at a nice hotel where people would be comfortable. We were wrong! Upon arriving at the hotel on Friday afternoon I was horrified at how hot the lobby, elevators and all of the hallways were. The Gastropub doors were closed at the time and so I assumed that it was cool in that area and maybe it was just the above mentioned areas that were hot. My husband and I were staying at the hotel and I asked the desk staff during check-in if they had someone coming to fix the air conditioning. We were told that they were working on it. My husband and I waited for over 10 minutes for an elevator to go up to our room (we later learned that only one elevator was working). We used the stairs for the remainder of our stay but unfortunately the stairwells did not have working air conditioning either. Luckily for us the air in our room was working but I was immediately disappointed in the condition of our room. The carpet looked like it hadn't been vacuumed and it was covered in stains, the room smelled musty, the bathroom was dingy, moldy and dark and the bathroom door was falling apart. My husband went to get ice to top off our cooler but the ice machine wasn't working. We were also disappointed to learn that our "block of rooms" wasn't a block at all. My classmates' rooms were spread out all over the hotel. 1 was beginning to think that even though the Ramada looked like a nice hotel on the outside it was a whole different Page 130 of 280 story on the inside. As a committee we didn't tour the guest rooms. We assumed they were nice, clean and up to date. That was a mistake and we were wrong. As my classmates began arriving at the hotel we started hearing of one problem after another. Several people had to switch rooms more than once until they were finally put in rooms with working air conditioning (this after waiting for what seemed like forever in a sweltering lobby for staff to make the changes). Some rooms had no bath towels or only hand towels that looked like dish rags. One room's door was gouged up like someone had tried to break into the room. Classmates were stuck down in the lobby because the one working elevator never arrived. Mold in the bathrooms was a common complaint along with dirty carpet, peeling wallpaper, smelly hallways and no refrigerators. The worst of all was that one couple's room had not even been cleaned! Even the bed was still unmade and there were hairs all over in the bathroom. When they called the desk to complain they were told they would send someone up immediately to clean it or they could get a new room. Rather than missing out on time with classmates while waiting at the desk to switch rooms they chose to stay in that room (they were told it would be cleaned right away). Little did they know there was no housekeeping staff person on duty! Finally late in the evening a male staff member came up and put clean sheets on the bed but no one cleaned anything! They had to call the desk several times the next morning before someone finally came in, cleaned the bathroom and brought in clean towels! As I stated above, our Friday night event was to start at the Amphitheater. That venue was beautiful and the band was awesome. However, the heat and humidity were awful. Most of our classmates were looking forward to leaving that event early and heading in to the Ramada bar and party room to escape the oppressive weather conditions. I was looking forward to that as well. My husband and I walked back over to the Ramada from the Amphitheater and upon entering the Factory City Gastropub realized there was no air conditioning in the bar or party room! The appetizers that were part of our event were sitting out in the party room melting in the heat. No one wants to eat warm salami and greasy cheese! When we planned our event, Marco from the Ramada staff had promised us a lovely meat and cheese tray with a variety of meats and cheeses, homemade chips and salsa and homemade pretzels with dip. The food that they provided was nothing like that! The items were salami, cheese, pretzels, chips from a bag and warm salsa. That was it! As you can imagine, I and the other committee members were beyond upset at this point. We were trying to find someone to help us with all of these issues that were becoming overwhelming and frankly ruining our reunion. The only staff members available were the people at the desk who said there wasn't anything that they could do. Everyone else was gone for the weekend! Why had they not contacted us earlier in the week when the forecast called for extremely hot weather and told us that their air conditioning wasn't working? Why didn't they offer us an alternative to the bar and party room area (possibly somewhere else in the hotel or convention center where it would be at least a little bit more comfortable)? It was clear that the Ramada Inn staff did not care about the comfort of their guests. They were happy to take our money and promise us things that they knew they could not deliver. It was so frustrating that no one from the Ramada actually came up to any of us that night and asked what they could do to make things better. It seemed as if there was no one in the hotel who had any authority. Eventually someone did bring in a few fans to blow on the food and around the bar area to try to make things better but they said nothing could be done to fix the air conditioning. The bartender told us that the air never works when it is hot outside. The staff members that helped us plan our event must have known this ahead of time but never mentioned that it might be a problem (remember, our reunion was scheduled for a weekend in July in Iowa)! Page 131 of 280 As the evening progressed we kept hearing more stories from our classmates about the deplorable conditions of the hotel. The elevator that did work was filthy. There was a hole in the skylight in the lobby. Imagine the bugs and bats that have found their way in to the hotel through that hole. The glass in the lobby doors and windows was full of handprints and grime. Everyone was trying to make the best of it but this was not the nice reunion that we had spent so many months planning for. Saturday, during the day, our classmates continued to try to deal with the staff at the hotel. The response from the staff at the desk was "that's the way it is and you will just have to deal with it"! My husband and I had planned on staying two nights at the hotel but decided to only stay one night because of the awful conditions. A few other classmates did the same so we then had to drive home after Saturday night's event instead of just walking across the street to our hotel like we had planned on doing. Saturday evening's event was held at the Five Sullivan Brothers Convention Center and thankfully the air conditioning was working properly in that building. The food was good, the staff there was accommodating and everyone seemed to have a good time. As a committee we knew that we did not get what was promised by the Ramada staff so Joe Craig and met with Marco and Dustin on the following Monday afternoon and brought our list of complaints to them. We also gave them the contact information for our classmate who spent the night in a room that had not been cleaned and had no clean towels. They were apologetic, took notes as we were speaking and said they would get back to us right away. They said they wanted to make things right with us. They said they wanted to make things right with the classmate who had the dirty room. They shook their heads in dismay and said they understood why we were so upset. Marco stated that the heating and cooling system in the building had been inadequate since the facility opened many years ago.. My question is why then do they continue to book events in the summer when they know it will be miserable for their guests? We felt that they would honor their promise of making things right and get back to us right away. Again, we were wrong. We didn't hear anything from Dustin or Marco the rest of that day or on Tuesday, Wednesday or Thursday. Finally, on Friday afternoon, Joe called them back. Marco said he was planning on calling Joe that afternoon! Their idea of making things right was to deduct $200.00 from our final invoice! Joe was astonished! He stated that was unacceptable and at the very least they should remove all of the food costs from Friday night. Marco agreed to deduct $600.00 from our total bill of $3104.04. Joe reminded them that they also needed to make an adjustment to the room charge for our classmate who spent the night in a dirty room with no clean towels. Marco said he would do that. We paid our final bill minus the $600.00 so that we could put this terrible experience behind us. To this day our classmate with the dirty room has not heard a thing from the Ramada! We have since heard that the heating and cooling system in the Ramada is always a problem for guests whether it is summer or winter. Ms. Wubbena, my reason for writing to you is that I am proud of Waterloo. The Columbus class of 1981 reunion committee wanted to impress our classmates and show the ones that no longer live in this area how far Waterloo has come since the 80's when many of them left. The Ramada Inn Hotel and its staff Page 132 of 280 are a disgrace to Waterloo and should never be recommended to anyone. I know that the Greater Cedar Valley Alliance and Chamber wants to make a good impression on anyone coming to Waterloo. The hotel connected to Waterloo's convention center should be a shining example of the beautiful city we live in. Staying there should be a pleasant experience that makes people want to come back to our city again and again. Instead, staying in that hotel leaves guests feeling that Waterloo is still the run down old town that it was several years ago. The Ramada Inn is privately owned so I'm assuming that not much can be done by outside organizations to improve the conditions there. However, my reunion committee and I wanted to do our part to make sure that the Alliance and Chamber organization knows not to recommend staying there to anyone (especially if they want them to leave with a good impression of Waterloo). Thank you for your time. I know this was a long letter and 1 appreciate you taking the time to read it. Thank you for all that you do to promote our city and the Cedar Valley as a whole. Sincerely, Liz Griffin Freshwater Columbus High School Class of 1981 Reunion Committee (319) 269-7427 Page 133 of 280 Martin Bros. D I$ T n I F U T I N a CO INC November21, 2016 Ms. DeLaHunt: Martin Bros held their annual Food Show last month, October 2nd and Pat the Five Sullivan Brother convention center in Waterloo. We have been holding our event at this location for over 20 years. We bring customers from all over Iowa and the surrounding states. Our customers are all involved in the hospitality and restaurant industry and look foiiward to a weekend where they can be the customer, be entertained and learn more about ways to further the success of their businesses. In addition to renting the convention center for 4 days, we book 400 hotel rooms in the metro area and support many local restaurants and retailers. We have concerns we would Like shared regarding our experience this year, The Ramada suffered a major power - outage, days before our show. Aaron Buzza from the Waterloo Convention and Visitors Bureau was very helpful in helping us find an additional lodging for our customers to replace the 160 rooms we were unable to maintain at the Ramada. We know this was unavoidable and unfortunate for you, however we do strongly feel that communication from your staff was poor and didn't seem to have any sense of urgency. Also, because there was no power at the Ramada, the convention center was unable to clean linens over the course of our event. The major issues we have are with the convention center itself. It is my understanding that the boiler has been under repair for a number of months. There was no heat available to the entire building while we were there. Mornings were in the low 40's and the building temperature was uncomfortable. We were told that there was no way to correct that concern, during our stay. The restroom facilities need serious improvements. Most of the toilets leak or the fixtures sweat and this creates not only a slipping hazard, but also an unclean appearance that cannot be addressed, even with continuous staffing. The design layout makes people with wet hands drip water 4 feet across the main walk area to reach paper towels. In addition, we have grave concerns from multiple customers about the temperature of the water. In the women's restroom on the Jefferson side of the upper concourse, the water was so hot, steam was coming off of it. Two people reported burns that weekend. Lastly, the ceiling in exhibition hall is peeling off. I understand the staff spent time the week before the show scraping excess paint off the ceiling. While I'm sure this helped, it did not rectify the situation. We had 120 vendors serving food to over 1000 guests. There were many times over the course of the weekend I found paint chips on the tables and on the floor. As a local company, employing over 400 people from this area, we are very proud of the Waterloo — Cedar Falls area and enjoy the opportunity to invite customers from all over the Midwest to our city. We know keeping our business local is important to many people in the community. Foodservice with a Difference Operations Center • 406 Viking Road, Cedar Falls, IA 50613 Marketing Center • 6623 Chancellor Drive, Cedar Falls, IA 50613 Solutions Center • 312 Viking Road, Cedar Falls, IA 50613 MartinsNe . cw p 1- 00-847-2404 Page 134 of 280 Martin Bras: DISTRIBUTING CO INC We felt it necessary to convey these concerns. We have not determined whether we will be holding our event in Waterloo again next year. The size of our event has outgrown what we see as our current options, as well as the concerns addressed above. 4P ase feel ree to ontact me f?r further discussion. 1 ifer Meinders VP of Merchandising Martin Bros Dist. Co. Cedar Falls, IA 50613 319-553-0445 jmeinders(ibni rtinbros.com cc. Brooks Martin, President/CEO Martin Bros. Dist Co, Aaron Buzza, Executive Director, Waterloo Convention and Visitors Bureau Foodservice with a Difference Operations Center • 406 Viking Road, Cedar Falls, IA 50613 Marketing Center • 6623 Chancellor Nye, Cedar Falls, IA 50613 Solutions Center • 312 Viking Road, Cedar Falls, IA 50613 MartinsNetRcogn o 1-800-x:472404 Page 135 of 280 Martin Bros. DISTRIBUTING CO INC July 5, 2017 Mayor Hart, Martin Bros is pleased with the announcement of the development agreement between Leslie Hospitality and the City of Waterloo. We are excited for the investment Leslie Hospitality has indicated they are willing to make, to bring the convention center up to standards that will encourage existing clients to continue business in Waterloo, as well as hopefully draw more business to our great community. Based on discussions we've had, I know you are aware that there are basic improvements (ceiling, water temperature, facility heating and cooling) that must be addressed immediately for us to keep our business with the convention center. Other longer term investments must be made, to make this facility comparable to other venues in neighboring cities. Our community must continue to support and push progress forward at the Five Sullivan Brother Convention Center. 1 know more companies will be forced to move their conference business elsewhere if this doesn't happen. This, of course, affects our towns financially much more than the revenue created by facility rental with the Toss of hotels stays, restaurant meals and much more. Please let me know how I can continue to support you in this endeavor. Sincerely, Jennifer Meinders Vice President of Merchandising Martin Bros. Distributing Co. Cedar Falls, IA 319-553-0445 jmeinders@martinbros.com Foodservice with a Difference Operations Center • 406 Viking Road, Cedar Falls, IA 50613 Marketing Center • 6623 Chancellor Drive, Cedar Falls, IA 50613 Solutions Center • 312 Viking Road, Cedar Falls, IA 50513 MartinsNetf com • 1-800-847-2404 Page 136 of 280 Career Services 7/6/17 University of Northern Iowa Mayor Quentin Hart Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 Mayor Hart: I am writing in support of the development agreement between the City of Waterloo and Leslie Hospitality that covers the purchase of the Ramada Hotel and the improvements at the Convention Center. This next year will mark the 42nd year of the annual University of Northern Iowa Overseas Teaching Fair hosted by the UNI Office of Career Services. For the past 22 consecutive years, UNI Career Services has held our event in both the convention center and Ramada Inn. As estimated by the Waterloo Convention & Visitors Bureau, the economic impact for Waterloo of our Overseas Fair is between $800K - $1M annually. Two significant pieces to the lasting success of this event are 1) excellent hotels for our international school administrators & teachers and 2) a first class, 215t century convention center. The pending sale and renovation of the Ramada is met with great anticipation by our overseas recruiters. I think we can all agree it is much needed. However, the opportunity to include a renovation of the convention center is even more exciting to those of us who rent the facility. In fact, as one of the convention centers larger event rentals, I can tell you that the $6M Leslie Hospitality is proposing to spend to bring this facility up to modern convention center standards is truly needed. From technology, to restrooms, to HVAC, to windows, to lighting, to straight forward curb appeal, much work is needed! Mr. Mayor, it is our sincerest wish to keep this event in Waterloo. The much needed renovation of the Ramada and convention center will not only go a long way in supporting those of us who are already Tong -time users but will, in my opinion, spur additional growth in the downtown area. Many thanks to you, the city council, the convention and visitors bureau and the area economic development agencies for your great work on this tremendous opportunity. Sincerely, Robert J. Frederick, Director Office of Career Services University of Northern Iowa 102 Gilchrist flail • Cedar Falls, lova 50614.0384 • Phone: 319-273-m57 • FIX! 319-273-6998 • win tini.edu/careersenices Page 137 of 280 CITY OF WATERLOO Council Communication Resolution approving S upplemental Agreement No. 1 with AEC 0 M Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $47,500.00, in conjunction with the FY 2018 East 5th Street Parking Ramp Repairs, Contract No. 930, and authorize Mayor to execute said document. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn ATTACHMENTS: Description ❑ Cont 930_Supp Agreement NO 1 SUBJECT: Submitted by: Summary Statement: Source of Funds: Background Information: Action Approved Approved Type Cover Memo D ate 7/12/2017 - 11:00 AM 7/12/2017 - 11:12 AM Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $47,500.00, in conjunction with the FY 2018 East 5th Street Parking Ramp Repairs, Contract No. 930, and authorize Mayor to execute said document. Submitted By: Mark A. Boesen, Manager of Rehabilation Services/Building Maintenance The project consists of the removal and replacement of ramp, center and stairwell expansion joints; repair of spalled and delaminated slap, ramp and column concrete; repair of basement drainage including new slap section and drains; steel door replacement; and concrete landing replacement to the East Fifth Street Parking Garage. 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. GO Bonds Page 138 of 280 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO EAST FIFTH STREET PARKING RAMP PHASE I REPAIRS SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Service Agreement was entered into by City of Waterloo (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated March 7, 2016, for design of Phase I Ramp Repairs and construction plan preparation for the East Fifth Street Parking Garage in Waterloo; and WHEREAS, the Client and ATS desire to enter into Supplemental Agreement No. 1 to provide engineering services during the construction phase of the East Fifth Street Parking Garage Repairs. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION The project consists of the removal and replacement of ramp, center and stairwell expansion joints; repair of spelled and delaminated slab, ramp and column concrete; repair of basement drainage including new slab section and drains; steel door replacement; and concrete landing replacement to the East Fifth Street Parking Garage. 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 139 of 280 AECOM 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 Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee of Forty -Seven Thousand Five Hundred Dollars ($47,500.00) and shall be segregated from the fees estimated for Part VI of the original agreement. IV. In all other aspects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated March 7, 2016. Page 140 of 280 AECOM Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: AECOM TECHNICAL SERVICES INC. By Date Douglas W. Schindel, P.E. Associate Vice President CITY OF WATERLOO, IOWA By Date Quentin Hart Mayor O:WdministrationWGREE\SUPPLE\SA1 Wat E 5th Str Parking Ramp Ph 1 Repairs.doc Page 141 of 280 CITY OF WATERLOO Council Communication Resolution approving the Construction Related Services (CRS) Agreement withAECOM Technical Services, Inc. of Waterloo, Iowa, in conjunction with the projects contained in FAA Grant 3-19-0094-0045 at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/17/2017 Prepared: 7/3/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 7/3/2017 - 5:08 PM Clerk Office Even, LeAnn Approved 7/5/2017 - 11:56 AM ATTACHMENTS: Description Type D AECOM - CRS Agreement Cover Memo D FAA Approval Letter for AECOM CRS Agreement Cover Memo D Funding Shortfall Backup Material D Funding Reallocation Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving the Construction Related Services (CRS) Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in conjunction with the projects contained in FAA Grant 3-19-0094-0045 at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the CRS agreement with AECOM as requests for the Airport Director The agreement associated with this project, complies with the City of Waterloo's Strategic Plan with the following: 1. Goal No: 3 and Strategy 3.3, 3.4 and 3.5. 2. Goal No: 4 and Strategy 4.1 and 4.5. The cost of services with AECOM for project administration and inspection services is a NTE fee of $254,000.00. See attached funding plan for Waterloo's local matching share of funds. This project continues past practice to improve / rehabilitate priority airside Policy Issue: pavements to ensure that the City maintains an excellent base of pavements to ensure a safe overall airfield environment for aviation / airport users. Alternative: No alternatives were selected for CRS and CA&I services for this project. Page 142 of 280 Background Information: This project, delayed due to lack of funds during the summer construction season of 2016, allows for the improvements, as follows: 1. Reconstruction of Taxiway Charlie - both North & South of Runway 12- 30 allowing Staff to replace outdated lights and signs, retain the current or existing 50 -foot width of the taxiway surface. 2. Complete a critical pavement joint repair to Runway 12-30 at the intersection of Taxiway Bravo -1; and, 3. Remarking / Repainting of Runway 12-30, Runway 18-36, and Adjacent Taxiways and Aircraft Parking Aprons and Ramp Areas. 4. Update of the FAA -Approved Airfield Markings and Signage Plan. Legal Descriptions: Not Applicable for this request by Staff. Page 143 of 280 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com RECONSTRUCT TAXIWAY C REHABILITATE RUNWAY 12/30 AND REMARK AIRFIELD PAVEMENTS CONSTRUCTION -RELATED SERVICES (CRS) FAA AIP No. 3-19-0094-045 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description: See attached Exhibit A, Scope of Services Scope of Services: See attached Exhibit A, Scope of Services Compensation Compensation for Services for this project shall be a cost plus fixed fee not to exceed Two Hundred Fifty -Four Thousand Dollars ($254,000.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. (ATS) and the City of Waterloo (Client) dated April 15, 2014. The conditions in the attached Exhibit C, Federal Contract Provisions for A/E Agreements, shall replace Exhibit B, Federal Provisions of the Professional Services Agreement. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Date Date June 22, 2017 Page 144 of 280 AECOM EXHIBIT A SCOPE OF SERVICES FOR CONSTRUCTION -RELATED SERVICES (CRS) RECONSTRUCT TAXIWAY C REHABILITATE RUNWAY 12/30 AND REMARK AIRFIELD PAVEMENTS WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP NO. 3-19-0094-045 I. Project Description The project is described as the 2017 FAA AIP Improvements at the Waterloo Regional Airport, Waterloo, Iowa. The project involves the following major construction elements: Reconstruct Taxiway C (Bid Package 1) • Removing Taxiway 01; and • Reconstructing the portions of Taxiway C north of Runway 12/30 and south of Runway 12/30 to near the intersection with Taxiway B with a Portland Cement Concrete pavement section, a new medium intensity taxiway edge light (MITL) system and new guidance signs. Rehabilitate Runway 12/30 and Remark Airfield Pavements (Bid Package 2) • Repairing Runway 12/30 pavement near Taxiway B1; • Cleaning and sealing joints and cracks on Runway 12/30 west of Taxiway C; • Cleaning and sealing joints and cracks on Runway 12/30 within the Runway 6/24 runway safety area; • Pavement marking for select markings on the portion of Runway 12/30 west of Taxiway C; • Pavement marking for Runway 18/36; • Pavement marking for portions of Taxiway A from the Terminal Apron to Runway 6, at the intersection with Taxiway E, and north of Runway 12/30; and • Pavement marking for Taxiways B, B1, and C. The project includes approximately 17,700 square yards of 8 -inch Portland Cement Concrete pavement, 57,900 linear feet of crack and joint filling, 6,700 linear feet of subdrain, 10,000 square feet of pavement marking on Taxiway C and Runway 12/30, a medium intensity taxiway lighting system, including replacement of lighted airfield guidance signs grading and surface restoration along the taxiway. II. General Project Scope The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide construction -phase services. The design phase has been completed and the project is currently in the bid phase. The construction -phase services shall be divided into the following tasks: A. Construction Phase 1. Assemble Construction Documents. This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. Page 145 of 280 AECOM 2. Issued for Construction Project Documents. This task consists of preparing ten sets of plans and project manuals issued for construction. a. FAA. One (1) electronic copy of the issued for construction set of plans and project manual. All plans will be half-size (11" x 17"). b. Sponsor. Two (2) hard -bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11" x 17"). c. Consultant. Four (4) hard -bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11" x 17"). d. Contractor. Five (5) hard -bound copies of the issued for construction set of plans and project manual. Four (4) sets will be half-size (11" x 17") and one set will be full-size (22" x 34"). 3. Pre -Construction Conference. This task consists of preparation of meeting agenda, attending, conducting a pre -construction conference with representatives of the Contractor, Sponsor, Consultant, FAA and affected utilities, preparing meeting minutes and distribution to all meeting attendees and critical organizations not represented at the meeting. 4. Construction Surveying. This task consists of establishing horizontal and vertical control for the project. In addition, this task includes checking the Contractor survey notes for accuracy and method of staking. Contractor's survey will be checked prior to beginning work in the area staked, and periodically for grade and alignment. The survey notes received from the Contractor will be organized, checked and filed for reference during the project. 5. Shop Drawings and Submittals. This task consists of reviewing the following shop drawings and other submittals from the Contractor as required by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Submittals and shop drawings will also be reviewed for compliance with Buy American Provisions of the contract. a. Contractor's Safety Plan Compliance Document (SPCD) b. Joint and Crack Filler c. Crack Repair Material d. Embankment Material e. Silt Fence f. Erosion Control Matting g. Subbase Course h. Aggregate Base Course Portland Cement Concrete Pavement j. Hot Mix Asphalt Pavement k. Joint Sealant Runway and Taxiway Paint m. Reflective Media n. Surface Applied Marking Material o. Reinforced Concrete Pipe p. Storm Sewer Manhole q. Pipe Underdrains r. Underdrain Cleanouts Page 146 of 280 AECOM s. Seeding t. Topsoiling u. Mulching v. Light Fixtures w. Light Bases x. Connector Kits y. Heat Shrink Kits z. Fixture Tags aa. Conduit bb. Handholes cc. Wire dd. Counterpoise Wire ee. Ground Rods ff. Exothermic Welds gg. Wire Tags hh. Guidance Signs ii. Structural Concrete 6. Construction Observation Program (COP). This task consists of preparation of the COP which will detail the measures and procedures that are required to assure conformance with the approved plans and specifications. This program will be developed in accordance with the FAA Central Region AIP Sponsor Guide Section 1000 and submitted for FAA review and approval. The Contractor shall be provided with copies of the FAA -approved COP at least 10 calendar days before the pre -construction conference. 7. Construction Assistance. This task consists of answering design interpretation questions from the Sponsor, Contractor, review staff and appropriate agencies. 8. Pay Applications and Reimbursement Forms. This task consists of preparing and processing monthly applications for payment to the Contractor and forwarding to the Sponsor for execution with recommendations for approval and payment. 9. Labor and Payroll Reports. This task consists of reviewing weekly labor and payroll reports for compliance with Davis -Bacon Act, conducting on-site employee interviews, conducting E.E.O. site inspections and completion of GSA Form 1445. Original documents will be submitted to the Sponsor at completion of project for storage. 10. Testing of Materials. This task consists of providing field testing and materials testing in accordance with the (COP). Braun Intertec will provide quality assurance testing as identified in the COP. 11. Engineer Site Visits. This task consists of the project manager and/or engineer conducting a total of eight (8) periodic site visits to the construction site by design personnel at appropriate stages of construction to observe the progress, safety, and quality of the construction. The engineer's representative will meet with the representatives of the Sponsor and the Consultant to discuss the project's progress and to identify areas of concern to facilitate the construction. For each engineer site visit, a detail site visit memo shall be prepared summarizing the visit and submitted to the Sponsor. These site visits are separate from construction observation. Page 147 of 280 AECOM 12. Change Orders. This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. Change orders will be submitted to FAA for review and approval prior to their execution. 13. Pre -Paving Conference. This task consists of a meeting with the Contractor, quality assurance testing lab, resident project representative and the project manager to discuss the testing requirements and paving plan to assure that controls are in place to meet the project specifications prior to beginning paving operations. 14. Construction Observation. This task consists of providing full-time field observation during construction to review the work of the Contractor to determine if the work is preceding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Also included in this task will be the monitoring of DBE participation in the project. Construction observation is based on providing one full-time, on-site resident project representative for eight (8) hours per day for the full construction contract time of one hundred fifty (150) calendar days. Staffing requirements may be adjusted during the project in relation to the level of construction activity. 15. Weekly Construction Meetings. This task consists of meeting with the airport staff, tenants and the Contractor for weekly progress meetings throughout the construction phase of the project. The meeting is to discuss project status, safety, operations, construction issues and upcoming construction schedule. 16. Weekly Construction Reports. This task consists of preparation and weekly submittal of FAA Form 5370-1, Construction Progress and Inspection Report, to the Sponsor and FAA. Reports in accordance with the AIP Sponsor Guide. A summary of the testing conducted and test results in each week and in -progress construction photographs shall be attached to each weekly report. A similar report format may be used if approved by the FAA. 17. Non -Compliance Reporting. This task consists of reporting to the Sponsor any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advising the Sponsor of any work that should be corrected or rejected. 18. Contractor Modifications. This task consists of reviewing, evaluating and making recommendations to the Sponsor and FAA for consideration on suggestions for modifications that have been proposed by the Contractor. 19. Project Files. This task consists of maintaining 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. 20. Daily Reports. This task consists of the resident project representative keeping a diary, log book or report for those times on site, recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors; activities; decisions, observations in general and specific observations in more detail when necessary, as in the case of observing test procedures. As part of this task, weekly construction progress and inspection reports will be prepared and submitted to the FAA. Page 148 of 280 AECOM 21. Punch List. This task consists of conducting a review of the project near completion and preparing a list of items ("Punch List") to be completed or corrected. 22. Final Review. This task consists of performing a field observation of the completed project before a final application for payment is processed for the Contractor. 23. Project Closeout. This task consists of assisting the Sponsor with project completion and final closeout documentation from the Contractor for the FAA by providing the required documentation as identified in the Central Region Airports Division AIP Sponsor Guide Section 1600. a. Final Outlay Report — Standard Form SF -271 b. Federal Financial Report — Standard Form SF -425 c. Final Project Cost Summary d. Summary of DBE Utilization e. Final Construction Report 1) Brief Narrative of Work Accomplished 2) Summary of Key Milestone Dates 3) Contract Time, Including Explanation of Liquidated Damages (If Required) 4) Statement of Compliance With Contract Labor Provisions 5) Administrative Costs 6) Engineering Costs 7) Force Account (If Any) 8) Construction Costs 9) Buy American Provisions 10) Airfield Lighting Equipment 11) Construction Material Testing and Acceptance 12) Final Inspection Report/Record of Completion 13) Contractor's Final Statement of Completion 14) Project Photographs f. As -Built Record Drawings g. As -Built Airport Layout Plan, Included in Previous Task Order h. As -Built Survey Airport Chart / Diagram Modification, Included in Previous Task Order j. Airport Part 139 Sign Plan, Included in Previous Task Order k. Airport Marking Plan 24. Record Drawings. This task consists of providing the Sponsor with a copy of "Record Drawings" of the construction plans for the project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Two copies of the "Record Drawings" in electronic and reproducible format will be provided to the Sponsor. One electronic copy would be for the FAA. Electronic drawings shall be in MicroStation V8 format. 25. Construction Administration. This task consists of construction administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. Page 149 of 280 Reconstruct Taxiway C/Runway 12/30 Pavement Joint Repair/Pavement Marking Waterloo Regional Airport Waterloo, Iowa FAA AIP Project No. 3-19-0094-045 Construction Related Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 104 $82.30 $8,559.20 Project Professional 162 $59.10 $9,574.20 Staff Professional 128 $46.70 $5,977.60 Professional 52 $35.80 $1,861.60 CADD Operator II 48 $33.90 $1,627.20 CADD Operator I 24 $26.80 $643.20 Senior Technician 1108 $35.60 $39,444.80 Technician 380 $26.50 $10,070.00 Project Support 158 $31.00 $4,898.00 2164 Exhibit B $82,655.80 II. Payroll Burden and Overhead Costs 135.09% $111,659.72 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 4000 0.535 2,140.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 3,000 0.06 180.00 Color Copies 500 0.22 110.00 Plan Copier 100 0.50 50.00 EDM Equipment 0 12.50 0.00 GPS Equipment 8 25.00 200.00 Miscellaneous, Other 500.00 IV. AECOM Estimated Actual Costs Rounded V. Subcontract Expense Braun Intertec VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable $3,180.00 $197,495.52 $197,500.00 $27,400.00 $224,900.00 $29,100.00 $254,000.00 Page 150 of 280 Exhibit B Reconstruct Taxiway C/Runway 12/30 Pavement Joint Repair/Pavement Marking Waterloo Regional Airport Waterloo, Iowa FAA AIP Project No. 3-19-0094-045 Construction Related Services Staff Hour Estimate Item No. Description Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD OperatorI Senior Technician Technician Project Support Totals 1 Assemble Construction Documents 4 4 4 12 2 Issued for Construction Project Documents 4 8 8 20 3 Pre -Construction Conference 4 4 4 12 4 Construction Surveying 24 24 48 5 Shop Drawings and Submittals 4 8 40 16 8 76 6 Construction Observation Program 4 8 8 8 28 7 Construction Assistance 8 4 4 4 8 28 8 Pay Applications and Reimbursements 2 4 8 8 22 9 Labor and Payroll Reports 32 32 10 Testing of Materials 2 4 8 14 11 Site Visits 24 24 16 64 12 Change Orders 4 8 4 2 18 13 Pre -Paving Conference 4 4 4 12 14 Construction Observation 900 300 1200 15 Weekly Construction Meetings 16 48 48 8 120 16 Weekly Construction Reports 40 40 80 17 Non -Compliance Reporting 4 4 8 18 Contractor Modifications 8 8 16 19 Project Files 16 16 20 Daily Reports 4 24 16 44 21 Punch List 8 8 8 8 32 22 Final Review 8 8 8 24 23 Project Close-out 8 24 8 8 40 40 4 132 24 Record Drawings 2 24 24 24 74 25 Construction Administration 12 20 32 Total Construction Phase Services 104 162 128 52 48 24 1108 380 158 2164 Page 151 of 280 EXHIBIT "C" FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "BIDDER", AND "OFFEROR" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR" SHALL PERTAIN TO ANY AND ALL SUBCONSULTANTS UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.326, 2 CFR § 200.333 The contractor must maintain an acceptable cost accounting system. The contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United Statesor any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS—GENERAL Reference: 49 USC § 47123 The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitingfrom Federal assistance. This provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision ofsimilar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. Page 1 of 12 Updated Jan 19, 2016 Page 152 of 280 CIVIL RIGHTS — TITLE VI ASSURANCES 1) Title VI Solicitation Notice Reference: Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the Federal Aviation Administration The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Actof 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifiesall bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fairopportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 2) Title VI Clauses for Compliance with Nondiscrimination Requirements Reference: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally- Assisted Programs at the Federal Aviation Administration During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees asfollows: a) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they maybe amended from time to time, which are herein incorporated by reference and made a part of this contract. b) Non-discrimination: The contractor, with regard to the work performed by it during thecontract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. d) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined bythe sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is inthe exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will setforth what efforts it has made to obtain the information. e) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: i. Withholding payments to the contractor under the contract until the contractorcomplies; and/or ii. Cancelling, terminating, or suspending a contract, in whole or in part. Page 2 of 12 Updated Jan 19, 2016 Page 153 of 280 f) Incorporation of Provisions: The contractor will include the provisions of paragraphs a)through f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractorwill take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 3) Title VI List of Pertinent Nondiscrimination Authorities Reference: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally -Assisted Programs at the Federal Aviation Administration During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. • § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131– 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; Page 3 of 12 Updated Jan 19, 2016 Page 154 of 280 • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR part 26 Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carryout applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt of each payment the prime contractor receives from the Sponsor. The prime contractoragrees further to return retainage payments to each subcontractor within thirty (30) calendar days afterthe subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non -DBE subcontractors. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq. All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor —Wage and Hour Division. Page 4 of 12 Updated Jan 19, 2016 Page 155 of 280 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR part 20, AppendixA The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his orher knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidderor offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Memberof Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any personfor influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for makingor entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR part 1910 All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor— Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR § 200 Appendix II(F) All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Page 5 of 12 Updated Jan 19, 2016 Page 156 of 280 TRADE RESTRICTION CLAUSE Reference: 49 CFR part 30 The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a) is not owned or controlled by one or more citizens of a foreign country included in the listof countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b) has not knowingly entered into any contract or subcontract for this project with a person that isa citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certifyto the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, itwill incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changedcircumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation ofthe contract or subcontract for default at no cost to the Government. 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 provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subjectto prosecution under Title 18, United States Code, Section 1001. Page 6 of 12 Updated Jan 19, 2016 Page 157 of 280 TEXTING WHEN DRIVING (References: Executive Order 13513, and DOT Order3902.10) In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decreasecrashes by distracted drivers, including policies to ban text messaging while driving when performingwork related to a grant or sub -grant. The contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The contractor must include these policies in each third party subcontract involved on this project. VETERAN'S PREFERENCE Reference: 49 USC § 47112(c) In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Page 7 of 12 Updated Jan 19, 2016 Page 158 of 280 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 TERMINATION OF CONTRACT Reference: 2 CFR § 200 Appendix II(B) a) The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed orin progress, delivered to the Sponsor. b) If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services. c) If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may takeover the work and prosecute the same to completion by contract or otherwise. In such case,the contractor is liable to the Sponsor for any additional cost occasioned to the Sponsorthereby. d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination will be deemed to have been effected forthe convenience of the Sponsor. In such event, adjustment in the contract price will be madeas provided in paragraph 2 of this clause. e) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Page 8 of 12 Updated Jan 19, 2016 Page 159 of 280 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION (NON -PROCUREMENT) References: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DOT Suspension & Debarment Procedures & Ineligibility CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER OR OFFEROR) By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (SUCCESSFUL BIDDER REGARDINGLOWER TIER PARTICIPANTS) The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: https://www.sam.gov. 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excludedor disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment. Page 9 of 12 Updated Jan 19, 2016 Page 160 of 280 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 BREACH OF CONTRACT TERMS Reference 2 CFR § 200 Appendix II(A) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessaryto enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL References: 49 CFR § 18.36(i)(12) and 2 CFR § 200 Appendix II(G) Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That, as a condition for the award of this contract, the contractor or subcontractor will notifythe awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed onthe EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR § 200 Appendix II (E) 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than one and one-half times the basic rate of pay for all hours worked in excess offorty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract forthe District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated Page 10 of 12 Updated Jan 19, 2016 Page 161 of 280 damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs) through 4 and also a clause requiring the subcontractor to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of thissection. Page 11 of 12 Updated Jan 19, 2016 Page 162 of 280 THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 12 Updated Jan 19, 2016 Page 163 of 280 �r U.S. Department of Transportation Federal Aviation Administration June 30, 2017 Mr. Keith Kaspari Airport Director Waterloo Regional Airport 2790 Airport Boulevard Waterloo, IA 50703 Re: Central Region Iowa, Kansas, 901 Locust Kansas City, Missouri 64106 Missouri, Nebraska (816) 329-2600 Waterloo Regional Airport (ALO); Waterloo, IA AIP No. 3-19-0094-045 Reconstruct Taxiway C and Remarking Airfield Pavements Subject: Engineering Agreement Acceptance Dear Mr. Kaspari: FAA Determination Based upon our review of the subject engineering agreement between AECOM and City of Waterloo, Iowa we find the engineering agreement acceptable for use on the subject project. This engineering agreement includes the following compensation: Services Compensation Fee Type Construction Related $254,000.00 Not -to -Exceed Total Compensation $254,000.00 What you need to submit now If you have not done so, please submit a copy of the executed engineering agreement for our file. Questions If you have any questions, please contact me at (816) 329-2647 or brian.m.tompkins@faa.gov. Sincerely, -J Brian M. Tompkins, P.E., C.M. State Airport Engineer - Iowa cc: FAA File E Page 164 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for AIP Contract 045 EXPENSES: Contracts: Prepared by MWeidner 7/12/17 AECOM Design 130,500.00 87,800.00 218,300.00 AECOM CRS 254,000.00 Total Engineering 472,300.00 Airport Administration 5,000.00 Construction Croell 2,128,833.19 Aspro 575,859.35 Less Ineligible Items Subtotal Eligible Construction Total Eligible Expenses (Construction, Engineering & Admin) Grant Application Amount Difference (due to ineligible amounts) 2,704,692.54 (8,290.00) 2,696,402.54 3,173, 702.54 3,181,993.00 (8,290.46) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx ShorNige 165 of 280 Prepared by MWeidner 7/12/17 City of Waterloo As of lune 30, 2017 Projected Expenses and Funding for AIP Contract 045 REVENUE: FAA Entitlement Funds: FFY14 Committed $0.00 FFY15 Committed $655,714.00 FFY16 Committed $1,000,000.00 FFY17 Committed $1,000,000.00 Total Funding Authorized to FAA and Committed to Project $2,655,714.00 FFY18 Projected - Not authorized or committed by FAA $200,619.00 Matching Contribution Required: Total Matching Funds Required Total Ineligible Amount Total Local Share 3,173, 702.54 8,290.00 $2,856,333.00 317,370.25 8,290.00 325,660.25 Passenger Facility Charges: PFC Cash Balance June 30, 2017 108,591.38 Projected FYE18 PFC Collections 107,000.00 Actual FYE17 106,832.86 Subtotal - Passenger Facility Charges 215,591.38 Other Funds: Corporate Hangar Funds Collected in Excess of Amount Needed to repay Bonds as of June 30, 2017 40,929.82 Budgeted FYE18 Corporate Hangar Revenue 64,296.00 Total Revenue 320,817.20 Less Other Expenses to be Funded with PFCs: PFC Audit fees PFC Program Administration Fees Engineering - Taxiway A West, Other Proj (2,000.00) (25,000.00) (9,000.00) Projected PFCs Available Through June 30, 2018 284,817.20 Funding Excess (Shortfall) (40,843.05) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx ShorV$lbe 166 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for A!P Contract 045 Prepared by MWeidner 7/12/17 Future Grant - 2018 - $1,000,000 Projected Uses 1,000,000.00 AECOM 2017 Twy C Shortfall $200,619.00 Tree Clearing - CATEX 16,300.00 Twy AW, EA Tree Clearing/Wetland Del. 90,000.00 Construction Twy AW (Phase 1 ?) 693,081.00 Total Anticipated Future Grant 1,000,000.00 K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Shorfklbe 167 of 280 Prepared by MWeidner 7/14/17 City of Waterloo As of June 30, 2017 Airport Shortfall Funding Proposal Airport Operating Budget: Reallocate the following amounts: Other Professional Services Advertising Expense Radios and Related Equipment Computer Equipment 5,000.00 10,000.00 2,500.00 2,500.00 Subtotal - Operating Funds 20,000.00 Reallocate Bond Proceeds 20,843.05 Total Funds Reallocated to Project 40,843.05 Remaining Shortfall 0.00 Note: This leaves no funding available to be used as matching funds for the balance of the future potential FAA grant. K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Airport Fundip plc I of 280 CITY OF WATERLOO Council Communication Resolution approving Award of Contract to Croell, Inc. of New Hampton, Iowa, in an amount not to exceed $2,128,833.19 in conjunction with Bid Package No. 1, (Reconstruction of Taxiway Charlie - Base bid only), at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/17/2017 Prepared: 7/3/2017 REVIEWERS: Department Airport Clerk Office Reviewer Kaspari, Keith Even, LeAnn ATTACHMENTS: Description D FAA Approval / Concurrence of the Award D Picture No: 1 of Taxiway Charlie (North) D Funding Shortfall D Funding Reallocation SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo Backup Material Backup Material D ate 7/3/2017 - 5:08 PM 7/5/2017 - 12:02 PM Resolution approving Award of Contract to Croell, Inc. of New Hampton, Iowa, in an amount not to exceed $2,128,833.19 in conjunction with Bid Package No. 1, (Reconstruction of Taxiway Charlie - Base bid only), at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the Resolution Awarding Contract for the project as described above and as requested by the Airport Director. Project completes the following: 1. Reconstruction of the current asphalt pavement, with concrete pavement, and retains the width of the current taxiway at 50 -feet on both the North and South sides of Runway 12-30. This project will replace numerous an old-style of taxiway edge lights - replacing quartz with LED's, new signs and sign panels, Cost for this project, Bid Package No. 1 - Base bid only, is a NTE cost of $2,128,833.19. See attached funding plan for Waterloo's local matching share of funds. This project complies with the City of Waterloo's Strategic Plan for the Page 169 of 280 Policy Issue: Alternative: Background Information: Legal Descriptions: following: Goal No. 2 and Strategy 2.2. Goal No. 3 and Strategy 3.3, 3.4 and 3.5. Goal No. 4 and Strategy 4.1, 4.5 and 4.7. No project alternatives are associated with this project. This project continues Staffs annual priority to continue to rehabilitate airside pavements. Not Applicable for this request by Airport Staff. Page 170 of 280 U.S. Department of Transportation Federal Aviation Administration June 30, 2017 Mr. Keith Kaspari Airport Director Waterloo Regional Airport 2790 Airport Boulevard Waterloo, IA 50703 Re: Central Region Iowa, Kansas, Missouri, Nebraska Waterloo Regional Airport (ALO); Waterloo, IA AIP No. 3-19-0094-045 Reconstruct Taxiway C and Remarking Airfield Pavements 901 Locust Kansas City, Missouri 64106 (816) 329-2600 Subject: Concurrence in Award Dear Mr. Kaspari: Concurrence in Award of Construction Contract We concur in the award of the following contracts for the development proposed: • Croell, Inc. of New Hampton, Iowa for $2,128,833.19 for the Reconstruct Taxiway C (Bid Package 1) project. This contract includes the awarding of only a base bid. • Aspro, Inc. of Waterloo, Iowa for $575,859.35 for the Rehabilitate Runway 12/30 and Remark Airfield Pavements (Bid Package 2). This contract amount includes the awarding of the base bid and all three bid alternates for additional joint and crack repair and pavement marking. Be advised that our concurrence represents a determination for eligibility of costs and should not be construed as a commitment of Federal funds. The official and public notification that the FAA has allocated funds for a project at your location will be the Congressional release. It is very important that all work performed prior to Congressional release is portrayed to the public as a sponsor, local, initiative. What you need to do now After award of the contracts and the Congressional release, please schedule the Preconstruction Conference. Be sure to invite, as appropriate, your local FAA System Support Center (SSC) technician(s), FAA Air Traffic Organization (ATO) representative(s) and the Federal Security Director. Provide at least 10 days advance notice of the meeting's date and an advance copy of the agenda to all attendees and my attention. Submit to my attention the Construction Observation Plan (COP) for the Reconstruct Taxiway C Project for our review at least 10 days prior to the Preconstruction Conference. A COP is not required for the Rehabilitate Runway 12/30 project. Page 171 of 280 Page 2 of 2 Concurrence In Award ALO 045 What we will do next We will authorize you to issue the Notice to Proceed (NTP) after the following documents have been submitted to my attention: • Executed Grant Agreement, • Executed Construction Contracts and Performance and Payment Bonds, • Issued for Construction Plans and Specifications, and • Preconstruction Conference Minutes. Questions If you have any questions, please contact me at (816) 329-2647 or brian.m.tompkins@faa.gov. Sincerely, Brian M. Tompkins, P.E., C.M. State Airport Engineer - Iowa cc: FAA File Page 172 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for AIP Contract 045 EXPENSES: Contracts: Prepared by MWeidner 7/12/17 AECOM Design 130,500.00 87,800.00 218,300.00 AECOM CRS 254,000.00 Total Engineering 472,300.00 Airport Administration 5,000.00 Construction Croell 2,128,833.19 Aspro 575,859.35 Less Ineligible Items Subtotal Eligible Construction Total Eligible Expenses (Construction, Engineering & Admin) Grant Application Amount Difference (due to ineligible amounts) 2,704,692.54 (8,290.00) 2,696,402.54 3,173, 702.54 3,181,993.00 (8,290.46) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Shorfl3age 174 of 280 Prepared by MWeidner 7/12/17 City of Waterloo As of lune 30, 2017 Projected Expenses and Funding for AIP Contract 045 REVENUE: FAA Entitlement Funds: FFY14 Committed $0.00 FFY15 Committed $655,714.00 FFY16 Committed $1,000,000.00 FFY17 Committed $1,000,000.00 Total Funding Authorized to FAA and Committed to Project $2,655,714.00 FFY18 Projected - Not authorized or committed by FAA $200,619.00 Matching Contribution Required: Total Matching Funds Required Total Ineligible Amount Total Local Share 3,173, 702.54 8,290.00 $2,856,333.00 317,370.25 8,290.00 325,660.25 Passenger Facility Charges: PFC Cash Balance June 30, 2017 108,591.38 Projected FYE18 PFC Collections 107,000.00 Actual FYE17 106,832.86 Subtotal - Passenger Facility Charges 215,591.38 Other Funds: Corporate Hangar Funds Collected in Excess of Amount Needed to repay Bonds as of June 30, 2017 40,929.82 Budgeted FYE18 Corporate Hangar Revenue 64,296.00 Total Revenue 320,817.20 Less Other Expenses to be Funded with PFCs: PFC Audit fees PFC Program Administration Fees Engineering - Taxiway A West, Other Proj (2,000.00) (25,000.00) (9,000.00) Projected PFCs Available Through June 30, 2018 284,817.20 Funding Excess (Shortfall) (40,843.05) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx ShorV$lbe 175 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for A!P Contract 045 Prepared by MWeidner 7/12/17 Future Grant - 2018 - $1,000,000 Projected Uses 1,000,000.00 AECOM 2017 Twy C Shortfall $200,619.00 Tree Clearing - CATEX 16,300.00 Twy AW, EA Tree Clearing/Wetland Del. 90,000.00 Construction Twy AW (Phase 1 ?) 693,081.00 Total Anticipated Future Grant 1,000,000.00 K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Shorfklbe 176 of 280 Prepared by MWeidner 7/14/17 City of Waterloo As of June 30, 2017 Airport Shortfall Funding Proposal Airport Operating Budget: Reallocate the following amounts: Other Professional Services Advertising Expense Radios and Related Equipment Computer Equipment 5,000.00 10,000.00 2,500.00 2,500.00 Subtotal - Operating Funds 20,000.00 Reallocate Bond Proceeds 20,843.05 Total Funds Reallocated to Project 40,843.05 Remaining Shortfall 0.00 Note: This leaves no funding available to be used as matching funds for the balance of the future potential FAA grant. K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Airport Fundipeabreptoml of 280 CITY OF WATERLOO Council Communication Resolution approving Award of Contract to Aspro, Inc. of Waterloo, Iowa, in an amount not to exceed $575,859.35 in conjunction with Bid Package No. 2, (Runway 12-30 pavement joint repair at Bravo 1, crack - seal preventative maintenance, and the repainting of airfield pavements), at Waterloo Regional Airport via FAA Grant No. 3-19-0094-0045 and authorize the Mayor, City Clerk to execute said document. City Council Meeting: 7/17/2017 Prepared: 7/3/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 7/3/2017 - 5:09 PM Clerk Office Even, LeAnn Approved 7/5/2017 - 11:11 AM ATTACHMENTS: Description Type D FAA Approval / Concurrence of Award Cover Memo D Picture No: 1 of Runway 12-30 Pavement Joint Cover Memo D Funding Shortfall Backup Material D Funding reallocation Backup Material SUBJECT: Resolution approving Award of Contract to Aspro, Inc. of Waterloo, Iowa, in an amount not to exceed $575,859.35 in conjunction with Bid Package No. 2, (Runway 12-30 pavement joint repair at Bravo 1, crack -seal preventative maintenance, and the repainting of airfield pavements), at Waterloo Regional Airport via FAA Grant No. 3-19-0094-0045 and authorize the Mayor, City Clerk to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Approve resolution for Award of Contract, as requested by the Airport Director. This project continues the improvement of critical airside pavements at Waterloo Regional Airport. Expenditure Required: The cost of Bid Package No. 2 is $575,859.35. Source of Funds: Policy Issue: See attached funding plan for Waterloo's local matching share of funds. This project complies with the City of Waterloo's Strategic Plan for the completion of the following: Goal No. 2 and Strategy 2.2. Goal No. 3 and Strategy 3.3, 3.4 and 3.5. Page 178 of 280 Alternative: Background Information: Legal Descriptions: Goal No. 4 and Strategy 4.1 and 4.5. No project alternatives were chosen for this project. This project completes the repair of the following areas: 1. Pavement Joint Repair to Runway 12-30 at the Intersection of Taxiway Bravo 1; 2. Crack -Seal preventative maintenance to the remaining sections of the runway that were not completed during the Taxiway Alpha (East) project during the summer of 2015. 3. Repaint Runways (12-30, 18-36 and Adjacent Taxiways and Aircraft Parking Aprons and Ramps). Not Applicable for this request by the Airport Director. Page 179 of 280 U.S. Department of Transportation Federal Aviation Administration June 30, 2017 Mr. Keith Kaspari Airport Director Waterloo Regional Airport 2790 Airport Boulevard Waterloo, IA 50703 Re: Central Region Iowa, Kansas, Missouri, Nebraska Waterloo Regional Airport (ALO); Waterloo, IA AIP No. 3-19-0094-045 Reconstruct Taxiway C and Remarking Airfield Pavements 901 Locust Kansas City, Missouri 64106 (816) 329-2600 Subject: Concurrence in Award Dear Mr. Kaspari: Concurrence in Award of Construction Contract We concur in the award of the following contracts for the development proposed: • Croell, Inc. of New Hampton, Iowa for $2,128,833.19 for the Reconstruct Taxiway C (Bid Package 1) project. This contract includes the awarding of only a base bid. • Aspro, Inc. of Waterloo, Iowa for $575,859.35 for the Rehabilitate Runway 12/30 and Remark Airfield Pavements (Bid Package 2). This contract amount includes the awarding of the base bid and all three bid alternates for additional joint and crack repair and pavement marking. Be advised that our concurrence represents a determination for eligibility of costs and should not be construed as a commitment of Federal funds. The official and public notification that the FAA has allocated funds for a project at your location will be the Congressional release. It is very important that all work performed prior to Congressional release is portrayed to the public as a sponsor, local, initiative. What you need to do now After award of the contracts and the Congressional release, please schedule the Preconstruction Conference. Be sure to invite, as appropriate, your local FAA System Support Center (SSC) technician(s), FAA Air Traffic Organization (ATO) representative(s) and the Federal Security Director. Provide at least 10 days advance notice of the meeting's date and an advance copy of the agenda to all attendees and my attention. Submit to my attention the Construction Observation Plan (COP) for the Reconstruct Taxiway C Project for our review at least 10 days prior to the Preconstruction Conference. A COP is not required for the Rehabilitate Runway 12/30 project. Page 180 of 280 Page 2 of 2 Concurrence In Award ALO 045 What we will do next We will authorize you to issue the Notice to Proceed (NTP) after the following documents have been submitted to my attention: • Executed Grant Agreement, • Executed Construction Contracts and Performance and Payment Bonds, • Issued for Construction Plans and Specifications, and • Preconstruction Conference Minutes. Questions If you have any questions, please contact me at (816) 329-2647 or brian.m.tompkins@faa.gov. Sincerely, Brian M. Tompkins, P.E., C.M. State Airport Engineer - Iowa cc: FAA File Page 181 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for AIP Contract 045 EXPENSES: Contracts: Prepared by MWeidner 7/12/17 AECOM Design 130,500.00 87,800.00 218,300.00 AECOM CRS 254,000.00 Total Engineering 472,300.00 Airport Administration 5,000.00 Construction Croell 2,128,833.19 Aspro 575,859.35 Less Ineligible Items Subtotal Eligible Construction Total Eligible Expenses (Construction, Engineering & Admin) Grant Application Amount Difference (due to ineligible amounts) 2,704,692.54 (8,290.00) 2,696,402.54 3,173, 702.54 3,181,993.00 (8,290.46) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Shorfl3age 183 of 280 Prepared by MWeidner 7/12/17 City of Waterloo As of lune 30, 2017 Projected Expenses and Funding for AIP Contract 045 REVENUE: FAA Entitlement Funds: FFY14 Committed $0.00 FFY15 Committed $655,714.00 FFY16 Committed $1,000,000.00 FFY17 Committed $1,000,000.00 Total Funding Authorized to FAA and Committed to Project $2,655,714.00 FFY18 Projected - Not authorized or committed by FAA $200,619.00 Matching Contribution Required: Total Matching Funds Required Total Ineligible Amount Total Local Share 3,173, 702.54 8,290.00 $2,856,333.00 317,370.25 8,290.00 325,660.25 Passenger Facility Charges: PFC Cash Balance June 30, 2017 108,591.38 Projected FYE18 PFC Collections 107,000.00 Actual FYE17 106,832.86 Subtotal - Passenger Facility Charges 215,591.38 Other Funds: Corporate Hangar Funds Collected in Excess of Amount Needed to repay Bonds as of June 30, 2017 40,929.82 Budgeted FYE18 Corporate Hangar Revenue 64,296.00 Total Revenue 320,817.20 Less Other Expenses to be Funded with PFCs: PFC Audit fees PFC Program Administration Fees Engineering - Taxiway A West, Other Proj (2,000.00) (25,000.00) (9,000.00) Projected PFCs Available Through June 30, 2018 284,817.20 Funding Excess (Shortfall) (40,843.05) K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx ShorV$lbe 184 of 280 City of Waterloo As of June 30, 2017 Projected Expenses and Funding for A!P Contract 045 Prepared by MWeidner 7/12/17 Future Grant - 2018 - $1,000,000 Projected Uses 1,000,000.00 AECOM 2017 Twy C Shortfall $200,619.00 Tree Clearing - CATEX 16,300.00 Twy AW, EA Tree Clearing/Wetland Del. 90,000.00 Construction Twy AW (Phase 1 ?) 693,081.00 Total Anticipated Future Grant 1,000,000.00 K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Shorfklbe 185 of 280 Prepared by MWeidner 7/14/17 City of Waterloo As of June 30, 2017 Airport Shortfall Funding Proposal Airport Operating Budget: Reallocate the following amounts: Other Professional Services Advertising Expense Radios and Related Equipment Computer Equipment 5,000.00 10,000.00 2,500.00 2,500.00 Subtotal - Operating Funds 20,000.00 Reallocate Bond Proceeds 20,843.05 Total Funds Reallocated to Project 40,843.05 Remaining Shortfall 0.00 Note: This leaves no funding available to be used as matching funds for the balance of the future potential FAA grant. K:\USERS\MICHELLE-W\Budget FYE18\Airport AIP Contract Funding Shortfall July 14.xlsx Airport Fundipeabrepic881 of 280 CITY OF WATERLOO Council Communication Resolution approving contracts, bonds and certificates of insurance with Pella Roofing and Insulation, Inc. of Vinton, Iowa, for improvements associated with Hangar No. 5 at Waterloo Regional Airport in the amount of $65,995.00, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Airport Clerk Office Reviewer Kaspari, Keith Even, LeAnn ATTACHMENTS: Description D Copy of Contracts with Pella Roofing & Insulation D Picture of Hangar No: 5 D Picture of Hangar No: 5 (Water Intrusion) SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 7/12/2017 - 1:24 PM 7/12/2017 - 3:54 PM Resolution approving contracts, bonds and certificates of insurance with Pella Roofing and Insulation, Inc. of Vinton, Iowa, for improvements associated with Hangar No. 5 at Waterloo Regional Airport in the amount of $65,995.00, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve project contracts, bonds and certificates of insurance as recommended by the Airport Director. This project will complete roof repairs and the application of an exterior roof coating material, replacement of rain gutters and downspouts, and the replacement of both interior and exterior light fixtures with energy efficient LED fixtures. There is no local, City or Airport Dept. match. This project is funded at 100% by the Iowa Department of Transportation Dept. via their Office of Aviation. Funds are historically derived by the Rebuild Iowa Infrastructure Fund (RIIF) program. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategies Nos: 3.1, 3.3, 3.4, 3.5, & 3.7. Goal No: 4, and Strategies Nos: 4.1, 4.5, Page 187 of 280 Alternative: Background Information: Legal Descriptions: There were no project alternatives selected for this project. This project completes long needed repairs to the roof area of Hangar No: 5. Additionally, this project includes the replacement of smaller gutters and downspouts to now larger in size to properly displace the rain fall from the roof top during periods of heavy rain, thereby prohibiting the introduction of rain water into the interior of the hangar bay, and into the interior wall areas causing mold and wet areas on privately owned aircraft. This project also includes the replacement of 1970's era lighting for both the interior and exterior light fixtures, allowing us to see reduced electrical utilities. Not Applicable for this request by Staff. Page 188 of 280 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF HANGAR NO. 5 REHABILITATION CITY OF WATERLOO, IOWA This contract made and entered into this day of , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Pella Roofing & Insulation, Inc.. referred to as Contractor), WITNESSETH: of Vinton, Iowa (hereinafter PAR. 1 Contractor agrees to build and construct the HANGAR NO. 5 REHABILITATION and furnish all necessary tools, equipment, materiais, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal; which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, alt necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before July 31, 2.017, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 PAR. 8 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and alf suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, FORM OF CONTRACT AECOM 60532584 HANGAR NO. 5 REHABILITATION C-1 OF 3 Page 189 of 280 depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 PAR. 14 PAR. 15 PAR. 16 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the mariner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required, is Base Bid - $49,775.00 plus Additive Bid No. 1 - $16,220.00, for a total of $65,995.00, and as shown in Exhibit A to this contract. FORM OF CONTRACT AECOM 60532584 HANGAR NO. 5 REHASILITATION C-2 OF 3 Page 190 of 280 PAR. 17 PAR_ 18 PAR. 19 PAR. 20 PAR. 21 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. 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. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties an its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Cler .CPLD Contractor BY: 1.--0 4,44 6: lemic -v c' l „, (e f la v at.7S4 Title: °P -'e )ir Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: FORM OF CONTRACT AECOM 60532584 City Clerk Waterloo, Iowa day of 2017. HANGAR NO. 5 REHABILITATION rage 191 of 280 FARM OF BID OR PROPOSAL. HANGAR NO. 5 REHABILITATION CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: EXHIBIT A 1. The undersigned, being a Corporation existing under the laws of the State of Partnership consisting of the following partners: a having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Half, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this HANGAR NO. 5 REHABILITATION, all in accordance with the above -fisted documents and for the unit prices for work in place for the following items and quantities: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, lova, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance FORM OF BID AECOM 660532854 HANGAR NO. 5 REIT fLITAT vag&1i • of 280 HANGAR NQ. 5 REHABILITATION Ref. Item Item _ Unit _ Estimated Quantity Unit Bid Price Total Bid Price BASE BID 1 Mobilization LS 1 $ , -0 10'� $ 2 r Remove and Replace Gutters and Downspouts LS 1 $ S. '. $ -f °° 3 Remove Existing Metal Roofing SFT 1 000 $ if ,C! 61 $ ii 00(/ Install New Metal Roofing - 24 BFT 1,Qa0 $ $ 31000� 5 Roof Coating System SFT 15,750 $ c $ s� 3 7t�77 ° v Rasa Rid Amount � $ LI% 775-w, ADDITIVE BID NO. 1 1 Replace Interior Hangar Lighting With LED High Bay Fixtures' EA 20 ce $ i f ae $ j� 2 Replace Exterior Hangar Area Lights With LED Fixtures EA 7 $ ti ma $ 3rD Additive Bid No. 1 eo $ j 61 gal, ...— TOTAL TOTAL BASE BID PLUS ADDITIVE BID NO. 1 $ GS, C86j >' 6 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, lova, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance FORM OF BID AECOM 660532854 HANGAR NO. 5 REIT fLITAT vag&1i • of 280 within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor.� 6. Attached hereto is a Resident Bidder Certification ( )Cr. ), or Non -Resident Bidder Certification ( ). (Mark one.) T. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 3► '/7 10. The bidder shall list the MBEMIBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. ~PeRoQtvqsrt (Name of Bier) (Date) BY: i/' Lit e 6z. if '' 4 Official Address: (Including Zip Cade): ?- 'C7 Title I.R.S. No. 7,2r3I FORM OF BIO AECOM 60532854 HANGAR NO. 5 REHABILITATION FB -2 of 2 Page 193 of 280 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of C9 ) )ss County of .4,,—reit Vs. IN Ve C 0. rO\&v'\ , being first duly sworn, deposes and says that: 1. He is (Owner, Partner. Officer Representative, or Agent) , of 9e t t Q r 1!► e3nc . , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion cr communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in rest, inclu this affiant. (Signed 6, +(„ Title Subscribed and sworn to before me this day of UL , 2017. My commission expires JOHN NAL SEAL CCeffisslon Number 707077 My on mission Expires.4 NON -COLLUSION AFFIDAVITS AECOM 605325B4 Title D9- aoi HANGAR NO. 5 REHABILITATION NCA -1 of 2 Page 194 of 280 2 �ka I 11 11 03 rtF q g ¢D 8 Lt 0 I, n. $g ki 15. TSB PRE -SID CONTACT INFORMATION AECOM $0532534 E 6 6 0 � x P o p V I g A t3 } N E E 1 e t _b 115 11 I r-ao 711 ti X t$ 0 g . 1 ig g ,%,. s..:1 ..),., U ,''''.7A...,, ,,,,.,. ,,,,i- ,„,._-,_4 , -4,,z „r , _,..., 4, __,,, g Q g DATER CONTACTED j T t. B 1 O U r � ~`,dr- fi r., N 1 t73 N � �� 4.‘ HANGAR NO 5 REHABILITATION 1 of 1 Page 195 of 280 CONTRACT NO: PROJECT NAME: DATE OF LETTING: RESIDENT BIDDER CERTIFICATION 101 415 r Wcto Gtg — .-fF-- cj �.t)4 ; 7` ai iLd eY-4 G,i-E. i ! 9-'" G7 To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. It another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that 1 am a resident bidder as defined above. RESIDENT BIDDER AECOM 60532584 'COMPANY NAME Pe f /eicor c'.y D`' 5''ez. Lci //c4i JJ—l.��+ CORPORATE OFFICER t -ii' if 1;'rd'G/r_h TITLE fire S ,tote -v). " DATE `•14bi-e_ e 0-017 HANGAR NO. 5 REHABILITATION RB -2 of 3 Page 196 of 280 CONTRACT NO.: PROJECT NAME: DATE OF LETTING: NON-RESIDENT BIDDER CERTIFICATION hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: Stated below are the preference(s) to resident bidders in the state/country of (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. RESIDENT BIDDER AECOM 60532584 HANGAR NO, 5 REHABILITATION RB -3 of 3 Page 197 of 280 014, MBEWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: R7 -t pA dt441.5• project a,e s 0 l /1' 4 Letting. Date: ,g-4 frr' ],5' y 7 NO MBE/WBE SUBCONTRACT. RS: If t u are NOT using any MBE IBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was n leasible with s proj If any MBEANBE subcontractors will be used, please use the bottom portion of this form. -c r Jp Title: /re S,'de G Contractor Signature: Dater SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the Information on this form showing ALL of your MSEJWBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the Information on this Form showing your MSENVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBEPVBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBFJWBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEt1NBE BUSINESS ENTERPRISE CONTACTS liuuUeS rcecerveo Quotation used in bid MBEIWBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted �/ re e(' f s (del ^ ' JccAc 6" rkz /lig 4"i0 Coos)CiltcP� Lleel V t t 6 / /00"�'F{+�-A/t-/jr ` !v e f r E r'p � ^ 49,--� (Form CCC? -4) Rev. 06-2a-02 Ccar.ct c - -s (C/uj t c treatiivev- r !fee i 1 ace u td ut-c6c %-e &c� ec/f n!'d *04 cceir hock. 14 MSEbVEE PART1CIPATION AECOM 66532594 I-LANGAR NO 5 REHADIL{TArION M-6 ar 6 Page 198 of 280 BD 754168 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Pella Roofing & insulation, Inc. of 2401 66th Street Vinton, IA 52349 (the "Principal"), andNationwide Mutual Insurance Companpf 1100 Locust St. Dept. 2006 Des Moines, IA 50391 (the "Surety") are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of _ Sixty Five Thousand Nine Hundred Ninty Five Dollars ($ 65,995,00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about July 10.2017 for the purpose of Hangar No. 5 Rehabilitation . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless fron-i and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications. or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PERFORMANCE BOND AECOM 60532584 HANGAR NO. 5 REHABILITATION PF8-1 of 2 Page 199 of 280 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine. feminine or neuter gender. IN WITNESS WHEREOF; the undersigned Principal and Surety have executed this Performance Bond as of July 10,2017 PRINCIPAL SURETY Pella Roofing & Insulation, Inc. Nationwide Mutual Insurance Company Name Name By- ae, (a.71 By: Title: rie t'cl e gi Title: Johfi Yundt(Attorney In Fact [attach Power of Attorney] NOTE Date of BOND must not be prior to date of Contract If CONTRACTOR is Partnership. all partners should execute BOND. PERFORMANCE BOND HANGAR NO. 5 REHABILITATION AECOM 60532584 PFB-2 of 2 Page 200 of 280 BD 754168 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Pella Roofing & Insulation, Inc. (Name of Contractor) 2401 66th Street Vinton, IA 52349 a (Address of Contractor) Corporation hereinafter called Principal, (Corporation, Partnership or individual) and, Nationwide Mutual Insurance Company (Name of Surety) 1100 Locust St. Dept. 2006 Des Moines, IA 50391 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, IA (Name of Owner) 715 Mulberry St. Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER; in the penal sum of Sixty Five Thousand Nine Hundred Ninty Five Dollars,($ 65,995.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 10th day of July 2017, a copy of which is hereto attached and made a part hereof for the construction of: HANGAR NO. 5 REHABILITATION WATERLOO REGIONAL AIRPORT, WATERLOO, IOWA NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract; and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools; consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND AECOM 60532584 HANGAR NO. 5 REHABILITATION PB -1 of 2 Page 201 of 280 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one (number) of which shall be deemed an original, this the 10th day of July , 2017. ATTEST: Pella Roofing & Insulation, Inc. (Print€pal) Secretary (SEAL) 30/ �4 V�ftness as to Principal e (Address) Vr/jO. L';�1t/L Principal By oven� e— :e eve4 `1 2401 66th Street (Address) Vinton, IA 52349 Nationwide Mutual Insurance Company Surety .+r~xIl►iik s /► sr w L.4 ( y ♦ John u , Attorne 'in Fact 6 4 " '14 1100 Loc t St. Dept. 2006 use eit- Witness as to Surety P (Address) 3O C , Q (i1hi Tk 349 Des Moines, IA 50391 (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND HANGAR NO. 5 REHABILITATION AECOM 60532584 PB -2 of 2 Page 202 of 280 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation AMC0 insurance Company. an Iowa corporation National Casualty Company a7 .7orporation 41edPropeey and Casualty Insurance Company, an Iowa corporation herein tee efi.rr•eit to severally as the 'Company' and coltectivety as "the Companies" does hereby make, constitute arid appoint; John Yundt each In their individual capacity, its true and lawful attorriey-in-fare with feIr poreer and authority to sign, seal, and execute on its behalf -any and all bonds and undertakings, and other obligatory iiilrurnentsu Sindat ratore, in pets not exceeding the sum of One Hundred Thousand DolIars & No/OC $ 10 0,000.00 and to bind the Company thereby, as fatly and to the some ,erl as if such iesireotents were signed by the they authorized officers of the Company: and all acts of said Attorney pursuant to the authority given are hereby ratified and cenflimied. This power of attorney is made and executed pursuant to and by author of the !,:.)iM;flr.,l, ..cidticri duly adopted by the board of directors of the Company: "RESOLVED, that the president., or any vice presieent 03,0[1 el)), is. authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on bet -lair ttio Company any and all bends, forms; applications. memoranclums, undertakings, recognizances, transfers, contracts ni MdCTITrity, zorriracts guaranteetine the fidelity of persons holding poseeno of public or private trust. and other writings ,obii,galary in nature that the business of the Company may require: and to modify or revoke, with or without cause, any such appointment or authority: provided, however, that the authority granted hereby snail in no way limit the authority of other duty authorized agents to sic:a and countersign any of said documents an behalf of the .Company," 'RESOLVED FURTHER, that such attemeys.in-fact shall have full power and authority to execute and deliver any and all such documents arid to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seat of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents. This power of attorney is signed and sealed under and by the following bylaws duly adopted by trie board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power arid authority to sign or attest aft approved documents, instruments.. cent -acts, ur other papers In connection with the operation of the business iof the company in addition to the chairman of the board; the chief executive officer; pre,sident Ittiaasurr or secretaryprovided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of Me Cumpa.ny. IN WITNESS WHEREOF, the Company as caused this instrumentbesealed an uly attested by the signature of its officer the Iit day of May 2017 . Antonio A baneSe, Vice President of Nationv,ikTe Mutual Insurance Company. National Casualty ompany, AMCO insurance Company, AiIied Property and Casualty insurance Company ACKNOWLEDGMENT STATE OF NEN YORK, COUNTY OF NEW YORK ss Orr this, Nt clay of May 2017 , before me came Inc above-named officer for the e0FTIparly to me personally known to be the officer described in and who executed the recodng instrumenl and he acknowledged the execution of tbe same, and being by me duly seem, deeeses et -etre -rye that he s the 0 -finer L,t the Company aforesaid, that the seal affixed Itienteci is the Gi:J-e,-7:rrate seal uf said Conipany, and tie sad cerporate seal and his signature were JffiXe.d arc subscribed to said instrument by ltaa authrirly and direction of said Company. 7 00301s of Un,14E-517,417: OnirlISSJO? F.Apires CERTIFICATE Apr Laura S. Guy, Assisiant Secretary of the Company, do l-ioreby certify that the foregoing is a full. true and correct copy of the original power of attorney issued y Otte Company; that the .resolution included therein is 3 true :,Ind coect frotn tttin minutes of the meetings of the boards of director's and the same Has not heen ievoked or arroltodect 10 Fwly manner; That said Antonio C. Nnisnese '.'ns col the doe of the execution of the foregoing power of allpmi.-.ty the e;r3T1,,A office- of Me Con - and the corporate seal and his 511310:001 olfi,aei were duly effixed ar!.d subscribed to the said instrument by In e aatiroiity LiDard .of directors; and the fcregcr-4.j cower of attorney is alt in fuil 1-1.ic,e and effect, IN WITNESS WHEREOF. have hereunto subscrtcd my nacre as itkssstent -ttett:11ary drat affIxee; the ctc;rporate ottsaid Company this 10th day of July 2:Cr i This power of attorney expires: BDJ 1(05-17)00 April 30, 2019 61- Assistant Secretary Page 203 of 280 4WRLY CERTIFICATE OF LIABILITY INSURANCE PELLARO OP ID: LS DATE (MMIDDIYYYY) 07/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson -Hite Insurance Inc 301 C Avenue Vinton, IA 52349 Wilson -Hite insurance, Inc. NAME: CONTACT John Yundt PHONE 319-472-2379 (are No Ext). E-MAIL ADORES& FAX NO: 3194724817 INSURER(S) AFFORDING COVERAGE NAM.* INSURED Pella Roofing & Insulation Cory McKibben & Lonnie Carolan PO BOX 548 Vinton, IA 52349 INSURER A:Grinnell Mutual Reinsurance Co 14117 INSURER B : Alternative Risk Company, Inc INSURERC : Berkley Risk Administrators Co INSURER D : INSURER E : INSURER F : COVERAGES — -- r.L,rrurv111 vI,JIvI .r[: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBIZ INSD I WVD POLICY NUMBER MMM!DDIYYYY FF ( l POLICY EXP (MMlDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY X OCCUR I1G06C000646-00 IEACH 04/01/2017 04/01/2018 OCCURRENCE $ 1,000,000 . CLAIMS -MADE DAMAGERENTED PREMISES TO(Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY i $ 1,000,000 GE f AGGREGATE LIMIT APPLIES PER: ]LDC 1 GENERAL AGGREGATE S 2,000,000 POLICY X P PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ 'A AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS OWNED HIRED AUTOS 1 ''0000556999 1 04/01/2017 04/01/2018 O MBI tlEDD:SINGLE LIMIT S 1,000,000. ' BODILYINJURY (Per person) $ X I SCHEDULED AUTOS BODILY INJURY (Per accident) $ X AUTO-0WNED (PerPROPERTYent) GE $ acc€dent} ,Per UM/UIM $ 1,000,000 B, X UMBRELLA LLAB EXCESS LIAR I OCCUR 45756E160AL1 09/16/2016 09/16/2017 EACH OCCURRENCE $ 2,000,000 I CLAIMS -MADE AGGREGATE $ 2,000,000 DED i LRETENTION $', $ C WORKERS COMPENSATION AND EMPLOYERS" LIABILITY ANY PR0PRIETORJPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? {Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y 1 N l A WC -14-89-003040-04 06/14/2017 06/14/2018 X STATUTE ORH E, L EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYEE; $ 1,000,000 EL. DISEASE - POLICY LIMIT I S 1,000,00 A Equipment Floater 10000552726 04/01/2017 04/01/2018 Ded Equipment 1,000 279,250 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Roofing and Insulation- Commercial Inland Marine Coverage for JLG 135' Boom Lift SN#0300116414 @ $200,000 CANCELLATION Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Wilson -Hite Insurance, Inc. © 1988-2014 ACORD CORFOf:TiON. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 204 of 280 Page 205 of 280 - • 111 Page 206 of 280 CITY OF WATERLOO Council Communication Resolution approving contracts, bonds and certificates of insurance with Plumb Tech, Inc. of Waterloo, Iowa, for improvements associated with the HVAC system for the General Aviation Terminal Building at Waterloo Regional Airport, in the amount of $19,556.00, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Airport Clerk Office Reviewer Kaspari, Keith Even, LeAnn ATTACHMENTS: Description D Contract for Plumb Tech, Inc. of Waterloo. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo D ate 7/12/2017 - 1:46 PM 7/12/2017 - 3:55 PM Resolution approving contracts, bonds and certificates of insurance with Plumb Tech, Inc. of Waterloo, Iowa, for improvements associated with the HVAC system for the General Aviation Terminal Building at Waterloo Regional Airport, in the amount of $19,556.00, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve the project contract, bonds and certificates of insurance as recommended by the Airport Director. This project will replace two (2) of the exterior condensing / roof mounted Air Conditioning units, for the General Aviation Terminal Building at the Airport. There is no local, City or Airport Dept. match for this grant -in aid project. This project is funded at 100% by the Iowa Department of Transportation - via their Office of Aviation, and the Commercial Service Vertical Infrastructure program. This project complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategies Nos: 3.1, 3.3, 3.4, 3.5 & 3.7. Goal No: 4, and Strategies Nos: 4.1 & 4.5. No project alternatives were selected for this project. This project will complete the replacement of 2 of the 3 Roof Mounted Page 207 of 280 Background Information: Legal Descriptions: condenser / air conditioning units for the General Aviation Terminal Building - a building owned by the City, yet leased to Livingston Aviation. Not Applicable for this request by staff. Page 208 of 280 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF GENERAL AVIATION TERMINAL HVAC REPLACEMENTS CITY OF WATERLOO, IOWA This contract made and entered into this day of , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Plumb Tech, Inc., referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 of Waterloo, Iowa , (hereinafter Contractor agrees to build and construct the GENERAL AVIATION TERMINAL HVAC REPLACEMENTS and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the Contract Documents in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Contract Documents shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the Contract Documents made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before July 31, 2017, unless an extension of time is granted in writing by the Council of the City Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the Contract Documents therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa. relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole. FORM OF CONTRACT AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS Pagd 209 of 280 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR 14 PAR 15 PAR. 16 depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or fumish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required, for Base Bid only is a total of $19,556.00, and as shown in Exhibit A to this contract. FORM OF CONTRACT AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS P ag@ DO of 280 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. 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. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY. Brett Behrends Title. Vice President Approved by the City Council of the City of Waterloo. Iowa this day of ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS Pam 2131 of 280 EXHIBIT A FORM OF BID OR PROPOSAL GENERAL AVIATION TERMINAL HVAC REPLACEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, lowa Gentlemen 1. The undersigned, being a Corporation existing under the laws of the State of Iowa , a Partnership consisting of the following partners: Brett Behrends, Zach Behrends, & Travis Behrends having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file In the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to . construct and complete' this GENERAL AVIATION TERMINAL HVAC REPLACEMENTS, all in 'accordance with the above -listed documents and for the Unit prices for work in place for the following items and quantities: GENERAL AVIATION TERMINAL HVAC REPLACEMENTS Ref. Item Item Unit Estimated Quantity Unit Bid Price Total Bid Price BASE BID 1 Replace Existing Carrier Air Conditioning Unit LS 1 $ 9,905.00 $ 9,905.00 9,651.00 2 Replace Existing Goodman Air Conditioning Unit LS 1 $ 9,651.00 Base Bid Amount $ 19,556.00 ADDITIVE BID NO. 1 1 Replace Existing Lennox Air Conditioning Unit LS 1 $ 16,322.00 $ 16,322.00 Additive Bid No. 1 $ 16,322.00 TOTAL BASE BID PLUS ADDITIVE BID NO. 1 $ 35,878 00 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the openi"g thereof, or at any tme thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in tte prescribed form and furnish the required bond and certificate of the insurance within ten (10) days. after the agreement is presented to him for signature and se -t work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Five percent of bid Do tars ($ 1 793.90 ) in the form of Bid Bond , is submitted herervit in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( X ), or Non -Resident Bidder Certificatio^ ( ) (Mark one.) FORM OF BIO A=COM 60532854 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS FB -1 of 2 Page 212 of 280 7. The bidder is prepared to submit a financial and experience statement upon request. 8 The Prime Contractor and Subcontractor(s), which have performed an aggregate of 510,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9 The bidder has received the following Addendum or Addenda: Addendum No. 1 Date May 31, 2017 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along With the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on °SUBCONTRACTOR REQUEST AND APPROVAL° Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11 The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Plumb Tech Inc. June 8, 2017 BY. (Name of Bidder) (Date) Brett Behrends Official Address: (Including Zip Code): 3261 W. Airline Hwy. Waterloo, Iowa 50703 Title Vice President I.R.S. No. 42-1420820 FORM OF BID AECOM 60532854 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS FB -2 of 2 Page 213 of 280 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa )ss County of Black Hawk Brett Behrends , being first duly sworn, deposes and says that: 1. He is (Owner. Partner, Officer, Representative, or Aaent) , of Plumb Tech Inc. , the Bidder that has submitted the attached Bid; 2 He is fully informed respecting the preparation and contents of the attached Hid and of all pertinent circumstances respecting such Bid; . 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) lj cC:-- LcEc__ c`?� Vice President Title Subscribed and sworn to before me this 8th day of June.. My commission exp4res October 7, 2017 NON -COLLUSION AFFIDAVITS AECOM 60532584 , 2017. 621- Title JESSICA L TRUEG COMMISSION NO.786483 MY COMMISSION EXPIRES OCTOBER 7, 2017 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS NCA -1 of 2 Page 214 of 280 TN o Oa ;a FA'" Ron TXOBTYYPT9T m . 15 E$ cmoidef Plumb Tech Inc. tondos TARGETED SMALL BUSINESS (TSB) c,,„ty Black Hawk ° �OCOHTA��O i10N ay Waterloo p (To DT Carplmsd INN adders Per The Cowl Carted Pto.dan) s In ads Tor you' Mt* be moldered respect dot. yeti ere rewired bpraWe Mrtometlan m t+le lam diming your 'remota! 9rttt Embers eartats neAthMb your bid subrtesdto. this tnlatoetion b +u6ied b eetllaYm old ea+errr.ea-. In be meat g bdramited gW the Trod st 8m! Brawls gads are et net, then bele a'^^m9 tho amba4 do Co -boding Ahreratyhet nobs • deleariteBat es taNtMerwed*, abpresd suoeteal tar Weber node goad lith tricots bawl IN gobs MOTE: every allot shot be node to tare doter r bids m n Tony subaeareetab* bens nepssryb edam the estrJdsed gate If Tars quote bbmdInthe told, Its somnolent bre trm Modell be brad b e subeateda. Poole TABLE OF INFORMATION SHOWING BADGERS PRS -RID TARGETED SWLL BUST SUBCONTRACTOR T88 DATES CONTACTED QUOTES REFILED OUOTATON USED Er RIO YES/ NO DATES CONTACTED YEW NO DOLLAR AMT. PROPOSED TO IKEINI ONTRACIED None Needed Taft dolt wont ;noosed b be mnadretN to T58 as Ns poled S Ill trots try mono to be lobmneeded Page 215 of 280 CONTRACT NO: PROJECT NAME: DATE OF LETTING: RESIDENT BIDDER CERTIFICATION General Aviation Terminal HVAC Replacements June 8, 2017 To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date .of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. hereby certify that I am a resident bidder as defined above. COMPANY NAME Plumb Tech Inc. CORPORATE OFFICER Brett Behrends TITLE Vice President DATE RESIDENT BIDDER AECOM 60532584 June 8, 2017 GENERAL AVIATION TERMINA,. HVAC REPLACEMENTS RB -2 of 3 Page 216 of 280 MBEiWBE BUSINESS ENTERPRISE PRE-BlD CONTACT INFORMATION FORM General Aviation Terminal HVAC Replacments, Prime Contractor Name. Plumb Tech Inc. Project Waterloo Regional Airport Letting Data June 8, 2017 NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBENUBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was gpj feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Tate: Vice President Date June 8, 2017 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the Information on this form showing ALL of your MBEMIBE subcontractor contacts made for your bid submission. This Information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429 You are required, In order for your bid to be considered responsive, to provide the Information on this Form showing your MBEIWBE Bus,ness Enterprise contacts made prior to your bid submission. This information Is subject to verifications and confirmation. If you are unable to Identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compdance Officer, for assistance at (319) 291-4429. In the event It Is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. MBEMIBE Subcontractors TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEIWBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid Dates Contacted Yes/No Dates Contacted YesiNo Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 MBEMIBE PARTICIPATION AECOM EC5325a4 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS M-6 of 5 Page 217 of 280 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: Plumb Tech Inc. 3261 W. Airline Hwy. Waterloo, Iowa 50703 (Check One) PRIME FEDERAL ID#: 42-1420820 V SUBCONTRACTOR PROJECT NAME: General Aviation Terminal HVAC Replacements, Waterloo Regional Airport PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond. SALES TAX EXEMPTION AECOM 60532584 ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) GENERAL AVIATION TERMINAL HVAC REPLACEMENTS STE-1 of 1 Page 218 of 280 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS Bond #: IAC587269 That we, Plumb Tech, Inc. of Waterloo, IA (the "Principal"), and Merchants Bonding Co. (Mutual) West Des Moines, IA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of nineteen thniicand five_.h>>ndred .ancl_ fifty c_ix IIDPP Js($ 19,556 -On ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about June 27 , 2017 for the purpose of General Aviation Te rm;nal HVAC Replacements The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1 Complete the Contract in accordance with its terms and conditions; or 2 Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion Tess the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3, Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys fees and expenses Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1 To any extension of time to the Contract in which to perform the Contract. 2 To any change in the Contract Documents or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3 That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond PERFORMANCE BOND AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS PFB-1 of 2 Page 219 of 280 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of June 27, 2017 PRINCIPAL SURETY Plumb Tech, Inc. Merchants Bonding Company (Mutual) Name Name By: Brett Behrends, Title: Vice President By: Paige Tham s n Title: Attorney—in—Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND PERFORMANCE BONO AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS PFB-2 of 2 Page 220 of 280 PAYMENT BOND KNOW ALL ME \ 2Y THESE PRESENTS: that a Plumb Tech, Inc. (Name of Contractor) 3261 WAirline Hwy, Waterloo{ IA 5.0743. (Address of Contractor) Bond #: IAC587269 Corporation hereinafter called Pr ncipal (Corporation, Partnership or Individual) and Merchants Bonding Company (Mutual) (Name of Surety) 6700 Westown Parkway, West Des Moines, IA 50266 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry St., Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum ofnineteen thousand five hundred fifty six 00/100 Dollars,($] g, 556_fl0 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 27th day of June , 2017, a copy of which is hereto attached and made a part hereof for the construction of: GENERAL AVIATION TERMINAL HVAC REPLACEMENTS WATERLOO REGIONAL AIRPORT, WATERLOO, IOWA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecut on of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the CONTRACT DOCUMENTS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the CONTRACT DOCUMENTS. PAYMENT BOND AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS PB -1 of 2 Page 221 of 280 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 5 counterparts, each one (number) of which shall be deemed an original, this the 27th day of June , 2017. ATTEST: (Principal) Secretary (SEAL) L� �i2C1L�- Witness as to Principal 3P(o / W. fhr /ice¢ (Address) Wet -Ito / 0, /A 50703 ATTEST: Plumb Tech, ITlr Principal By A-�- P..e .— (s) 3261 W. Airline Highway (Address) Waterloo, TA 50703 Merchants Bonding Company (Mutual) Surety By SA -it orney-in-Pact 6000 Westown Parkway Witness as to Surety (Address) (.01WA-6110wn Ps,.lru1w.wtt Osw vustw.ao (Address) 50ak.elo West Des Moines, IA 50266 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND AECOM 60532584 (Address) GENERAL AVIATION TERMINAL HVAC REPLACEMENTS PB -2 of 2 Page 222 of 280 MERCHAN-17 BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Annette M Robinson; Jackie A Wagner; Janet Willard; Paige Thompson; Stephen A Clabby; Susan Logan; W D McCausland III their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 . �S4I O '09 i -o- I": T' 2003 co ...Y.-. 1933 . ? By• off• . •dd • `'\: .,`jI •" � •'•O �. Kr' ..:." • President STATE OF IOWA •��.'•"•'••".•' •• •• COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT$ NATIONAL BONDING, INC. ,,,i- i s� ALICIA K. GRAM Z e��� 3, Commission Number 767430 . ,,,* . My Commission Expires ,P April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of 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. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of June , 2017 . •.••Pi10N4 . ••., OG CU,�••• : • r:i : Z : • ::_ °- .� sem/ v * 2003 ; moo * y• 1933 c Secretary POA0018 (3/17) .............. s$ Page 223 of 280 A� o® CERTIFICATE OF LIABILITY INSURANCE D6E2 /201M/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Accel Group 300 E. Bremer Avenue P.O. Box 269 Waverly IA 50677 CONTACT Lori Frerichs NAME: I?vcNro Excl• (319) 352-2880 (AIC No): (319)352-2075 ADDRESS:lfrerichs@acceladvantage.com INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA:United Fire & Casualty 13021 INSURED Plumb Tech Inc. 3261 W. Airline Hwy. Waterloo IA 50703 INSURER B :Lafayette Insurance Co. 18295 INSURER C : 4/27/2018 INSURERD: $ 1,000,000 INSURER E : $ 100,000 INSURERF: CLAMS MADE COVERAGES CERTIFICATE NUMBER:CL1741211602 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF IMMIDD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL UABIUTY X 60056082 4/27/2017 4/27/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENED PREMISES Ea occurs nce) $ 100,000 CLAMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECOT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 XLEAD $ A AUTOMOBILE X LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS _AUTOS SCHEDULED N NON -OWNED 60056082 4/27/2017 4/27/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined $ 1,000,000 A X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE 60056082 4/27/2017 4/27/2018 EACH OCCURRENCE $ 5, 000, 000 S 5,000,000 AGGREGATE S DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/B (Mandatory oMEMBER In NH)EXCLUDED? ( ry If yes, describe under DESCRIPTION OF OPERATIONS below N / A 30302711 4/27/2017 4/27/2018 X PER OTH- STATUTE ER E L EACH ACCIDENT $ 500,000 E L DISEASE - EA EMPLOYEES 500,000 E L DISEASE - POLICY LIMIT S 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) City of Waterloo & It's Employees, Waterloo Bldg. Inspection Dept. is listed as additional insured. Project: General Aviation Terminal HVAC replacements, Waterloo Regional Airport. CERTIFICATE HOLDER CANCELLATION City of Waterloo & It's Employees Waterloo Bldg. Inspection Dept. 715 Mulberry St. Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lori Frerichs/LORIF ACORD 25 (2014/01) INS025 r2m4ntl © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 224 of 280 Form W-9 IRev. December2014) Department of the Treasury Intemal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Plumb Tech Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: • Individual/sole proprietor or • C Corporation 14 S Corporation • Partnership • Trust/estate single -member LLC liability Enter the tax S=S P=partnership) ► 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) • Limited company. classification (C=C corporation, corporation, Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single -member owner. Exemption from FATCA reporting code (if any) • Other (see instructions) ► (Applies to accounts maintained outside the U S.) 5 Address (number, street, and apt. or suite no.) 3261 W. Airline Hwy. Requester's name and address (optional) 6 City, state, and ZIP code Waterloo, Iowa 50703 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities. it is your emolover identification number (EIN). If you do not have a number. see How to aet a — — TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number 4 2 1 4 2 0 8 2 0 Part I1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of C U.S. person 0.ir:A_LUZ �Date ► d:2-30—/ General Instructions U Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest eamed or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not retum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Page 225 of 280 CITY OF WATERLOO Council Communication Resolution approving Memorandum of Understanding between the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the City of Waterloo. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 7/12/2017 - 3:03 PM Clerk Office Even, LeAnn Approved 7/12/2017 - 3:59 PM ATTACHMENTS: Description Type ❑ MOU Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving Memorandum of Understanding between the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the City of Waterloo. Submitted By: Rudy D. Jones, Community Development Director The Federal Deposit Insurance Corporation, The Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the City of Waterloo agree to co-sponsor the Waterloo Housing Forum on August 9, 2017 in Waterloo,Iowa The Community Development Forum will provide an opportunity for banks and CRA -educated community organizations to share issues, concerns and community needs and opportunities with each other and bank regulators. In addition, the opportunity for partnerships to be formed between banks and community representatives will be explored. The FRB Chicago will secure and pay for the venue as well as sending the invitations and handling registrations. The FDIC will provide breakfast, and the OCC will provide lunch. All partners including the City of Waterloo will help in planning, organizing, selecting speakers, and speaking at the event. All partners will be responsible for the development of the agenda and event logistics. The FDIC will pay for breakfast, OCC will pay for lunch and FRB Chicago will pay for the venue. The cost to the FDIC will not exceed $450, the cost to the OCC will not exceed $500 and the cost to the FRB Chicago will not exceed $150. Total cost of the event will not exceed $1,100. There will be no charge to attendees for this event. Page 226 of 280 MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL DEPOSIT INSURANCE CORPORATION, THE OFFICE OF THE COMPTROLLER OF THE CURRENCY, FEDERAL RESERVE BANK OF CHICAGO, AND THE CITY OF WATERLOO, IA The Federal Deposit Insurance Corporation (FDIC), The Office of the Comptroller of the Currency (OCC), The Federal Reserve Bank of Chicago (FRB), and the City of Waterloo, IA, (City) agree to co- sponsor the Waterloo Housing Forum on August 9, 2017, in Waterloo, IA. GENERAL This Community Development Forum will provide an opportunity for banks and CRA -educated community organizations to share issues, concerns, and community needs and opportunities with each other and bank regulators. In addition, the opportunity for partnerships to be formed between banks and community representatives will be explored. ROLES AND RESPONSIBILITIES The FRB Chicago will secure and pay for the venue as well as sending the invitations and handling registrations. The FDIC will provide breakfast, and the OCC will provide lunch. All partners including the City of Waterloo will help in planning, organizing, selecting speakers, and speaking at the event. All partners will be responsible for the development of the agenda and event logistics. FUNDING The FDIC will pay for breakfast, OCC will pay for lunch and the FRB Chicago will pay for the venue. The cost to the FDIC will not exceed $450, the cost to the OCC will not exceed $500, and the cost to the FRB Chicago will not exceed $150.00. The total cost of the event will not exceed $1,100. REGISTRATION FEE There will be no charge to attendees for this event. DISCLAIMER Should FDIC, OCC, FRB and City decide to reduce the Ievel of their participation or must withdraw entirely from the event, they will not be liable and the remaining co-sponsors will not file a claim against that organization. Each party shall be responsible for any liability arising from its own conduct and retain immunity and all available defenses under federal and state law. Neither party agrees to insure, defend or indemnify the other party. The FDIC, OCC, FRB and City shall not be liable for any injury to another party's personnel or damage to another party's property unless such injury or damage is compensable under applicable federal statutes. NON -ENDORSEMENT (REQUIRED LANGUAGE) The participation of any co-sponsor in the workshop is not intended as an endorsement of any other event scheduled by the other co-sponsors or of a particular project, product, service or position. The FDIC, OCC, FRB, and City will ensure that its publicity, advertisements, and other communications are not used in a manner that may imply or suggest an endorsement of a co-sponsor. Any marketing materials for the event that reference the co-sponsors wilt be submitted to that co-sponsor for prior review and approval. Page 1 of 3 Page 227 of 280 CONFLICTS OF INTEREST The co-sponsors must avoid conflicts of interest or the appearance of conflicts of interest. Any co-sponsor of this event will notify all other co-sponsors immediately if it becomes aware of a conflict of interest related to activities undertaken in accordance with this agreement. PROMOTION OR SALE OF PRODUCTS The event will not be used primarily to promote or sell products/services. GENERAL PROVISIONS (TERMS REQUIRED LANGUAGE) • This Agreement is for the sole and exclusive benefit of the signatory parties and shall not be construed to bestow any legal right or benefit upon any other persons or entities. This Agreement documents the signatories' intentions to cooperate to promote community development according to the understandings set forth in this Agreement. • This Agreement shall be governed by federal law, and any provision of this Agreement that conflicts with federal Iaw will be null and void. • Each party shall be responsible for any liability arising from its own conduct and retain immunity and all available defenses under federal and state law. Neither party agrees to insure, defend or indemnify the other party. • The signatories represent that they are authorized to sign this Agreement on behalf of their organization. • Each party shall cooperate with any investigation the FDIC Inspector General may initiate as a result of this agreement. POINTS OF CONTACT The points of contact for coordination, notices and reviews are: Federal Deposit Insurance Corporation Kevin Shields Community Affairs Specialist I 100 Walnut Street, Suite 2100 Kansas City, MO 64106 kshields@fdic.gov Phone: (816)-234-8158 Office of the Comptroller of the Currency Michael Nield District Community Affairs Officer 7101 College Blvd, Suite I600 Overland Park, KS 66210 Michaelnield@occ.teas.gov Phone: (913)-401-4436 The Federal Reserve Bank of Chicago Marva Williams Economic Development Director Page 2 of 3 Page 228 of 280 230 South LaSalle Street Chicago, IL 60604 Marva.e.williams@chi.frb.org Phone: (312)-322-5280 The City of Waterloo, IA Rudy D. Jones Director Waterloo Community Development 620 Mulbery Street Waterloo, IA 50703 Rudy.jones@waterloo-ia.org Phone: (712)-255-2956 CHANGES AND NOTICES All changes to this Agreement shall be in writing; no oral modifications will be effective. EXPIRATION OF MOU This MOU shall expire on August 9, 2018. For the iederai Deposit Insurance Corporation: c 1%,. ... N Jan t Gordon Title: sociate Director, Community Affairs Office of the mptroller of the Currency: Name: Barry Wides Title: Deputy Comptroller for Community Affairs Federal Reserve Bank Chicago // ame: Alicia Williams Title: VP & Director of CDPS The City of Waterloo, IA Name: Quentin Hart Title: Mayor Page 3 of 3 Date: 6.- /9 - Date: 6/Z 3 Date: 7 Date: 7—/o–/7 Page 229 of 280 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with LK Waterloo, LLC for property located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $10.0 million, 20 years of tax rebates at 85%, and 20 years of increased hotel/motel increment, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 7/17/2017 Prepared: 6/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Hotel DA SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Anderson, Noel Even, LeAnn Action Approved Approved Type Cover Memo D ate 6/21/2017 - 4:47 PM 6/21/2017 - 5:38 PM Resolution approving a Development Agreement with LK Waterloo, LLC for property located at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $10.0 million, 20 years of tax rebates at 85%, and 20 years of increased hotel/motel increment, and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo is working to enter into two development agreements: 1) for the renovation of the Ramada Hotel 2) for the sale and renovation of the Convention Center The two agreements work to bring forth the entire renovation of the two structures as a whole, increasing the taxable value of the two from $3.5 million to $17 million. The agreements work to solidify the continued use of the convention center as a convention center into the future, work to keep a 4 star hotel in place, and improved and efficient operations, scheduling, service, food, as well as added employment of 100 employees. The City has met with the developers for months now to properly go over criteria of their past projects, their plans for the hotel and convention center, and the continuing partnership and communication with City staff, local businesses, the Convention and Visitors Bureau, to push for success of both facilities. Page 230 of 280 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: NA Future rebates and future hotel/motel increment from hotel Economic Development. Strategic Goals of 1, 3, and 4 in job creation, tax base increase, and overall Waterloo image. NA The City of Waterloo has continued to look for developers interested in the renovations needed for the Convention Center, and renovations needed to bring more hotel rooms near said center. Legal Descriptions: In Development Agreement Page 231 of 280 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2017, by and between LK Waterloo, LLC, a Wyoming limited liability company (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and undertake acquisition and rehabilitation of an existing hotel property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of, or is in the process of acquiring ownership of, a 10 -story hotel and restaurant structure located on real property located at 205 W. 4th Street, Waterloo, described on Exhibit "A" attached hereto (the "Property"). The Company will undertake the Project (defined below) upon the Property. 2. Improvements by Company. Company shall upgrade and renovate the hotel lobby, rooms, restaurant and other facilities (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $14,000,000, or at the minimum amount required by the franchise chosen by Company to meet its property improvement requirements, a copy of which is attached hereto. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all development -related work to make the Property usable for Company's purposes as Page 232 of 280 contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement or after taking ownership of the Property, whichever occurs last, and shall substantially complete the Project within eighteen (18) months after issuance of building permits. Commencement of the Project for purposes of this Agreement shall mean the delivery of plans to the City for the referenced renovations. 3. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 5 below. B. Economic development grants. For a period of twenty (20) years, City will make an annual grant to Company in an amount equal to the difference between the hotel -motel tax revenues actually generated by the hotel during the applicable fiscal year and the baseline tax of $125,000. Grant payments will start in "Year One" as defined in Section 5. City will make payment of each grant to Company within sixty (60) days after the close of City's fiscal year, provided that Company has furnished to City copies of Company's quarterly or monthly sales tax returns, as applicable, as filed with the State of Iowa with respect to each filing period during said fiscal year within ten (10) days after filing same. As to any year for which Company does not provide all returns by October 31 of the following fiscal year, City in its sole discretion may cancel the grant for the year of the deficient reporting if Company has not provided the returns within thirty (30) days after delivery of written notice from City. C. Parking. The parties agree to enter into a separate agreement for use by patrons of the hotel and Waterloo Convention Center (the "Convention Center") of up to 200 non -reserved spaces in the connected parking ramps. Because both facilities will be under management by Company, and or an affiliate of Company, no particular number of spaces is allocated herein as between the facilities. Company may choose to validate parking for authorized patrons, at rates to be determined by City policy. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $10,000,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or 2 Page 233 of 280 (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 4, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 85% rebate for each of Years One through Twenty, inclusive, for any taxable value over the January 1, 2017 value of $1,617,050. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, and if Company fails to do so within thirty (30) days following delivery of written notice from City, Company's right to a rebate for that year will be forfeited in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Job Creation. Company agrees that it will hire no fewer than 100 employees to provide an adequate staffing level for operation of the hotel and Convention Center to a standard of quality established by the franchise standard more fully described in a separate development agreement between the parties with respect to the Convention Center. The employees hired hereunder to meet the requirements include the employees hired pursuant to Section 11 of the Development Agreement of even date herewith as to the Convention Center adjacent to the Property. Company shall be free to assign or allocate its personnel between the facilities as it deems best for optimal operation of the two facilities, consistent with the quality standards referenced above. During each year that a tax rebate is payable hereunder, Company shall, within thirty (30) days after the close of City's fiscal year, provide a written report to City showing the number of full-time (30 or more hours per week) and part-time employees that Company has on its payroll as of the last calendar day of each month during the reporting period. 3 Page 234 of 280 7. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. The City agrees to provide expedited review of all matters submitted for approval and to coordinate responses so as to complete any reviews and/or administrative approval within the most expeditious time frame available using commercially reasonable efforts. 8. Obligations Contingent and Cancellable. The following special conditions shall govern the benefits that are made available to Company hereunder: A. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. Likewise, Company's obligations under this Agreement are subject to and contingent upon City's completion of all such procedures, hearings and approvals. B. During the term of this Agreement Company must maintain the standard and corporate flag of Hotel RL by Red Lion, or a similar brand of equal quality as judged by the Lodging Approval Requirements & Diamond Rating Guidelines issued by the American Automobile Association ("AAA"), or similar standards or system of AAA in effect at any given time, and if it fails to do so and as a result the hotel flag changes to a lesser quality product, the City at its sole option may terminate this Agreement and cancel any additional benefits that accrue to Company under this Agreement. The parties acknowledge that the hotel will have and maintain a 4 -diamond rating from AAA. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 Page 235 of 280 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company may operate the hotel through a separate company affiliated with Company by common ownership and/or control, but Company will be responsible to ensure that Company or its operating affiliate perform all of the terms of this Agreement that are Company's duty to perform. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and would not have offered the substantial Project incentives described herein. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City shall deliver written notice of such breach to Company, and if Company fails to cure such breach within sixty (60) days thereafter, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1402 S. 13th Street, Omaha, NE 68108, Attn: Edwin W. Leslie. With a copy to: Matthew R. Berens, Berens Blonstein PLC, 7033 East Greenway Parkway, Suite 210, Scottsdale, AZ 85254. 5 Page 236 of 280 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 13. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 15. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 16. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 17. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 19. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "D", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 6 Page 237 of 280 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 20. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 7 Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager Page 238 of 280 EXHIBIT "A" Legal Description of Property THE NORTHWESTERLY 13 FEET OF LOT 2 AND ALL OF LOTS 3, 4 AND 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPTING THAT PART OF SAID LOT 2 DESCRIBED AS FOLLOWS: COMMENCING FROM A POINT ON THE NORTHEASTERLY LINE OF SAID BLOCK 8 THAT IS 86.50 FEET NORTHWESTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHEASTERLY LINE OF BLOCK 8 WITH THE NORTHWESTERLY LINE OF WEST 5TH STREET IN SAID CITY AND RUNNING FROM POINT OF BEGINNING NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 8, 22.125 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 2 WHICH IS 108.60 FEET NORTHWESTERLY FROM THE NORTHWESTERLY LINE OF SAID WEST 5TH STREET; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 22.10 FEET; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE TO THE POINT OF BEGINNING. ALL THAT PART OF THE RIGHT-OF-WAY OF WEST 4TH STREET LYING ADJACENT TO LOT 5, BLOCK 8, ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: BEGINNING AT THE NORTH CORNER OF SAID LOT 5, THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 5 TO THE WEST CORNER OF SAID LOT 5, THENCE NORTHWESTERLY ALONG AN EXTENSION OF THE SOUTHWESTERLY LINE OF SAID LOT 5, 34.13 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE EXISTING WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE RIGHT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 75 DEGREES, 13 MINUTES, 30 SECONDS ALONG A LINE WHICH IS PARALLEL WITH THE CENTERLINE OF THE WEST 4TH STREET PAVING 47.54 FEET; THENCE NORTHWESTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 11.11 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 5,18 FEET; THENCE SOUTHEASTERLY NORMAL TO THE NORTHWESTERLY LINE OF SAID LOT 5, 6.38 FEET TO A POINT WHICH IS 40 FEET NORMALLY DISTANT SOUTHEASTERLY FROM THE CENTERLINE OF THE WEST 4TH STREET PAVING; THENCE DEFLECTING TO THE LEFT IN A NORTHEASTERLY DIRECTION AT AN ANGLE OF 104 DEGREES, 43 MINUTES, 50 SECONDS ALONG A LINE WHICH IS PARALLEL WITH SAID WEST 4TH STREET CENTERLINE, 6.18 FEET; THENCE NORTHEASTERLY ALONG A CURVE, CONCAVE SOUTHEASTERLY, TANGENT TO THE LAST DESCRIBED LINE AND HAVING A RADIUS OF 876.73 FEET, 73.34 FEET (ARC LENGTH) TO A POINT ON THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTHEASTERLY 68.17 FEET TO THE POINT OF BEGINNING. Page 239 of 280 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), LK WATERLOO, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $10,000,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before twenty four (24) months from the commencement date. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2058. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 240 of 280 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA LK WATERLOO, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Edwin W. Leslie, Managing Member of Leslie Hospitality Consulting, LLC, its Manager On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 2 Page 241 of 280 STATE OF ) ) ss. COUNTY OF ) Acknowledged before me on , 2017 by Edwin W. Leslie as Managing Member of Leslie Hospitality Consulting, LLC, Manager of LK Waterloo, LLC. Notary Public 3 Page 242 of 280 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Ten Million Dollars ($10,000,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 243 of 280 CITY OF WATERLOO Council Communication Resolution approving a permanent easement agreement with Grand Investments, LLC, for the purpose of allowing access to City owned flood wall located west of 425 Cedar Street, and authorize Mayor and City Clerk to execute said agreement. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Easement Agreement Map of Easement Area SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Backup Material D ate 7/12/2017 - 10:09 AM 7/12/2017 - 10:54 AM Resolution approving a permanent easement agreement with Grand Investments, LLC, for the purpose of allowing access to City owned flood wall located west of 425 Cedar Street, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Approve resolution. Transmitted herewith is a request by the City of Waterloo to accept a certain permanent easement agreement with Grand Investments, LLC to allow for the city to gain access to a flood wall located adjacent to the Arts Mall project. The easement will be retained in, to, upon, over, across and beneath the property. City Council approved a development agreement with Grand Investments, LLC for the project on December 19, 2016. The project is adjacent to the Riverloop Amphitheatre, which is also the location of the City of Waterloo Flood protection levee. The attached easement agreement will allow the city to keep property access to the levee system for maintenance, inspections, etc. Please see the attached permanent easement agreement and aerial photo. N/A N/A Page 244 of 280 Policy Issue: Infrastructure Alternative: N/A Background Information: N/A Legal Descriptions: Parcel "H" of Plat of Survey Doc. #2017-15863 filed March 13, 2017 and as corrected by Doc. #2017-16486 filed March 24,2017, being part of Lots 1 & 2 in Block 2, as part of Vacated Cedar Street, a part of vacated West 3rd Street and also a part of Parcel "E" of Plat of Survey Doc. #2009- 15639; all in the Original Plat of the West side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Page 245 of 280 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 After recording, return to Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of 2017 by and between Grand Investments, LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Permanent Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. 2, Purpose. Concurrently with execution of this Agreement, Grantee is conveying the Premises to Grantor for construction of a multi -story, mixed-use building as set forth in a certain development agreement between the parties dated December 19, 2016 and filed January 24, 2017 as Doc. No. 2017-13397 (the "DA"). Said building will be adjacent to a flood wall system maintained by Grantee. The Easement permits Grantee, its officers, employees, contractors and agents, to have reasonable rights of ingress and egress over, across, in and upon the Premises for inspection, maintenance, repair, and reconstruction of the flood wall as set forth herein. 3. Grantor Duties and Privileges. Grantor agrees to the following terms and conditions: (a) As required by the DA, and subject to paragraph (b) below, Grantor may construct, repair and maintain the improvements contemplated by the DA upon the Premises, provided, however, that Grantor may not conduct any activities upon the Premises that would be inconsistent with Grantee's rights under this Agreement, without the prior written consent of Grantee. (b) In addition, Grantor shall submit to Grantee any plans for alterations to the exterior of any building or its supportive structures, and Grantor shall make no such Page 246 of 280 alterations without the prior written approval of Grantee. Grantee shall have a period of thirty (30) days in which to evaluate and comment on the effect that the proposed alterations may have on the flood control system, and Grantor shall submit revised plans to address Grantee's concerns. (c) Upon execution of this Agreement Grantor shall provide to Grantee in writing the name and phone number of a primary contact person in connection with Grantee's exercise of its rights under this Agreement. Grantor shall update the information promptly in writing upon any change and assumes all risk of not doing so. 4. Grantee Duties. Grantee agrees that the following terms and conditions will govern its use of the Easement: (a) Upon completion of any future inspection, construction, repair, maintenance or other work that Grantee undertakes on the Premises, Grantee shall be required to replace or restore any and all damage to the Premises resulting from said work. (b) Grantee will be liable to Grantor for any damage to real or personal property, and for injury to or death of any persons, proximately caused by the acts or omissions of Grantee, its officers, employees, contractors, or agents, in the course of exercising any of Grantee's rights under this Agreement. (c) Grantee shall provide timely notice to Grantor of any scheduled work upon the Premises, unless a situation exists involving an imminent threat of injury to persons or property in the absence of action by Grantee, in which case Grantee will act in a reasonable manner to minimize disturbance to the Premises and will give notice to Grantor of any action taken. 5. Miscellaneous Provisions. This Agreement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. References in the singular number include the plural, and vice versa. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 2 Page 247 of 280 GRAND INVESTMENTS, LLC CITY OF WATERLOO, IOWA By: By: Brent Dahlstrom, Manager Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) g �Ui 3 2017, by Brent Dahlstrom as Manager Acknowledged before me on � , of Grand Investments, LLC. CALI LYNN SORBE Commission Number 777870 My Commission Expires April 8, 2019 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2017, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 248 of 280 EXHIBIT "A" Permanent Easement Legal Description Parcel "H" of Plat of Survey Doc. #2017-15863 filed March 13, 2017 and as corrected by Doc. #2017- 16486 filed March 24, 2017, being a part of Lots 1 and 2 in Block 2, a part of Vacated Cedar Street, a part of vacated West 3' Street and also a part of Parcel "E" of Plat of Survey Doc. #2009-15639; all in the Original Plat of the West side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. 4 Page 249 of 280 Note Base map data source Is Black Hawk County. This map does not accuracy of survey, no Ilaeate Blackassumed for the accuracy of the data delineated herein, expressed or Implied by Black H'ewk county, the Black Hawk County Assessor, oremployees The Q ty of Waterloo makes nowarranty, express or impaled, as to the accuracy of the Information shown orI mIs nlap, and expressly dudauns liability for me ra yceys, Users should refer to offival plats, surveys, recorded deeds, etclocated at the Black Hawk County Assessor's Office for complete and accurate Infonnaton. Citta of Waterloo, Iowa W+E Page250 f2230 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Cardinal Construction, Inc. of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site northwest of 1318 Martin Road, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Planning & Z oning Anderson, Noel Approved 7/12/2017 - 11:28 AM Clerk Office Even, LeAnn Approved 7/12/2017 - 11:41 AM ATTACHMENTS: Description Type ❑ Early Access Cover Memo D 12.5 acres N of 1318 Martin Rd Cover Memo SUBJECT: Submitted by: Resolution approving an Early Access Agreement with Cardinal Construction, Inc. of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site northwest of 1318 Martin Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve document The site, due to its location and flood plain designations, will require some fill to prepare for development. With the limited construction season in Summary Statement: Iowa, we believe this agreement helps to move the project forward during good weather conditions, while allowing additional time for the fill to settle for compaction and design purposes. Expenditure Required: NA Source of Funds: NA Policy Issue: Strategic goals 1, 2, and 4 for economic development of the area. Alternative: Not approve Background Information: This site was acquired as a part of the Denso project and has been designated for industrial development. This agreement works towards that goal of development. Legal: Page 251 of 280 Legal Descriptions: All that portion of the property described in a Warranty Deed recorded as File Number 2009 00024704 in the Black Hawk County Recorder's Office lying within the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 32, Township 89 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County. Page 252 of 280 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of June 2017, by and between the City of Waterloo, Iowa ("City"), and Cardinal Construction, Inc. (an Iowa Corporation), (the "Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the Martin Road Development Area; and WHEREAS, the parties desire that Company have access to the Property to begin earth- moving activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to survey work and earth moving. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the negligent acts or omissions or willful misconduct of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold City, its officials, officers, employees and agents, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, whether sounding in law or equity, in tort or contract, arising out of said acts, omissions or misconduct. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 253 of 280 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION, INC. By: By:Quentin M. Hart, Mayor ,K0,'2-7-• Attest: Kelley Felchle, City Clerk Title: Page 254 of 280 EXHIBIT "A" Page 255 of 280 Page 256 of 280 CAI.] of Waterloo, Iowa W+E IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Zone AE (100 -Year Floodplain) Approximate 12.5 Acres Total 5.8 Acres out of Floodwaij Note Base map data source is Black Hawk County. Tres map does not represent survey, no liability Is assumed for the actuary of the data delineated herein, either expressed or mulled by Black Hawk County, the Black Hawk County Assessor, or the, employees. The City of Waterloo makes no warranty, express or mulled, as to the actuary of the Intormaton shown on Nesmap, and expressly d lsdalms liability forthe accuracy thereof. Users should refer to offioal plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessors Office for complete and accurate information. r,f 9$0 CITY OF WATERLOO Council Communication Enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code. City Council Meeting: 7/17/2017 Prepared: 6/13/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/13/2017 - 2:53 PM Clerk Office Even, LeAnn Approved 6/21/2017 - 11:59 AM ATTACHMENTS: Description Type D ATE draft ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinanc e. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approval of an Automated Traffic Enforcement ordinance. Summary Statement: Policy Issue: There are several identifiable traffic controlled intersections where accidents are occurring more often and at a greater frequency than other intersections in the city. In addition, more incidents of careless, reckless, aggressive, and distracted driving is being observed throughout the city. The police department would like to implement an Automated Traffic Enforcement (ATE) program to address these issues. One of the dynamics of such a program is the passage of an ATE ordinance. Waterloo Strategic Plan - Goal 2: Implement a Community Policing strategy that creates a safe environment in Waterloo. - Strategy 2.1: Strengthen the work of the Waterloo Police Department through adequate training, staffing, and community programing. - Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. - Strategy 3.1: Continue to implement and explore new options for revenue generation (tax relief) for the City. Page 258 of 280 6-1-4: AUTOMATED TRAFFIC ENFORCEMENT A. General: The City of Waterloo, in accordance with its police powers, may deploy, erect or cause to have erected an automated traffic enforcement system for making video images of vehicles that fail to obey red light traffic signals at intersections designated by the Chief of Police, or his designee, or fail to obey speed regulations at other locations in the city. The systems may be managed by the private contractor that owns and operates the requisite equipment with supervisory control vested in the city's police department. Video images shall be provided to the police department by the contractor for review. The police department will determine which vehicle owners are in violation of the city's traffic control ordinances and are to receive a notice of violation for the offense. B. Definitions: 1. Automated Traffic Citation shall mean a notice of fine generated in connection with the automated traffic enforcement system. 2. Automated Traffic Enforcement Contractor shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the Automated Traffic Enforcement System. 3. Automated Traffic Enforcement System shall mean an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic controller or police department employee to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control device or speed restriction. 4. Vehicle Owner shall mean the person or entity identified by the Iowa Department of Transportation, or registered with any other state vehicle registration office, as the registered owner of a vehicle. C. Vehicle Owner's Civil Liability for Certain Traffic Offenses: 1. The Vehicle Owner shall be liable for a fine as imposed below if such a vehicle crosses a marked stop line or the intersection plane at a system location when the traffic signal for that vehicle's direction is emitting a steady red light or arrow. 2. The Vehicle Owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted limit. 3. The violation may be exempted from liability as outlined below in subsection (f.) of this section, and other defenses may be considered in connection with the appeal process. Page 259 of 280 4. In no event will an Automated Traffic Citation be sent or reported to the Iowa Department of Transportation or similar department of any other state for the purpose of being added to the Vehicle Owner's driving record. D. Notice of Violation; Fine: 1. Notice of the violation will be mailed to the Vehicle Owner for each violation recorded by an Automated Traffic Enforcement System or traffic control signal monitoring device. The Automated Traffic Enforcement Contractor shall mail the notice within 30 days after receiving information about the Vehicle Owner. The notice shall include the name and address of the Vehicle Owner; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits; and that the basis of the notice is a photographic record obtained by an Automated Traffic Enforcement System. 2. Any violation of subsection C.1. or C.2. above shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. E. Contesting an Automated Traffic Citation. A Vehicle Owner who has been issued an Automated Traffic Citation may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an administrative appeals board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, E.2. 2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, a municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Page 260 of 280 Court, as well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. F. Exceptions to Owner Liability. There shall be no liability pursuant to this section if: 1 The operator of the vehicle in question was issued a municipal infraction for the violation in question pursuant to Waterloo Code 6-1-1; or 2. The violation occurred at any time after the vehicle in question or its state registration plates were reported to a law enforcement agency as having been stolen, provided, however, the vehicle or its plates had not been recovered by the Vehicle Owner at the time of the alleged violation; or 3. The vehicle in question was an authorized emergency vehicle; or 4. The officer inspecting the recorded image determines that the vehicle in question was lawfully participating in a funeral procession; or 5. The officer inspecting the recorded image determines that the vehicle in question entered the intersection in order to yield the right-of-way to an emergency vehicle. G. Failure to Timely Pay or Appeal. If the recipient of an Automated Traffic Citation does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with Waterloo Code 6-1-1 rather than subsection (d.) above. If the Court finds the Vehicle Owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. Page 261 of 280 CITY OF WATERLOO Council Communication Amendment to Title 5, Police Regulations; Chapter 5; Chronic Nuisance Properties. City Council Meeting: 7/17/2017 Prepared: 6/26/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 6/26/2017 - 11:27 AM Clerk Office Even, LeAnn Approved 6/30/2017 - 12:52 PM ATTACHMENTS: Description Type D Amended Ordinance Cover Memo SUBJECT: Motion to receive, file, consider and pass for the second time an ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding "O. Fireworks", to definitions. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Daniel J. Trelka, Chief of Police Recommended Action: Approve amendment.. Page 262 of 280 Chapter 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/Noise/Vehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) O. FIREWORK Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." Page 263 of 280 OWNER: Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that structure. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall use or allow any property to be used as a chronic nuisance property. 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE Page 264 of 280 When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner at least twenty (20) days prior to the commencement of any judicial action by the city. Service shall be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to each person at the address as it appears in the records of the County Auditor. Additionally, a copy of the notice shall be served on the occupant of the structure if that person is different than the owner and shall occur not less than ten (10) days prior to the commencement of any judicial proceeding and may be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to that person at the structure. In the event that notice is impossible to be served as set out above, a copy of the notice may be posted at the property if ten (10) days have elapsed from the service or mailing of the notice to the owner. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5-5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this Page 265 of 280 chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. In the past 3 -month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues, you will be issued a municipal infraction in the amount of $100.00. In addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police Page 266 of 280 CITY OF WATERLOO Council Communication An ordinance amending the 2008 Traffic Code by deleting Subsection (55)--ParkAvenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas. City Council Meeting: 7/17/2017 Prepared: 7/12/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 7/12/2017 - 12:19 PM Clerk Office Even, LeAnn Approved 7/12/2017 - 12:23 PM ATTACHMENTS: Description Type D Ordinance Amending Speed Limits - Park Ave. Cover Memo SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new Subsection (55)--ParkAvenue of Section 541, Increasing Speed Limits in Certain Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Adopt Ordinance. Summary Statement: Slowing the speed of traffic thru the downtown area with the addition of protected bike lanes on Park Ave. will provide safer roadway traffic for bicyclists, drivers and pedestrians. Background Information: Park Ave. is currently 30 MPH. Page 267 of 280 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (55)—PARK AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (55)—PARK AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (55), of Section 541, Increasing Speed Limits in Certain Areas shall be deleted in its entirety, and in lieu thereof, a new subsection (55), of Section 541, Increasing Speed Limits in Certain Areas, Ninth Street - as follows: (55) Park Avenue— From Wellington Street to South Street 30 mph From South Street to Walnut Street 20 mph PASSED AND ADOPTED by the City Council this day of July, 2017, and approved by the Mayor this day of July, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 268 of 280 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of June 28, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 7/17/2017 Prepared: 7/7/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 7/7/2017 - 4:03 PM Clerk Office Higby, Nancy Approved 7/7/2017 - 4:08 PM ATTACHMENTS: Description Type ❑ LEGAL NOTICE FOR MINUTES -JUNE 2017 Cover Memo SUBJECT: Submitted by: Waterloo Water Works Board of Trustees meeting minutes of June 28, 2017 on file in the Waterloo City Clerk's office. Submitted By:Matt Mahler, General Manager Page 269 of 280 Board of Water Works Trustees held their regular meeting on Wednesday, June 28, 2017, with Terry Kuntz, Chairman; Mary Potter, Vice -Chair; and Scott Wienands, Trustee, present. Also in attendance: Tom Lind, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; Dennis Clark, General Manager and Matt Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of May 17, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a report on insurance policies and premiums with resolution to authorize purchase of policies and payment of premiums; a resolution to cause $2,400.00 for service line repair to be assessed to the property taxes of 520 Rhey Street; a resolution to approve Engineering Services Contract with Clapsaddle-Garber Associates for the Leversee Road and West Dunkerton Road Water Main Extension projects; a resolution to approve completion of project and to accept public water main infrastructure to serve the Summerland Condos South Development; a resolution to approve completion of project and to accept public water main infrastructure to serve the Landmark Commons — Phase 2 Development; a resolution approving preliminary specifications, bid documents, etc.; setting the date of Public Hearing as the July 21, 2017 Board of Trustees meeting for the Progress Avenue Water Main Replacement: Acorn Lane to Cadillac Drive Project and to instruct the General Manager to publish notice of plans, specifications, taking of bids, and notice of public hearing; a resolution to approve agreement with PRIMEX (a trademark of SJE-Rhombus) in the amount of $36,486 for improvements to the Waterloo Water Works' supervisory control and data acquisition (SCADA) system; and to set the date of the next regular Board meeting as Friday, July 21, 2017 at 8:00 a.m. Payment of the following bills: Aable Pest Control Acco Unlimited Advanced Systems AECOM Allen Memorial Hospital Aramark Uniform Black Hawk County Auditor Black Hawk County Treasurer, MIS Black Hawk Waste Disposal BMC Aggregates Brown Supply Campbell Supply CDW Government Cedar Valley Sportsplex Cedar Valley United Way CenturyLink Charles Schwab Institutional City of Raymond City of Waterloo City of Waterloo Cogsdale Corp. Courier Communications Crossroads Auto Repair D & J OiI EMA, Inc. Flowerama Foster's Gierke -Robinson Hach Co. Hogan & Hansen Iowa Dept. of Natural Resources Iowa One Call IPERS IWI Motor parts Services Supplies Services & Software Services Services Services Water & Sewer Bond Services Services Supplies Supplies Supplies Supplies Payroll Deduction Payroll Deduction Services Pension Sewer, Garbage & Yard Waste Project Sewer, Garbage & Storm Water CIS Project Legal Ads Supplies Supplies Consulting Services Sympathy Supplies Supplies Supplies Services Operator Renewals Services Pension Supplies 24.25 15,737.04 3,235.73 28,610.01 52.00 249.36 5,414.36 15.25 104.00 717.48 3,745.00 196.31 526.32 326.82 97.50 211.45 46,144.34 17,941.85 36,558.85 1,123,853.28 23,449.12 134.89 853.00 3,990.31 496.00 29.99 437.60 42.59 3,801.72 805.80 1,320.00 934.20 14,131.37 7.20 Page 270 of 280 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 1,373.50 Kwik Trip Fuel 2,432.97 Larson, Travis Reimbursement 50.00 Lathem Time Supplies 24.51 Menards Supplies 611.18 MidAmerican Energy Gas, Power & Electric 27,514.61 Municipal Pipe Supplies 11,500.00 Murphy Tractor & Equipment Services 823.30 Napa Auto Parts Supplies 32.37 Payroll 104,988.74 Postmaster Postage 372.40 PPG Architectural Coatings Supplies 191.83 Professional Office Services Services 6,767.13 Public Employees Credit Union Payroll Deduction 9,262.00 R Company Repairs 9,044.50 Radio Communications Services 126.00 Rapids Reproductions Services 507.95 Refunds 11,394.38 Robbins, Tim Reimbursement 332.15 Schimberg Co. Supplies 12,232.37 Scot's Supply Supplies 44.22 Sensus Metering Systems Supplies 48,332.96 Service Signing Supplies 130.64 Snyder & Associates Services 4,305.60 Staples Advantage Supplies 75.99 State of Iowa Treasurer Sales Tax 28,987.00 Storey Kenworthy Supplies 422.20 Swisher & Cohrt Legal Services 425.50 Teamsters Local Union #238 Payroll Deduction 1,049.00 The Sled Shed Supplies 86.58 Treasurer, State of Iowa State Tax 8,165.00 U.S. Cellular Services 42.12 UnityPoint Clinic -Occupational Services 74.00 Medicine US Dept. of Treasurer Federal Tax 47,706.60 Utility Equipment Supplies 18,495.39 Van Wert Inc. Services 4,523.40 Voya Financial Payroll Deduction 7,904.00 Waterloo Water Works Reimbursement 11,565.54 WBC Mechanical Services 156.25 Wilberding, Rick Reimbursement 50.00 $1,716,368.87 WATERLOO WATER WORKS ATTEST: Matthew L. Mahler Secretary Page 271 of 280 CITY OF WATERLOO Council Communication Board of Adjustments Minutes ofApril 25, 2017 and May 23, 2017. City Council Meeting: 7/17/2017 Prepared: REVIEWERS: Department Reviewer Action Date P lanning & Z oning Schroeder, Aric Approved 7/12/2017 - 11:03 AM Clerk Office Higby, Nancy Approved 7/12/2017 - 11:05 AM ATTACHMENTS: Description Type D BOA minutes 4/25/17 Cover Memo D BOA minutes of 5/23/17 Cover Memo SUBJECT: Submitted by: Recommended Action: Board of Adjustments Minutes ofApril 25, 2017 and May 23, 2017. Submitted By: Page 272 of 280 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON APRIL 25, 2017 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Shimp called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Shimp, Reisinger, Chizek, Condon and Goldsberry. Staff in attendance was: Western, Dornoff, Hyberger and Schroeder. I. Approval of the Agenda for April 25, 2017. It was moved by Reisinger, and seconded by Goldsberry to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, March 28, 2017. It was moved by Reisinger, seconded by Goldsberry to approve the minutes of the March 28, 2017 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request by Signs & Designs on behalf of Grace Brethren Fellowship Church for a variance to the self-illuminating/flashing parts sign regulations in the "R-2" One and Two Family Residence District to allow for the installation of a 37 square foot self - illuminating sign located at 1650 Williston Avenue. Western gave the staff report. Western noted that the request has changed from a request to have a red digital sign to a full color sign and that there where no concerns from surrounding property owners on either sign request. Condon discussed a past sign request by Hammond Avenue Church and the restrictions placed on that sign but recommended that there not be such restriction on the current request. Reisinger noted that there is a full color flashing near his home at Hoover Intermediate School that he no longer notices. Mason Fromm from Signs and Designs was present on behalf of the applicant and explained the differences between the two signs stating that the original request was for a low end single red color model with very little ability to control how messages are displayed. The color display the church wants to upgrade to offers full control including video. Fromm also explained that the reason for the upgrade was due to additional donors and that he did reach out to the surrounding residences to update them on the new request to have a full color flashing sign and all residences still supported the request. Reisinger discussed that these signs should be written into the ordinances to eliminate the need for schools and churches from having to spend the money to come to the board. Fromm explained that the process is in place to protect the nature of residential neighborhoods and that the process has some value as some neighbors may take offense to suddenly having a digital sign installed outside there bay window without any input There was discussion whether to restrict the flash time for messages displayed. The board felt that the area was commercial in nature and that restrictions for this request are not necessary. It was moved by Condon, seconded by Chizek to approve the request by by Signs & Designs on behalf of Grace Brethren Fellowship Church for a variance to the self-illuminating/flashing parts sign regulations in the "R-2" One and Two Family Residence District to allow for the installation of a 37 square foot self -illuminating sign located at 1650 Williston Avenue. Motion Carried unanimously. Page 273 of 280 BOARD OF ADJUSTMENT April 25, 2017 Minutes 2. Request by Eric Rose on behalf of Patricia Freeman for setback variance to allow for a 0' lot line setback, 10' less that required at 1044 Colby Road and a 7'.6" side yard setback, 2'.4" less than is required at 1042 Colby Road. Western gave staff report. Condon asked if there was going to be a way to obtain an easement. Chuck Augustine the attorney for the applicant explained that the error was discovered when the applicant had the property surveyed with intent to sell the property. Mr. Augustine stated that they did reach out to the neighbor to east to try and purchase a portion of their lot with which they agreed to do however the dealing with out of state lending institutions has made it difficult to do in a timely manner but will continue to pursue that option. In the meantime we are asking for a variance to allow us to treat the property as it has been since 2001. Condon asked if it would be wise to grant an easement to the east side of the property at 1044, as granting a variance to be zero lot line there would be no access the back yard without driving onto the neighbor's property to the east. Mr. Augustine stated that there have been conversations on that and both property owners have agreed to do so. Schroeder stated that there could be access from San Marnan. Condon raised the question if this request would cause issues with financing. Schroeder stated that if they could not acquire the strip of land from the neighbor, the next best option is to establish an easement that does not need sign off from lending companies. They will need either need ownership or an easement as the building is zero lot line the overhang is over the property line. Reisinger commented that he doesn't believe when there is a mistake made that the applicant shouldn't have to pay the filling fee for BOA. Schroeder stated that if it were a staff error we would waive the filling fee, but there was no staff error here. It was moved by Reisinger, seconded by Goldsberry to approve the request by Eric Rose on behalf of Patricia Freeman for setback variance to allow for a 0' lot line setback, 10' less that required at 1044 Colby Road and a 7'.6" side yard setback, 2'.4" less than is required at 1042 Colby Road District. Motion carried unanimously. Discussion Shimp asked for and updated ordinance. Western explained that hardcopies will not be ready for some time but will send a PDF version to the board. IV. Adjournment It was moved by Reisinger, seconded by Goldsberry, to adjourn the meeting at 4:35 p.m. Motion carried unanimously. Respectfully submitted -Chris Western -Planner II/Brownfield Coordinator 2 Page 274 of 280 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MAY 23, 2017 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Shimp called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Shimp, Reisinger, Chizek, and Condon. Board Members absent: Goldsberry. Staff in attendance was: Western, Dornoff, Hyberger and Schroeder. I. Approval of the amended May 23, 2017agenda. It was moved by Reisinger, and seconded by Chizek to approve the amended agenda moving item 3 to item 1 and item 1 to item 3. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, April 25, 2017. It was moved by Condon, seconded by Chizek to approve the minutes of the April, 25 2017 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request by George and Judy Marshal for a variance to allow for the construction of a detached garage on a lot without a principle permitted use at 316 Walnut Street. Western gave the staff report noting that the property that the applicant is requesting to be able to have a garage constructed on has a multiple year restriction that does not allow the property to be sold. Condon asked what happens if the lot is not purchased by the applicant after 5 years. Western stated that the options would be to build a house, apply for variance or demolish the garage. Condon asked if there was clean title to the lot. Western stated that the property was donated to Habitat for Humanity by Veridian Credit Union which Habitat likely required a clean title prior to accepting the property. The house that was on the property was then demolished using Neighborhood Stabilization Funds which should have required proof of clean title. Lastly the property was donated to Harvest Vineyard Church. Condon asked if it would be a good idea to give an extra 6 months to the 5 year variance as a cushion in case there were problems with closing. Schroeder stated that yes that is an option. Shimp offered the audience for or against the request to speak with no comments. Shimp then brought back to the board for additional discussion. Condon made a motion to approve the request with an additional 6 months in case of title issues. The applicant then asked to speak. The applicant stated that he did not know the exact date the restriction started but stated that the restriction was for 15 years which he believes but is uncertain that the 15 year restriction started from the date that Habitat for Humanity took possession. The applicant stated that he is still researching to find out what date the 15 year restriction actually expires. Condon asked if he needed 10 years. The applicant started he was not sure and is still researching Shimp asked if there was a rush on the request. The applicant stated that he would like to get started lining up contractors so that he could build this summer. The applicant asked what would it take to change the wording for the request once he found out the actually date the restriction expires. Schroeder stated that one option is to come back to the board to amend the request before the end of 5 years. Condon stated that there are three options. Table, grant the 5 years and come back to the board to amend the request at a later time or approve for longer. The applicant stated that a 10 year variance would be adequate. Condon asked if board had any issues with approving 10 years. Chizek asked should the variance be for 10 years or if 15. Western Page 275 of 280 BOARD OF ADJUSTMENT May 23, 2017 Minutes stated that the application stated that there was 5 years left on a 10 year restriction but the applicant is stating that he believes it is 15 years with approximately 10 years left. Reisinger asked if precedence would set by approving a 10 year variance. Reisinger asked what staff recommends. Western stated that he recommends approving as submitted and have the applicant come back to the Board to amend the request if necessary. It was moved by Condon, seconded by Reisinger to approve the request by George and Judy Marshal for a 5 year variance to allow for the construction of a detached garage on a lot without a principle permitted use. Motion Carried unanimously. 2. Request by Dilawar Khan of Eagle Petroleum dba Speedy Mart for a variance to re- establish a legal non -conforming use for the purpose of establishing a grocery/convenience store,and request to amend the conditions to the sale of liquor and to extend the hours of operation to 7:00 a.m. to 12:00 a.m. (midnight) located at 926 Linn Street. Western gave staff report. The applicant gave a brief summary of how the business has been doing for the past year and stated the store is doing well and the neighborhood his happy with the store. The applicant also explained that he would like to expand the hours to allow him to stay open until midnight to better serve his second shift workers as he gets calls to stay a few minutes past closing so that they can stop by on the way home from work. Silvia Anderson who resides at 306 Oliver Street spoke in favor of the request because it's very convenient and she feels safer with the security cameras and lights on the building. Travis Red an employee of the store spoke in favor of the request stressing how convenient the store is and that the store is very helpful to the area, particularly for the elderly. Mr. Red also stated that he several times a week will deliver groceries to the elderly. He also stated that there is no loitering at the store but simply friends or neighbors stopping to say hello, no different than what you would see at Hy -Vee. Mr. Red also stated that the he feels that Speedy Mart is being associated with past issues at the store. Ricky Perkins who resides at 1105 Lincoln Street spoke in favor of the request and described the sore as convenient and a nice friendly place to shop. Mr. Perkins also agreed that there is no loitering at the store but simply people stopping to say hello. Joyce Wilder spoke in favor of the request reiterating points made by the previous supporters that the store is very convenient and a friendly place to shop, and that there is no loitering as the owner will asked people to keep moving or come back inside and talk. Rev. Edward Loggins who resides at 233 Oliver Street spoke against the request describing the store as having problems. He stated that there was a shooting in the area a week ago. Mr. Loggins said no store in a residential neighborhood should be allowed to stay open until 12 a.m. and sell liquor. The applicant stated that Mr. Loggins has never been in his store and is very negative and likes to complain and that he had no control over the shooting as it had nothing to do with his store. Also, he no longer wishes to have liquor out of concern that it would create problems but does want to stay open to 12 a.m. to better serve his costumers. Condon asks if wine and beer is being sold now. The applicant explained that yes there is beer but very little wine. Condon stated that it appears that the store has been a positive business in the neighborhood and will be voting in support for the 12 a.m. closing but not liquor. Shimp agreed that appears that the store has been a positive influence in the neighborhood. Mr. Loggins reiterated his objection to the 12 a.m. closing. Ms. Anderson explained that she went back school to pursue a culinary degree at Hawkeye because the owner has promised to hire here to run the food section of the store when she graduates. Shimp stated that it is obvious the positives out way any negatives and will be supporting the request It was moved by Reisinger, seconded by Chizek to approve the request by Dilawar Khan of Eagle Petroleum dba Speedy Mart for a variance to re-establish a legal non -conforming use for the purpose of establishing a grocery/convenience store, with the condition that the store keep 2 Page 276 of 280 BOARD OF ADJUSTMENT May 23, 2017 Minutes its current hours of operation of 7a.m. to 11 p.m. and be restricted to selling beer and wine only. The Motion carried 3-1, with Condon voting no noting he was in favor of extending the hours of operation to 12 a.m. Discussion Schroeder gave an update on status of the Hobby Farm ordinance amendment stating there a few areas that staff is struggling with and welcomed any input from the board. IV. Adjournment It was moved by Condon, seconded by Goldsberry, to adjourn the meeting at 4:58 p.m. Motion carried unanimously. Respectfully submitted -Chris Western -Planner II/Brownfield Coordinator Sincerely, Chris W. Western Planner II/Brownfield Coordinator 3 Page 277 of 280 CITY OF WATERLOO Council Communication Design Review Board Minutes ofApril 5, 2017. City Council Meeting: 7/17/2017 Prepared: REVIEWERS: Department Reviewer Action Date P lanning & Z oning Schroeder, Aric Approved 7/12/2017 - 11:03 AM Clerk Office Higby, Nancy Approved 7/12/2017 - 11:05 AM ATTACHMENTS: Description Type D DRB minutes 4/5/17 Cover Memo SUBJECT: Design Review Board Minutes ofApril 5, 2017. Submitted by: Submitted By: Page 278 of 280 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING - 4:30 P.M. April 5, 2017 Frank Mollenhoff Conference Room - City Hall Hannam called the regular meeting of the Highway 218 Design Review Board to order at 4:31 p.m. in the Frank Mollenhoff Conference Room at City Hall. I. Roll Call The following members were present: Jordan -Burg, Ottesen, Jaacks, and Hannam. Member(s) absent: Carty and Weber. Staff in attendance was Andera and Hyberger. II. Approval of the April 5, 2017 Agenda It was moved by Jaacks, seconded by Jordon -Berg to approve the agenda as submitted Motion carried unanimously. I. Approval of the minutes from the December 22, 2016 Email -Vote. It was moved by Jordon -Berg, seconded by Ottesen to approve the minutes from the December 22, 2016 Email -Vote. Motion carried unanimously IV. Decision Items 1. 324 Duryea Street - S&B Industrial Mineral Request to construct 12' 5" Diameter X 48' Silo Ed Jessen with S&B Industrial Mineral indicated they will now be installing an 11.92' X 48' Silo instead of the 12' 5" X 48' Silo due to lower shipping costs. Hannan asked Jessen if the Silo will be added to the same area as the existing silos. Jessen indicated yes, and that they lease the area where the new Silo will be installed as well. Hyberger later indicated that the area where the silos are located is highly industrial and not conducive to landscaping. So, the landscaping requirements should not apply. It was moved by Jaacks and seconded by Jordan -Burg to approve the request to allow for the construction of an 11.92' X 48' Silo at 324 Duryea Street with no landscaping requirements. Motion carried unanimously. V. Discussion Items There were no discussion items. Page 279 of 280 HIGHWAY 218 DESIGN REVIEW BOARD April 5, 2017 VI. Adjournment With no further business to discuss, it was moved by Jaacks, and seconded by Otteson to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 5:00 p.m. Respectfully submitted, Seth Hyberger, Planner I Waterloo.9785.1.DRBMin 4 5 17.docx Page 280 of 280