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Council Packet - 10/2/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 2, 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 196 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Paul Huting, Leisure Services Director Agenda, as proposed or amended. Minutes of September 25, 2017, Regular Session, as proposed. Proclamation declaring Second Week of October as Earth Science Week. Proclamation declaring October 1 - 7, 2017 as Mental Illness Awareness Week. 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 setting a date of public hearing as October 16, 2017, to approve a Lease Agreement with Holly Porter for property located west of 903 Riverside Drive, in the amount of $1.00, for a term ending December 31, 2027, and instruct the City Clerk to publish notice. Submitted By: Aric Schroeder, City Planner 3. Resolution setting a date of public hearing as October 16, 2017, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Page 2 of 196 4. Resolution setting a date of public hearing as October 16, 2017, to approve a request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Todd Henrich, Building Maintenance Class/Meeting: 2017 National Electrical Code Destination: Cedar Falls, IA Dates: November 16-17, Amount not to exceed: $597 2017 b. Joel Shepard, Building Maintenance Class/Meeting: 2017 National Electrical Code Destination: Cedar Falls, IA Dates: November 16-17, Amount not to exceed: $597 2017 2. LIQUOR LICENSES a. Las Margaritas, 2822 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2018 b. Hy -Vee C -Store #4, 3700 University Avenue Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 10/31/2018 3. Recommendation of appointment of John Hyman, from the Civil Service list, to the position of Instrument Control Foreman at the Waste Management Services Department, effective October 3, 2017. Submitted By: Steven Hoambrecker, Director Waste Management Services PUBLIC HEARINGS 2. Vacate, sell and convey a portion of Marigold Drive to Marcus Pratt for $1.00 and a portion of Marigold Drive to the Bosnian Islamic Association of Waterloo for $770.00. Motion to receive and file proof of publication of notice of public hearing. Hold Hearing -No comments on file. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Marcus Pratt and the Bosnian Islamic Association of Waterloo to vacate a 60 foot x 197 foot portion of Marigold Drive, located to the south of its intersection with Afton Drive, with the retention of a utility easement over, under and across the property in question. Page 3 of 196 Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing the sale and conveyance of the northeasterly portion of a portion of Marigold Drive to Marcus Pratt for $1.00 and the southwesterly portion of a portion of Marigold Drive to the Bosnian Islamic Association of Waterloo for $770.00, and directing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 3. Lease agreement with BMC Aggregates, L.C. for property located south of 2465 Wagner Road for extraction of sand and gravel with 3% royalty payments of materials sold with a minimum annual payment of $5,000 for a term ending December 31, 2028. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving lease agreement with BMC Aggregates, L.C. for property located south of 2465 Wagner Road for extraction of sand and gravel with 3% royalty payments of materials sold with a minimum annual payment of $5,000 for a term ending December 31, 2028, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Aric Schroeder, City Planner RESOLUTIONS 4. Resolution approving submission of an African American Civil Rights History Grant application, for the National Park Service in the amount of $50,000, to survey and complete a national register application for the Smokey Row/Triangle Area of Waterloo, $30,000 to install historical markers on sites of significance in Waterloo Civil Rights, and $7,500 for publication of information brochures for the sites and the area. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the contract with Crystal Distribution Services, Inc. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program - Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving award of bid to Peterson Contracting Inc. (PCI) of Reinbeck, Iowa, in the amount of $787,364.75, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2018 Waterloo Boathouse Enhancements, Contract 940, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 7. Resolution approving a Repair and Assessment Agreement with Chris Olson, DK Management, to add sidewalk repairs at 1013 W. 3rd Street to the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract 931, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution approving Change Order No. 1 for a net increase of $7,000.00 for the FY Page 4 of 196 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Twin City Tree Service, LLC. of Waterloo, Iowa, in the amount of $241,001.58, for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908. Submitted By: Eric Thorson, PE, City Engineer 10. Resolution approving a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $53,000 for Engineering Services related to the Brock 3rd Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer 11. Resolution approving Supplemental Agreement No. 1 with AECOM, in the amount of $2,400, in conjunction with the Bus Stop Locations ADA Design - Phase I, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 12. Resolution approving a Temporary Construction Easement Agreement with Hy -Vee, Inc., for property located at 4000 University Avenue, in relation to the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer ORDINANCES 13. An Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety subsection (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. 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 14. An Ordinance amending the 2008 Traffic Code by amending Section 544 - All - Way Stop Intersectionsby adding Subsection (36) Shaulis Road and Ansborough Avenue. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Page 5 of 196 Submitted By: Sandie Greco, Interim Public Works Director OTHER COUNCIL BUSINESS 15. Motion authorizing additional work on East 5th Street Parking Garage Repairs Project. Submitted By: Noel Anderson, Community Planning & Development Director 16. Motion to approve Change Order No. 2 for a net increase of $141,714 for the FY 2017 CIP Pipelining Phase IIIA, Contract No. 919, and to extend completion date to December 22, 2017, and authorize the Mayor to execute said document. Submitted By: Steve Hoambrecker, Director Waste Management Services 17. Motion approving Change Order No. 1 for a net increase of $16,000 for the No. 6 Digester Roof Rehabilitation Project, Contract No. 939, extend the completion date to October 14, 2017, and authorize the Mayor and City Clerk to execute said document. Submitted By: Brian Rath, Operation Supervisor ,Waste Management Services ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:00 p.m. Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Certified List for the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. 2. Certified List for the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. 3. Certified List for the position of Instrumentation Control Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. 4. Certified List for the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. 5. Certified List for the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on September 22, 2017. Page 6 of 196 6. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Peter Lilja, 24 hour Base Lieutenant, effective September 17, 2017 with recommendation of approval of payout of $7,723.30 for unused benefits. 7. Airport Board Meeting Minutes of August 22, 2017. Page 7 of 196 CITY OF WATERLOO Council Communication Minutes of September 25, 2017, Regular Session, as proposed. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 9/25/2017 - 9:31 AM ATTACHMENTS: Description Type D Minutes of 9.25.17 Backup Material Submitted by: Submitted By: Page 8 of 196 September 25, 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, September 25, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Keith Kaspari, Airport Director. 146005 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 25, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146006 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 18, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition of Dan VanEe for 30 Years of Service. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, explained how the city could use students to work on electrical and plumbing in homes built by students from Hawkeye Community College. Bruce Kaesser, 500 Sycamore, explained that the ADA Commission needs to be expanded and that curb cuts downtown needs to be looked at to make them easier for individuals to use. Dearl Thomas, 200 Bertch Avenue, questioned if it is possible for the city to impound a car involved in the commission of a crime, and then sell it. David Dreyer, 3145 W. 4th Street, questioned the expansion of the Downtown TIF for the convention center and questioned why Code Enforcement would be taking down political signs from yards. Forest Dillavou, 1725 Huntington Road, commented that the city and KWWL should work together on a fundraiser to help support the VFW because they are short on money to repair their roof. John Sherbon, 1715 Robin Road, commented that he sat at Burger King last night at the intersection of Downing and Ansborough watching the traffic patterns of the intersection and stated that he believes the timing of the intersection needs to change. 146007 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146008 - Welper/Powers that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 25, 2017, in the amount of $3,227,776.36 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-782. 2. 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 for property located at 3234 Hammond Avenue, in the amount of $1,640.00. Page 9 of 196 September 25, 2017 Page 2 1. Resolution adopted and upon approval by Mayor assigned No. 2017-783. 3. Resolution authorizing City Clerk to certify against property located at 313 Cottage Street for unpaid garbage, sewer and storm water fees, and cancel the assessment made in error for 305 Cottage Street, and authorize City Clerk to notify Black Hawk County Treasurer of said change. Resolution adopted and upon approval by Mayor assigned No. 2017-784. 4. Resolution setting a date of public hearing as October 9, 2017, to approve the request by Cardinal Construction, Inc. for a site plan amendment to the "M-2, P" Planned Industrial District, to allow for the construction of an 22,990 square foot warehouse/office building, a 25 -stall parking lot, and a 4,000 square foot maintenance building, located north of 1318 Martin Road, and authorize the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-785. 5. Resolution setting a date of public hearing as October 16, 2017 to approve preliminary plans, specifications, form of contract, etc. for asbestos abatement services of 222 Walnut Street, setting date of bid opening as October 12, 2017, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-786. 6. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of bid opening as November 2, 2017, and setting a date of public hearing as November 6, 2017, for the Flow Equalization Facility Overflow Connect to Satellite WPCF, City Contract No. 880, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-787. 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 12, 2017, and a date of public hearing as October 16, 2017, for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-788. 8. Resolution approving preliminary specifications, form of contract, etc., setting a date of bid opening as October 12, 2017 and a date of public hearing as October 16, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-789. b. Motion to approve the following: a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Tajah Wright, Housing Coordinator Homebuyer Education Methods: Training the Trainer (NeighborWorks Training Institute) Washington, D.C. December 11-15, 2017 $3,685.00 Lt. McClelland, Sgt. Erie, P.O. Schaaf, Inv. Girsch, P.O. Wilson, P.O. Rulapaugh, P.O. Bram Rifle Armorer School Waterloo, Iowa October 16- 17, 2017 $1,975.00 Page 10 of 196 September 25, 2017 2. c. d. a. b. c. Page 3 WPD Officers De-escalation and Crisis Intervention class with Waterloo, Iowa September 12-13, 2017 $2,600.00 Includes Sunday Hawkeye Community C Liquor Renewal 8/7/2018 x College. A Liquor/Outdoor Service New 09/30/2017 Sergeant Hoelscher HDS re -certification School Hazardous Huntsville, Alabama October 16- 20, 2017 $350.00 Device School Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Chapala Mexican Restaurant, 900 LaPorte Road C Liquor Renewal 8/7/2018 x Fraternal Order of Eagles, Waterloo Aerie No. 764, 202 E. 1st Street A Liquor/Outdoor Service New 09/30/2017 KW Paintball, 1734 W. Airline Hwy B Beer/Outdoor Service New 03/23/2018 3. Motion to approve Application for Fireworks Display at Columbus High School for the Homecoming Football game on September 29, 2017, at 8:15 p.m. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146009 - Schmitt/Amos that proof of publication of notice of FY 2018 Waterloo Boathouse Enhancements Contract No. 940, as published in the Waterloo Courier on September 15, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146010 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146011 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-790. 146012 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-791. 146013 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director for review. Estimate: $770,000 Alt A: $80,000 Alt B: $100,000 Page 11 of 196 September 25, 2017 Page 4 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% Base Bid: $686,018.00 Alt A: $ 57,817.50 Alt B: $ 95,000.00 Cardinal Construction Waterloo, IA 5% Base Bid: $661,085.44 Alt A: $ 53,788.21 Alt B: $ 86,136.02 Peterson Contractors, Inc. Reinbeck, IA 5% Base Bid: $657,491.25 Alt A: $ 57,373.50 Alt B: $ 72,500.00 Baker Concrete & Excavating Waverly, IA 5% Base Bid: $643,149.10 Alt A: $ 55,484.20 Alt B: $ 92,000.00 Voice vote -Ayes: Seven. Motion carried. 146014 - Lind/Powers that proof of publication of notice of public hearing on 2017 Fall Stump Removal Project, as published in the Waterloo Courier on September 15, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146015 - Lind/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146016 - Lind/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-792. 146017 - Lind/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-793. 146018 - Lind/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $66,000 Bidder Bid Security Bid Amount Schaefer Tree Service Waterloo, IA 5% Check $ 89,892.00 Wilson Custom Tree Service, Cresco, IA 5% $ 63,550.92 Iowa Tree Services, LLC Denver, IA 5% Check $ 69,187.00 Voice vote -Ayes: Seven. Motion carried. 146019 - Lind/Morrissey Page 12 of 196 September 25, 2017 Page 5 that "Resolution awarding the 2017 Fall Stump Removal Project bid to Wilson Custom Tree Service of Cresco, Iowa, in the amount of $63,550.92, and approving contract, bond and certificate of insurance", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-794. RESOLUTIONS 146020 - Morrissey/Welper that "Resolution approving Use Agreement with Cedar Valley TechWorks for Event Parking", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-795. 146021 - Morrissey/Welper that "Resolution approving acceptance of Black Hawk County Gaming Association grant in the amount of $65,000 with $60,000 in city match and a $5,000 donation from the Cedar Rapids Kernels Foundation to perform Waterloo Youth Diamond Improvements", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-796. 146022 - Morrissey/Welper that "Resolution approving request of Wilbur Auto Body and Sales for an appeal to Section 273, of the 2003 Traffic Code, adopted by Ordinance 4602, appealing the requirement prohibiting vehicles from parking on city -owned right-of-way, located between the street and property line, to allow parking spaces in the right-of-way of West 9th Street adjacent to 212 West 9th Street", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-797. 146023 - Amos/Morrissey that "Resolution approving a request by CGA Engineers on the behalf of BCS Properties, LLC and GAC Real Estate, LLC for the preliminary plat of Village West 2nd Addition, a three lot commercial subdivision, located at the northeast corner of Highway 63 and West Ridgeway Avenue", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-798. 146024 - Amos/Morrissey that "Resolution approving the assignment of rebates to Twin Trees, LLC in conjunction with a Development Agreement with JSA Development, LLC, originally approved on September 29, 2015 for the property located at 402-404 E. 4th Street, and authorize the Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if Twin Trees, LLC is a local company and what building is located at 402-404 E. 4th Street. Noel Anderson, Community Planning and Development Director, explained that it is a local company and that he would get the building information to the council. Resolution adopted and upon approval by Mayor assigned No. 2017-799. 146025 - Morrissey/Amos that "Resolution approving the request of Tyson Fresh Meats, Inc for Industrial Property tax exemptions on the expansion for property located at 501 N Elk Run Rd.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 13 of 196 September 25, 2017 Page 6 David Dreyer, 3145 W. 4th Street, questioned where the match will come from to cover the offered tax abatements. Noel Anderson explained that the tax abatement program is offered state wide and the county assessor is the taxing entity and it would be abated from their bill and they will pay the full amount in five years. Mr. Lind questioned what portion of the tax bill is abated. Noel Anderson explained that the full amount of the bill is abated. Mr. Lind commented that in the future abatements should be structured similar to the abatement offered to Apple in Waukee. Noel Anderson explained that Apple was located in a TIF district in Waukee and that this could be looked at in the future and that Tysons is a good company to have within the community. Mr. Schmitt questioned how this situation differed from others within the TIF district. Noel Anderson explained that the city was competing with Nebraska and Indiana for the site and that Tysons thought this was the fastest way to get the expansion on line. Mr. Schmitt questioned if Tysons is the largest employer in the community. Noel Anderson explained the anticipated number of jobs with this expansion. Steve Dust, CEO of Cedar Valley Alliance and Chamber, explained that Waterloo should be proud of the process to attract this expansion to the community. Resolution adopted and upon approval by Mayor assigned No. 2017-800. 146026 - Welper/Powers that "Resolution approving the FY 2017 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2016 through June 30, 2017 to the U.S. Department of Housing and Urban Development", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-801. 146027 - Welper/Powers that "Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2017, and authorizing transmittal to the Iowa Department of Transportation", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-802. 146028 - Welper/Powers that "Resolution approving submission of grant application for an Iowa Clean Air Attainment grant in the amount of $907,000 to install a traffic adaptive system on Broadway Street from Park Road to Airport Boulevard including fiber optic interconnect and authorize Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco, Interim Public Works Director, explained that this would run fiber optic along Broadway from Park Road out to Airport Boulevard. Resolution adopted and upon approval by Mayor assigned No. 2017-803. 146029 - Morrissey/Powers Page 14 of 196 September 25, 2017 Page 7 that "Resolution rejecting the bid from Black Hawk Waste Disposal Company, Inc. of Waterloo, Iowa, in conjunction with providing a Recycling Processing Facility for the City of Waterloo's Curbside Recycling Program, in the amount of $65.00 per ton sorting/disposal fee (minus contamination percentage). Cardboard payback, minus $70 per ton processing/pickup and $100.00 per month rental for storage and transfer of broken carts", be adopted. Roll -call vote -Ayes: . Motion carried. Mayor Hart requested an overview. Sandie Greco explained that upon further review, it was found that a greater savings to the city could be attained by going out to bid with a new RFP. Mr. Schmitt questioned if this will be rebid. Sandie Greco confirmed. David Dreyer, 3145 W. 4th Street, questioned why the project is being rebid. Resolution adopted and upon approval by Mayor assigned No. 2017-804. 146030 - Morrissey/Powers that "Resolution approving Waterloo Convention & Visitors Bureau Board recommendation for funding a mini -grant application by National Dart Association in the amount of $2,430", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-805. 146031 - Morrissey/Powers that "Resolution approving access agreement between Chamberlain Manufacturing Corporation and the City of Waterloo, Iowa to allow access onto the old Chamberlain Site, located at 550 Esther Street, for the purpose of performing all activities required of Licensee by the United States Environmental Protection Agency at said property and authorize the Mayor to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Amos questioned if the agreement will allow clean up to take place at the site. Noel Anderson explained the work that will be taking place at the site, per EPA orders given to Chamberlain Manufacturing. Resolution adopted and upon approval by Mayor assigned No. 2017-806. OTHER COUNCIL BUSINESS 146032 - Lind/Morrissey to approve Change Order No. 1 for an increase of $900, for additional asbestos survey samples conducted by Impact 7G, for properties located at 1100 Grant Avenue and 919-925 Commercial Street. Voice vote -Ayes: Seven. Motion carried. Noel Anderson explained the additional work. 146033 - Lind/Morrissey to approve Change Order 144 resulting in an increase of $5,200.00 to Via Rail Engineering for additional ALTA survey work located near the northeast corner of Northeast Drive and Independence Avenue. Voice vote -Ayes: Seven. Motion carried. Noel Anderson explained the additional work required for the project for a potential prospect. ADJOURNMENT Page 15 of 196 September 25, 2017 Page 8 146034 - Welper/Amos that the Council adjourn at 6:12 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 16 of 196 CITY OF WATERLOO Council Communication Proclamation declaring Second Week of October as Earth Science Week. City Council Meeting: 10/2/2017 Prepared: 9/5/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 9/5/2017 - 5:31 PM Clerk Office Higby, Nancy Approved 9/27/2017 - 10:06 AM ATTACHMENTS: Description Type D Earth Science Week 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 17 of 196 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, Geology and other Earth Sciences are fundamental to society; and l, tHEREAS, The Earth Sciences are integral to understanding the nature and character of our watersheds; and WHEREAS, The Earth Sciences are crucial for developing and implementing the best management practices for our watersheds; and WHEREAS, WHEREAS, WHEREAS, The Earth Sciences encourage the application of technology to locate, use and conserve our resources within a watershed; and We all live in a watershed that requires the efforts of governments, citizens and professionals at all levels to best manage our resources; and The Earth Sciences provide us with the information, skills, and knowledge to generate effective strategies for managing our watersheds for the future. NOH THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the second week in October as EARTH SCIENCE WEEK IN WITNESS iiitHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 2°d day of October 2017. ATTEST: Kelley c le, City Clerk uentin Hart, Mayor CITY OF WATERLOO Council Communication Proclamation declaring October 1 - 7, 2017 as Mental Illness Awareness Week. City Council Meeting: 10/2/2017 Prepared: 9/18/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 9/18/2017 - 5:08 PM Clerk Office Higby, Nancy Approved 9/27/2017 - 10:03 AM ATTACHMENTS: Description Type D Proclamation Mental Illness Awareness Week 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 19 of 196 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, mental health is part of overall health; and WHEREAS, one in five adults experience mental illness in a given year and approximately half of chronic mental illness begins by age 14 and three-quarters by age 24; and WHEREAS, suicide is the 10th leading cause of death in the United States, the 2nd leading cause among young adults and 90% of persons who die by suicide have an underlying mental illness; and WHEREAS, long delays — sometimes decades — often occur between the time WHEREAS, first appear and when individuals get help; and early identification and treatment can make a difference in successful WHEREAS, management of mental illness and recovery; and it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and WHEREAS, public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 1- 7, 2017, as MENTAL ILLNESS AWARENESS WEEK to shine a light on mental illness and fight stigma, provide support, educate the public and advocate for equal care. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 2nd day of October 2017. ATTEST: Kelley Fele - Quentin Hart City Clerk Mayor CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as October 16, 2017, to approve a Lease Agreement with Holly Porter for property located west of 903 Riverside Drive, in the amount of $1.00, for a term ending December 31, 2027, and instruct the City Clerk to publish notice. City Council Meeting: 10/2/2017 Prepared: 9/26/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 9/27/2017 - 9:23 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:48 AM ATTACHMENTS: Description Type ❑ Lease Agreement Backup Material Aerial Photo Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting a date of public hearing as October 16, 2017, to approve a Lease Agreement with Holly Porter for property located west of 903 Riverside Drive, in the amount of $1.00, for a term ending December 31, 2027, and instruct the City Clerk to publish notice. Submitted By: Aric Schroeder, City Planner Approval. Holly Porter recently purchased the property at 903 Riverside Drive. The City of Waterloo owns the lot west of 903 Riverside Drive, which was acquired through the Hazard Mitigation Grant Program (HMGP) flood buyout. The City was previously leasing the lot to Janet Kendall -Post, the former owner of 903 Riverside Drive. That lease was automatically terminated upon her transfer of title of the adjoining property, and per that lease, Holly Porter, as the new owner of the adjoining property, has a right of first refusal to lease the property, should the City desire to continue to lease the property. None N/A Land Use The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The proposed lease indicates a Page 21 of 196 Background Information: Legal Descriptions: requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. Lease of the property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and sidewalk snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. It was previously determined to be most appropriate to lease such lots to an adjoining property owner, and due to the terms of the previously approved lease providing the new owner the right of first refusal, the lot could not be leased to any other party. Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. Page 22 of 196 LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this \ t day of _ . 2017, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), an Holly Porter (hereinafter referred to as "Lessee") 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just west of 903 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451006, 891315451007, and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of October, 2017, and terminating on the 31St day of December, 2027. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days` written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed 1 Page 23 of 196 restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1st of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the Property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 Page 24 of 196 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 Page 25 of 196 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk CITY'S ACKNOWLEDGMENT: Holly j1 orter STATE OF IOWA, BLACK HAWK_COUNTY, SS: On this day of , 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Quentin Hart and Kelley Felchle to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on w FAITHE POHLMANN COMMISSION NO.792722 MY COMMISSION EXPIRES OCTOBER 19, 2019 Notary Public .l`ib Cr , 2017, by Holly Porter. 4 rotary Public flu Page 26 of 196 EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly Iines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. Page 27 of 196 Exhibit "B" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The; Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland. Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the cons. ervation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; Page 28 of 196 camping (except :where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the Perms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization, However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does'not include authority to control and enforce the terms and conditions of this section. 2 Page 29 of 196 iii. If title;'to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases`to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter updn the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grantprogram subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Statewill notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited td bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 Page 30 of 196 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The. Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. ;This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability.: Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Sandra A. Schipper 4 Paul FL Schipper 4 GRANTEE City of Waterloo, Iowa By: Title: Rk Page 31 of 196 Lease of City Property West of 903 Riverside Drive CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as October 16, 2017, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description D Addendum D 28E City & Hawkeye agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Backup Material Backup Material Date 9/27/2017 - 11:07 AM 9/27/2017 - 11:14 AM Resolution setting a date of public hearing as October 16, 2017, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approve document The agreement is an addendum to the previously approved 28E agreement with Hawkeye Community College, and will provide for the City to convey two lots in the 200 block of Newell Street and allow Hawkeye to construct student constructed housing on the lots. The Lots will be conveyed back to the City after construction is complete in exchange for the cost of materials actually incurred by the college. The City will then be able to sell the homes. The agreement benefits both the City and Hawkeye's vocational and technical training education programs. Supplemental council action will still need to take place to agree on the project designs, plans and specifications, and a not -to -exceed budget for the project. This action would be needed before Hawkeye would begin construction on either home. Page 33 of 196 Expenditure Required: None at the present time. Once the houses are completed the property will be deeded back to the City of Waterloo at a to be determined cost that will be based on the actual cost of materials incurred by Hawkeye to build the homes. Source of Funds: Bonds Policy Issue: Strategic goals 1, 3, and 4 for economic development of the area. Alternative: Not approve Background Information: Legal Descriptions: The City of Waterloo previously approved a 28E Agreement to partner with Hawkeye Community College to build homes, and would like to approve the first project addendum to identify the first two lots that Hawkeye would build homes on. Hawkeye Community College will utilize existing City owned lots to create additional housing opportunities for the City of Waterloo, and expand the educational experience of students enrolled within their vocational & technical education programs. Lots 12 and 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 34 of 196 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum") to that certain Chapter 28E Agreement - Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa ("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site in the 200 block of Newell Street, as described on Exhibit "A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty (30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not -to -exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement - Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart, Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 35 of 196 EXHIBIT "A" Property Description Parcel no. 8913-13-382-010, legally described as: Lot 12, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Parcel no. 8913-13-382-011, legally described as: Lot 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 36 of 196 CHAPTER 28E AGREEMENT - AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the day of , 2017, by and between the Hawkeye Community College (hereinafter referred to as "College") and the City of Waterloo, Iowa (hereinafter referred to as "City"): WHEREAS, College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS, City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 Page 37 of 196 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College, and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement (the "Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project (each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College. No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any, pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to, are specifically adapted to, or are a part of the 2 Page 38 of 196 Property, whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354, city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i) the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College, by a duly executed and acknowledged general warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 39 of 196 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract, agreement, or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation, nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. v. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. x. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 40 of 196 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not -to -exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended, without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work, the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6 -month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent, which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 41 of 196 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 42 of 196 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true, (iii) any material act or omission of College related to its obligations under this Agreement, or (iv) any physical injury occurring during, and related to, the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly, by a written agreement executed by College and City; B. By either party, without cause, upon ninety (90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty (30) days. Failure to cure the breach within thirty (30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes "completion" and "payment" for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 43 of 196 started, within sixty (60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail, postage prepaid. All notices shall be effective upon receipt, if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: Vice President of Administration and Finance 1501 East Orange Road P.O. Box 8015 Waterloo, Iowa 50704 To City: Community Planning & Development Director 715 Mulberry Street Waterloo, Iowa 50703 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 44 of 196 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO By: By: Board President Mayor By: By: Board Secretary City Clerk 01387991-1\10567-257 9 Page 45 of 196 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as October 16, 2017, to approve a request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B- P" Business Park District, located west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish notice. City Council Meeting: 10/2/2017 Prepared: 9/26/2017 REVIEWERS: Department Planning & Zoning Clerk Office Planning & Zoning Clerk Office ATTACHMENTS: Description D Rezone M -2P to BP SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Even, LeAnn Schroeder, Aric Higby, Nancy Action Approved Rejected Approved Approved Type Cover Memo Date 9/27/2017 - 9:55 AM 9/27/2017 - 10:30 AM 9/27/2017 - 10:39 AM 9/27/2017 - 10:45 AM Resolution setting a date of public hearing as October 16, 2017, to approve a request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to set the date of public hearing as October 16, 2017 to approve a request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located West of 2010 West Ridgeway Avenue. The applicant is requesting to rezone the property in question to construct a daycare facility, play area, utility garage, Community Centre/Gym, and Islamic Centre/School. The first phase of the project will only consist of constructing a 6,400 square foot daycare facility, 80' X 40' play area, and 16 -stall parking lot. The second phase will consist of a 5,000 square foot community Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility garage. The request would not appear to have a negative impact on the Page 46 of 196 Summary Statement: neighborhood which consists of the Katoski Greenbelt to the north and west, the future Kwik Star Fuel Blending Facility to the east, and vacant land to the south which is also zoned "B -P" Business Park District. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by West Ridgeway Avenue, which is classified as a Minor Arterial. The area of the proposed site is currently zoned "M -2,P" Planned Industrial District. The site was rezoned from "A-1" Agricultural District to "M -2,P" Planned Industrial District on 11/01/1999. North — Katoski Greenbelt, zoned "A-1" Agricultural District. South — Vacant Commercial Property, zoned "B -P" Business Park District East — Vacant Industrial Property, zoned "M -2,P" Planned Industrial District. West — Katoski Greenbelt, zoned "A-1" Agricultural District. The closest sewer line to the property in question is an 8" line that runs within West Ridgeway Avenue, but stops 1,350' to the east at Martin Road. This sewer line will be extended to connect with the future Kwik Star Fuel Blending Facility, but it will not be extended to the Islamic Community Center site. The applicant at this time intends to build a sewer septic system. The area does not contain any storm water infrastructure, but it does contain a 20" water main that runs along the south side of West Ridgeway Avenue. The intention of the rezoning request is to provide the Islamic Foundation of Iowa, Inc. greater flexibility in regards to phasing its development. The site previously received special permit approval by the Board of Adjustment on April 9, 2007 to build an Islamic Community Center with a Mosque, and other related facilities under one roof, and received special permit approval by the Board of Adjustment on September 26, 2017 on the currently proposed site plan. A Islamic Community Center is a permitted use in the "M -2,P" Planned Industrial District, subject to special permit approval, which was received in 2007. Unfortunately, a stand-alone daycare or school building is not a permitted use within the "M -2,P" Planned Industrial District. The rezoning of the land from "M -2,P" to "B -P" Business Park District will enable the Islamic Foundation of Iowa, Inc. to better phase its Islamic Community Center development. A daycare, school, and Community Centre/Gym Islamic Centre/School are permitted uses under the Business Park District. Land to the south of the site is also zoned Business Park District. The rezoning of the site would be in character with the neighborhood. Therefore, staff recommends that the request to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request will better enable the applicant to phase its development Page 47 of 196 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: as funding and timing allows. And with the following conditions(s): That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc., except as specifically altered though the site plan approval process. None N/A Goal 1: Support the creation of new, livable wage jobs through balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. N/A N/A PART OF SW SE DESC AS BEG SE COR TH W 475 FT TH N 790 FT TH E 475 FT TH S 790 FT TO PT OF BEG SEC 32 T 89 R 13 Page 48 of 196 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: September 12, 2017 Request by the Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District, located West of 2010 West Ridgeway Avenue. Islamic Foundation of Iowa, Inc., 330 South Street, Waterloo, IA 50701 The applicant is requesting to rezone the property in question to construct a daycare facility, play area, utility garage, Community Centre/Gym, and Islamic Centre/School. The first phase of the project will only consist of constructing a 6,400 square foot daycare facility, 80' X 40' play area, and 16 -stall parking lot. The second phase will consist of a 5,000 square foot community Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility garage. The request would not appear to have a negative impact on the neighborhood which consists of the Katoski Greenbelt to the north and west, the future Kwik Star Fuel Blending Facility to the east, and vacant land to the south which is also zoned "B -P" Business Park District. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by West Ridgeway Avenue, which is classified as a Minor Arterial. There are currently no sidewalks located along West Ridgeway Avenue. A recreational trail is anticipated to be constructed along the south side of West Ridgeway Avenue in the future. The area of the proposed site is currently zoned "M -2,P" Planned Industrial District. The site was rezoned from "A-1" Agricultural District to "M -2,P" Planned Industrial District on 11/01/1999. North — Katoski Greenbelt, zoned "A-1" Agricultural District. South — Vacant Commercial Property, zoned "B -P" Business Park District East — Vacant Industrial Property, zoned "M -2,P" Planned Industrial District. West — Katoski Greenbelt, zoned "A-1" Agricultural District. The Katoski Greenbelt is located to the west and north of the site, which is not anticipated to be developed in the future, as most of it is located within the floodplain. The future Kwik Star Fuel Blending Facility will be located to the east. Future commercial business development is anticipated to occur to the south along West Ridgeway Avenue. The request for the construction of a daycare and future phases of the Islamic Center Development would not appear to have a negative impact on the surrounding area, however the West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 49 of 196 September 12, 2017 applicant still needs to be cognizant of the industrial nature, intended use, and design of nearby properties. BUFFERS/ No Buffering will be required. SCREENING REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted to the Engineering Department for review and approval prior to the issuance of a building permit. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. FLOODPLAIN: The property is located within a Zone A (100 -year floodplain), Zone X (500 -year floodplain), and non -floodplain. The area for the proposed daycare facility is not located in a special flood hazard area per the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. PUBLIC /OPEN The Katoski Greenbelt is located to the west and north of the site. No SPACES/ schools are located in the immediate vicinity. SCHOOLS: UTILITIES: WATER, The closest sewer line to the property in question is an 8" line that SANITARY SEWER, runs within West Ridgeway Avenue, but stops 1,350' to the east at STORM SEWER, Martin Road. This sewer line will be extended to connect with the ETC: future Kwik Star Fuel Blending Facility, but it will not be extended to the Islamic Community Center site. The applicant at this time intends to build a sewer septic system. The area does not contain any storm water infrastructure, but it does contain a 20" water main that runs along the south side of West Ridgeway Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. Land to COMPREHENSIVE the north and west is designated Parks, Open Spaces, Airport, LAND USE PLAN: Government Facilities, and Public Spaces. Land to the south is designated as Business Park, Professional Offices, Commercial, and Compatible Light Industrial. Land to the east is designated as Industrial. The proposed use appears to be compatible with the comprehensive plan. The site is also located within the Primary Growth Area on the City of Waterloo's Growth Map. STAFF ANALYSIS — The applicant is requesting to rezone 8.25 acres from "M -2,P" ZONING Planed Industrial District to "B -P" Business Park District. The ORDINANCE: intention of the rezoning request is to provide the Islamic Foundation of Iowa, Inc. greater flexibility in regards to phasing its development. The site previously received special permit approval by the Board of Adjustment on April 9, 2007 to build an Islamic Community Center with a Mosque, and other related facilities under one roof. The Islamic Foundation of Iowa now intends to have the Islamic Community Center built in phases that will be comprised of separate buildings. The first phase will consist of a 6,400 square foot daycare West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 50 of 196 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE September 12, 2017 facility, 3,200 square foot play area, and a 16 -stall parking lot. The second phase will consist of a 5,000 square foot Community Centre/Gym, a 7,000 square foot Islamic Centre/School, and utility garage. Parking will need to be noted on the site plan when the Islamic Community Center gets ready to construct its second phase. A Islamic Community Center is a permitted use in the "M -2,P" Planned Industrial District, subject to special permit approval, which was received in 2007. Unfortunately, a stand-alone daycare or school building is not a permitted use within the "M -2,P" Planned Industrial District. The rezoning of the land from "M -2,P" to "B -P" Business Park District will enable the Islamic Foundation of Iowa, Inc. to better phase its Islamic Community Center development. A daycare, school, and Community Centre/Gym Islamic Centre/School are permitted uses under the Business Park District. Land to the south of the site is also zoned Business Park District. The rezoning of the site would be in character with the neighborhood. The applicant is not planning to subdivide the property. Lori Glover with the Black Hawk County Office of Emergency Management expressed concerns regarding a portion of the site being located in the 100 -year floodplain. The City of Waterloo Planning Staff however, noted that the proposed daycare facility will not be built in the 100 -year floodplain. Members of the Technical Review Committee expressed concerns regarding the close proximity of the proposed day care to the soon to be constructed Kwik Trip Fuel Blending Facility and asked if the applicant has looked at the possibility of having sanitary sewer connected to the site. The City of Waterloo Planning Staff indicated they are only planning on having a sewer septic system installed on the site at this time. The proposed daycare facility will be located 700 feet to the west of the Kwik Trip Fuel Blending Facility and there are trees located between the two sites to act as a buffer. A representative with the Kwik Trip indicated that there are numerous safety measures that will be incorporated into the design of the tanks to mitigate any potential impacts and limit potential damage to the site itself. In addition the fueling tanks are located within a containment wall in case of any spillage or faults with the tanks. West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 51 of 196 September 12, 2017 STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 8.25 acres from "M -2,P" Planned Industrial District to "B -P" Business Park District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request will better enable the applicant to phase its development as funding and timing allows. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc., except as specifically altered though the site plan approval process. West of 2010 West Ridgeway Ave. rezone from "M -2,P" to "B -P" Page 52 of 196 City of Waterloo Planning, Programming and Zoning Commission September 12, 2017 W of 2010 West Ridgeway Avenue Rezone M -2 ,P to B -P Ibrahim Shehata Page 53 of 196 N. \ �_u�i� /,+�t1r i, ALI& ItVT1m � 300 150 0 300 eteW O •° 1 Feet City of Waterloo Planning, Programming and Zoning Commission September 12, 2017 W of 2010 West Ridgeway Avenue Rezone M -2,P to B -P Ibrahim Shehata Page 54 of 196 EXTENT OF IFI LAND EXISITNG- SOCCER F',ELD EXISITNG - GRAVEL ROAD n PLAY AREA 00'X40' r - PROPOSED - DAY CARE (6400 SC FT) •1 PARK NG LOTS •< (FOR 15 EMPLOYEES AND 70 CHILDREN NEW -ENTRANCE PROPSED- CCMMUNITY CENTREIGYM (5000 SQ FT) PAVED LAND UTILITY GARAGE PROPSED - ISLAMIC CENTRE/SCHOOL (7000 SC YT) \ BUILDINGS FOR FUTURE PHASES. MASTER LAYOUT (LAND AREA = 790ft X 475ft) ASSUMPTIONS FOR BUILDINGS SIZING: DAY CARE CENTER: 90 PEOPLE (INC. CHILDREN AND STAFF) COMMUNITY CENTRE/GYM: 50-100 PEOPLE ISLAMIC CENTRE/SCHOOL: 200 PEOPLE *MAX. OCCUPANCY EXPECTED IN IFI LAND AT SAME TIME IS 200. PHASE 1: CONSTRUCTION OF DAY CARE CENTRE FUTURE PHASES WILL INCLUDE CONSTRUCTION OF ISLAMIC CENTER AND COMMUNITY CENTER. Page 55 of 196 7.= (Ej ,010,11,00 VL mvos AV Arma9eara 0S3Z Z:13±NIE0 32:1V3AVCI 011A1V-ISI 1}1,11.1 .94 4,04 ISLAMIC DAYCARE CENTER z 0 17- LLJ w z 0 F2250 RIDGEWAY AVE_ 1,4.32,111VM ARE CENTER ISLAMIC DAYCARE CENTER 2250 RIOGERWAY AV 12250 RIDGERWAY AVE. 11.1.11,11.111,, .1..1.111,PA LW z 1_11 0 0 ›- 0 CO 0 LU —J LU UJ EXISTING GRAVEL ROAD ,01,11h1.0 '5,1:E=T7 .0.0014100 /007700- CP.1 .0-, V 'IOAV V AVM30)0121 OSZZ 2:1311\133 321VOAV4 01INV1S1 L.L.1 z uJ uJ c.) —J Cl_ 00-z z LLFT SCALE: 3/16. ls0" gE;:i . . 1 q 1 .s; 5 4 FA' A „ • I JANITOR CLOSET :-. 4. ,..., IM . § , ',.-. Z 111 r : a 8 = C,.. , . . . ' ? " ",2' '; .1', .Y ti '', 2 Lcu" 6 iN eTa '',, – ..,:, Xe 717— '''.:, , , ". o ,_ ,,,,,, ;',41 ., ..-, , ••...',.4. ,.,,, b 1-,„.„,,,- _ ::,' '-' .. „--) OE `8' 1,! •- t,;-,, ,• ... c9. ;A ...'„ 2 ONERFT0.:A ROOM .", ..,. ..,2. ., .9" ..., d 5. ,,. .... 3.8 0 .` : 1.11111111LLEIMI ,.,?., , en ,4-12 L.L.1 z uJ uJ c.) —J Cl_ 00-z z LLFT SCALE: 3/16. ls0" gE;:i APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): i Yn 1,„i. e_Nn q•' Address: jo 5 nci rts s e Phone: 31 _ g 3 z_35 Fax: City: gyp-}�,✓G k1S State: 'LA Zip: S,., .S 1 b. Status of applicant: (a) Owner (b) Other y (CHECK ONE): If other explain: pyre. s c. Property owner's name if different than above (please print): Address: -J el K,,, Phone: '3 '� �'j . Fax: City: 4.trai 1b State: A Zip: 5, -7,1 2. PROPERTY INFORMATION: a. General location of property to be rezoned: we...s o \ id3e..uAco1 b. Legal description of property to be rezoned: Tn Irk 51N c* 4 5E C0Y vee ;%. \ti 415 t-& .r 1.J 7.90 fee* E 47C fee. f i 1,30 f - ?aisrlf uk 15z50Ni7i„'.515e," 32/".1'Reif g I . c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): -70 I 75 d. Area of Proposed Zoning Boundary (Excluding Right of Way): '. P A es e. Current zoning: A,rry — z , p Requested zoning: l)3 h f. Reason(s) for rezoning and proposed use(s) of property: -r rs p ., s, . r (, y11 re, id a . f y Det c r V i-. r i ; i a, 51 - aid d 4aiddtsuha� .Sv„,s, �uun�K C avvn.�vw�s +l r�ti @✓ kn .it\�I�2 y\ -� P 1(n c es \ 1^ Ch ,A,A dei v4 s Conditions (if any) agreed to: g. h. Other pertinent information (use reverse side if necessary): �.�, ,,uy 'i,,,, i , j e�� tt - Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Oder Date ?Ve5►ae\n't- Page 58 of 196 CITY OF WATERLOO Council Communication Recommendation of appointment of John Hyman, from the Civil Service list, to the position of Instrument Control Foreman at the Waste Management Services Department, effective October 3, 2017. City Council Meeting: 10/2/2017 Prepared: 9/26/2017 REVIEWERS: Department Waste Management Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer Hoambrecker, Steven Even, LeAnn Action Approved Approved Date 9/26/2017 - 10:55 AM 9/27/2017 - 9:04 AM Recommendation of appointment of John Hyman from the Civil Service list, to the position of Instrument Control Foreman at the Waste Management Services Department, effective October 3, 2017. Submitted By: Steven Hoambrecker, Director Waste Management Services Request approval of selected candidate The filling of this position was approved May 9, 2017 and the Civil Service list was certified September 22, 2017. $62,317 with full benefits Page 59 of 196 CITY OF WATERLOO Council Communication Vacate, sell and convey a portion of Marigold Drive to Marcus Pratt for $1.00 and a portion of Marigold Drive to the Bosnian Islamic Association of Waterloo for $770.00. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Council Ltr Attachments - Marigold Vacate SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Date 9/27/2017 - 11:06 AM 9/27/2017 - 1:07 PM Motion to receive and file proof of publication of notice of public hearing. Hold Hearing -No comments on file. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Marcus Pratt and the Bosnian Islamic Association of Waterloo to vacate a 60 foot x 197 foot portion of Marigold Drive, located to the south of its intersection with Afton Drive, with the retention of a utility easement over, under and across the property in question. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing the sale and conveyance of the northeasterly portion of a portion of Marigold Drive to Marcus Pratt for $1.00 and the southwesterly portion of a portion of Marigold Drive to the Bosnian Islamic Association of Waterloo for $770.00, and directing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval The applicants are requesting to vacate Marigold Drive south of its intersection of Afton Drive, with each party receiving half of the right-of- way. Marcus Pratt would receive the northeasterly portion and the Bosnian Islamic Association of Waterloo would receive the southwesterly half. Marcus Pratt has recently constructed a new house and is offering $1.00 for the land and the house currently pays $640 in taxes per year. It was determined that the full asking price for the land is $770 and that is the amount that the Bosnian Islamic Association of Waterloo is offering for the property, therefore, they are both meeting the sale of property policy. The Building and Grounds Committee in October of 2014 recommended selling Page 60 of 196 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: the land to Mr. Pratt for $1.00 due to constructing a new house and selling to the Bosnian Islamic Association of Waterloo for $770, which they have agreed to. There is an 8" sanitary sewer located within the area to be vacated and it will be necessary to retain a utility easement over, under and upon the area to be vacated to allow for future access for maintenance of the sewer. At the Planning, Programming and Zoning Commission meeting, the commission unanimously recommended approval of vacating the right-of- way, with the retention of a utility easement over, under and upon the area to be vacated. None N/A Right -of -Way N/A Description — vacate: That portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Description — conveyance to Pratt: The Northeasterly 1/2 of that portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Description — conveyance Bosnian Islamic Association: The Southwesterly 1/2 of that portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Page 61 of 196 Page 62 of 196 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: Vacate Marigold Dr S of Afton Dr. October 14, 2014 Request to vacate a portion of Marigold Drive, located south of its intersection of Afton Drive. Marcus Pratt, 3306 Parkridge Road, Waterloo, IA 50702 The applicant is requesting to vacate the 60'x 197' (11,820 SF) portion of right-of-way of Marigold Drive, and retain the east half of the property to serve the house he is currently constructing, located at 3410 Marigold Drive. The Bosnian Islamic Association owns the abutting property to the west of the right-of-way and wish to retain the west half to serve their property. The request would not appear to have a negative impact upon the surrounding neighborhood and land use. The request would not appear to have a negative impact upon traffic and pedestrian conditions within the surrounding area. However, it will need to be properly reconfigured. There are no recreational trails within the immediate area. A portion of the area to be vacated is zoned "R -4,R -P" Planned Residence District, and another portion is zoned "C-1" Neighborhood Commercial District. North — Existing commercial development, zoned "C-1" Neighborhood Commercial District. South — Vacant development ground, zoned "R -4,R -P" Planned Residence District. East — Vacant development ground, zoned "R -4,R -P" Planned Residence District. West — Vacant development ground and a mobile home park, zoned "R -4,R -P" Planned Residence District, and "R-3" Multiple Residence District. The surrounding area consists of a mix of different development, which include light commercial uses, a mobile home park and single family -residence that is under construction. There appears to be no need for additional screening and buffering for this request. The request would not appear to have a negative impact on drainage in the area. The area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190025 and Panel PgdtP63f6f 196 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Vacate Marigold Dr S of Afton Dr. October 14, 2014 Number 0316F, dated July 18, 2011. There are no nearby parks within the immediate are of the vacate request. There is an 8" sanitary sewer located within the area requested to be vacated. If the vacate is approved, it will be necessary to retain an easement over, under and upon the area to allow for access to the sanitary sewer if maintenance is needed in the future. The Future Land Use Map designates this area as Mixed Residential; Low, Medium, High Density Residential, Professional Offices and Neighborhood Commercial. The proposed right-of-way vacate would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to vacate a portion of Marigold Drive located south of its intersection with Afton Drive. The applicant has requested to retain the east half of the right-of-way that abuts the property he owns at 3410 Marigold Drive, which is currently a house that is under construction. The Bosnian Islamic Association owns the property to the west of the right-of-way, and has requested to retain the western portion of right-of-way that abuts their property. The applicant has provided a letter to the Engineering Department agreeing that he will extend Marigold Drive from Afton Drive approximately 16' southeastward and install two, 16' wide driveways on opposite sides of the street. The applicant has also indicated that sidewalk will be extended along either side and be built to City specifications. However, only extending Marigold Drive by 16' is not long enough to meet the requirements for a turn- around. Another option would be to vacate Marigold Drive south of Afton Drive, and curve Afton Drive into Marigold Drive, and install new curb and gutter on the south side of the curve and construct a new driveway entrance at the curve to serve both the applicant's property and the Bosnian Islamic Association property. Staff feels this would be the best alternative in this situation. The portion of Marigold Drive south of Afton Drive is a dead-end stub that previously had right-of-way that extended farther to the south connecting into Memory Lane, however, this right-of-way was eliminated when the entire plat of that area was vacated, and there are no plans to make a public road connection through this area in the future. There is no platting required as a part of this request. Therefore, staff recommends that the request to vacate a portion of Marigold Drive south of its intersection with Afton Drive be approved for the following reasons: 1. The request would not appear to have a negative impact on PgdtP64f 6f 196 Vacate Marigold Dr S of Afton Dr. October 14, 2014 the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. And subject to the following condition(s): 1. That before reconstruction of the road begins, the applicant submits in writing the details, materials and contractors involved in the reconstruction of the roadway, and obtain all necessary permits. 2. That the applicant reconfigures the intersection of Marigold Drive and Afton Drive by properly curving the two streets into one another. 3. That each adjoining property owner provides an access easement for the benefit of the other adjoining property over the portion that is conveyed to them. PgdtP65f6f 196 City of Waterloo Planning, Programming and Zoning Commission October 14, 2014 -1 A-1 NC 1;C -Z F R-4 Rr1 R-3 R -3,R -P C-2 C-1 _.� A-1 E. SHAULIS RDR-2 C •'11111 tI#R2 '1 ar A-1 NEEB a ■1 --am NR -2 R-2ems* A a•MM ii bin orimme mom Nom Nom -MEM.= NM' - P MEN -' -- -. M- MEN MEN uII E. ORANGE RD. 4 NORTF AyF C KELLAR F Vacate of a Portion of Marigold Drive, South of Afton Drive Marcus Pratt Page 66 of 196 City of Waterloo Planning, Programming and Zoning Commission October 14, 2014 Portion of Right -of -Way to be Vacated Vacate Portion of Marigold Drive, South of Afton Drive Marcus Pratt Page 67 of 196 Applicant: 'l Y 9 7 L7 I ST J i ceir ° v .l; Vaterloo9 1Gt : ; : 5li Il:i. (31.19) 2i91-4366 an [, COM i-11PYaca tr and 7''�aLCEIiaae Citi`; L L ;rP'! eI .'`'�]ay l -4-41 !Request to Vacate Easetri?ent, Vacate Skle!yaik, a' .N.EacTroaldurrymc / reekrreat © Sale of City -Owned Property 41(-- Address:33D, g Phone No.: -31q socy General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 11/67— ‘) :3`#(.) ///�L -z7 Legal description of area to be conveyed, vacated, or encroached: 1, on -refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • ight-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions - Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 07e-1 r G %C" k /9V/WC 5A71/1 ,I ' I/;iAge-4 773 ge- Ilf}G` b 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant Si[ aarl. Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 68 of 196 INTENT Ill O VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): '314 O o.r \ 4,1 6£i c ' , have no objection to the right-of-way being vacated and have been offered the opportun1ty to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3), We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Signature of adjacent property owner Date D k cTh 31°1 U9 30() Address Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2, Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) a 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 69 of 196 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property ow ers of right-of-way eque ed to be vacated and generally described as (address or general location): �/ j , have no objection to the right-of-way being vacated and have been of red the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way (sign and date below leave items 1-3 blank). .4 7- se Signature of adjacent property owner Date s Address (6-c, a 2,)/C_ Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 1 od 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) r 0 � A 02--./7( 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 70 of 196 Request to Vacate Marigold Drive, South of Afton Drive TRACT T TRACT V „'e UTIL. ESMT. I 10) IL J L LLL s �0 a .w9� o -r 22 2. 152.4 AFTON a9, Or '4 TRACT S UTIL. ESMT. 20 4 m( at e\ I -,- 5' UTIL. ESMTS. 1 Area to be Vacated Page 71 of 196 Description — vacate: That portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Description — conveyance to Pratt: The Northeasterly 1/2 of that portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Description — conveyance Bosnian Islamic Association: The Southwesterly % of that portion of Marigold Drive lying Southerly of a line drawn between the most Northerly corner of Lot 19 of that part of Cedar Hills now vacated and the Northwesterly corner of Tract S Cedar Hills, and lying North of a line drawn between the Southwesterly corner of Tract S Cedar Hills and the most Easterly corner of Lot 19 of that part of Cedar Hills now vacated, subject to the retention of an utility easement over, under and across the above described property. Page 72 of 196 BOSNIAN ISLAMIC ASSOCIATION OF WATERLOO 728W2ND ST WATERLOO, 1A 50702 Pay to the order of r dy iV f 1EL) L, 0,04 (4..."10Lidian- P.O. Box 6080 Waterlo, IdAr 50704 crack unon At0.235322$ • wrnx ve^ -Cis _r}/? Date Memo 1: 2739763691: L590065 2 L400300 15 L3 1513 72-7539/2739 17 $ 77O.c)c Dollars LT]Oateili en Fellu;:: Page 73 of 196 Request to Vacate Portion of Marigold Drive Looking at the portion of Marigold Drive to be Vacated. It is not a constructed road, but rather a gravel driveway area. Page 74 of 196 CITY OF WATERLOO Council Communication Lease agreement with BMC Aggregates, L.C. for property located south of 2465 Wagner Road for extraction of sand and gravel with 3% royalty payments of materials sold with a minimum annual payment of $5,000 for a term ending December 31, 2028. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Lease D Exhibit A legal description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Backup Material Backup Material Date 9/28/2017 - 9:49 AM 9/28/2017 - 10:04 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving lease agreement with BMC Aggregates, L.C. for property located south of 2465 Wagner Road for extraction of sand and gravel with 3% royalty payments of materials sold with a minimum annual payment of $5,000 for a term ending December 31, 2028, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Aric Schroeder, City Planner Approval. BMC Aggregates, L.C. (Basic Material Corporation) has been leasing City owned land that is adjacent and a part of Brinker Lake, located just south of 2465 Wagner Road. The current lease is set to expire at the end of this year, and they are requesting to extend the term of the lease. The payment terms are the same as the previous lease. None N/A Land Use See attached. Page 75 of 196 Lease Agreement This Lease Agreement, dated this day of , 2017, (herein called this Lease) by and between the City of Waterloo of Black Hawk County, Iowa, (herein called the Lessor) and BMC Aggregates, L.C., an Iowa limited liability company (herein called the Company) with a place of business at 101 BMC Drive, Elk Run Heights, IA 50707: Witnesseth In consideration of the sum of $1,000, the receipt of which is hereby acknowledged, and which sum is to be considered advance royalty and deducted from first sales made until the royalty account is balanced, and on and subject to the terms and conditions provided in this Lease, Lessor hereby leases and grants to the Company all stone, sand and gravel, in, on, and under the below described property (herein called the Property), and the exclusive right to sample drill, and test for, develop, mine, quarry, extract, process, sell and remove same during the term of this Lease, The Property situated in Black Hawk County, Iowa, described as follows in the attached Exhibit A attached hereto and made a part of: Black Hawk County Parcel #8913-09-376-005 Sec 9 T89N R13W, And That portion of Black Hawk County Parcel #8913-09-476-001 located in the North one third (1/3) of this parcel, Sec9 T89N R13W All in Black Hawk County, Iowa Together with a right-of-way (herein called the right-of-way) of adequate width across adjacent property of Lessor to the public roadway and the unrestricted right of ingress and egress to and from the Property for the Company, its employees and invitees. 1. Term. The term of this Lease shall commence on the 1st day of January, 2018 and terminate on the 31st day of December, 2028. 2. Payments. The Company shall pay to Lessor for all stone, sand, and gravel mined, quarried, or extracted and sold and removed and for all overburden sold and removed from the Property during each calendar month of this Lease, royalties at the rate of 3% of the Company's Average Net Selling Price (ANSP) until the expiration or earlier termination of this Lease. The term Average Net Selling Price as used in this paragraph shall mean the Company's weighted average unit selling price, F.O.B. it plant on the Property, per ton of stone, sand, and gravel mined, quarried, or extracted and sold and removed from the Property and for all overburden sold and removed from the Property by the Company after deducting transportation charges, discount, and sales returns and allowances. A minimum annual royalty of $5,000, for all stone, sand, and gravel mined, quarried, or extracted and sold and removed from the Property shall be paid for that year of the Lease. On or before February 15th of the year succeeding each year Page 76 of 196 of the Lease term, the Company shall determine if the minimum royalty has been met. Any difference owed the Lessor shall be paid by the Company on or before March 1st of that year succeeding each year of the Lease term. As provided in paragraph 7, the Company will have the right to sell such materials for up to two (2) years after the Lease term ends. The parties agree that royalties will also be paid to the City on the basis set forth in this paragraph 2 with respect to any period after end of the Lease term. The Company shall furnish to Lessor an accurate written statement of and shall pay Lessor royalties for the quantities of such stone, sand, and gravel sold and removed from the Property during each calendar month within 20 days after the close of such month. Lessor shall have the right at reasonable times to examine the Company's pertinent sales records to verify quantities of such stone, sand, and gravel sold and removed from the Property. 3. Operations. The Company's operations on the Property shall be conducted in a workmanlike manner but at times and in such manner as shall be determined by the Company in its sole discretion. The Company shall have the right to install, construct, operate, maintain, dismantle and remove all its plants, machinery, equipment, improvements and other facilities, including without limitation roads, rail lines, pipe lines, power lines, telephone lines, water courses, dams, ponds, and stockpile areas on the Property and right-of-way. The Company shall have the right during the term of this Lease and without any payment to Lessor (unless same is sold), to strip and remove overburden on and from the Property, and otherwise to use and occupy the Property, all as reasonably required in connection with mining, quarrying, extracting, processing, storage, sale and removal of stone, sand, and gravel in, on, under or from the Property and other property owned or leased by the Company. Lessor hereby authorizes the Company on its behalf and will assist the Company in obtaining zoning and other governmental classifications, permits, approvals, licenses, and rights reasonably required in connection with the lawful conduct of the Company's business and operations related to the Property. 4. Certain Liabilities. The Company assumes liability for personal injury and property damages resulting from the Company's negligent acts and omissions in, on, or about the Property, and shall indemnify and hold harmless Lessor against and from liability to third parties therefor and against and from any costs, expenses, damages, fines, fees, penalties or other liabilities of any type or nature arising from the Company's activities under this Lease including but not limited to reasonable attorney's fees. The Company shall name the Lessor as an additional insured for any and all of the Company's activities conducted on the Lessor's property and shall maintain a minimum of One Million Dollars ($1,000,000) for any liability coverage. A Certificate of Insurance shall be furnished to Lessor annually upon request from Lessor. 5. Ownership. Lessor represents and warrants that it has good and marketable title to the Property and to its stone, sand, and gravel and the unrestricted right to enter into and fully perform this Lease, and the Company shall have the undisturbed enjoyment of its rights in and to the Property provided for in this Lease. In the event the Property is or becomes subject to a 2 Page 77 of 196 mortgage or other lien, the Company shall have the right but shall not be obligated to make for the account of Lessor such payments as are necessary to discharge such mortgage or lien, or alternatively to prevent or remedy default in respect thereof, and the amounts of any such payments shall be applied to reduce any payments which the Company is or thereafter becomes obligated to make to Lessor under this Lease. Lessor will promptly notify the Company of any default under or action to foreclose any such mortgage or lien. 6. Termination. Lessor shall have the right at its option to terminate this Lease upon 60 days written notice to the Company if the Company fails to perform any of its obligations hereunder and such failure continues for a period of 60 days after written notice by Lessor to the Company specifying such failure. If through no fault of the Company such failure is impracticable to correct within the 60 day period following receipt of written notice thereof, Lessor shall have no right to terminate this Lease if the Company commences with good faith and with due diligence to correct such failure. Lessor shall also have the right at its option to terminate this Lease after the end of 5 years of the term of this Lease in the event circumstances beyond the Lessor's control make it necessary in which event Lessor shall give a least one year prior written notice to the Company. The Company shall have the right to terminate this Lease by giving written notice at least 60 days prior to the end of any subsequent year of the term of this Lease if in the sole judgment of the Company, the deposit is depleted of all saleable stone, sand, and gravel in, on, or under the Property. Except as provided in paragraphs 7 and 8, upon any termination of this Lease by either party all rights and obligations of the parties hereunder shall cease except any right or obligation which accrued prior to the effective date of such termination. 7. End of Term. For two (2) years after the expiration of the term of this Lease or earlier termination hereof the Company shall have the right to sell and remove stone, sand, and gravel then stockpiled on the Property, and shall dismantle and remove plants, machinery, equipment improvements and other facilities installed or constructed on the Property by the Company unless by common agreement with the Lessor to leave such improvements. The Company will pay royalties to the City for post -term sales of such material as provided in paragraph 2. 8. Restoration of Property. Within two (2) years after the expiration or earlier termination of this Lease, the Company will notwithstanding the provisions of paragraphs 6 and 7 level portions of the Property on which the Company has piled overburden as nearly as practical to a level that will accommodate ultimate reseeding. 9. Notices. Payments shall be made to Lessor and notices shall be sent or given to the respective parties at their respective addresses set forth in the caption of this Lease or such other address as shall be specified in a notice given by such party to the other in accordance with this paragraph. 10. Successors. This Lease shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the respective parties. 3 Page 78 of 196 11. Waiver of Lateral Support. Lessor hereby confirms and agrees that the Company has the right to mine, quarry, extract stone, sand, and gravel, and overburden through and across all common property lines between the Property and other properties leased or owned by the Company and Lessor hereby waives any and all rights of lateral support from the other properties leased or owned by the Company insofar as such support may be affected by the Company's operations. The Company agrees that this paragraph applies to all common property lines between the Property and properties owned by the Company, but only to those common property lines between the Property and properties leased by the Company whose lessors have agreed to and signed a waiver of lateral support. 12. Entire Agreement. This Lease contains the entire agreement between the parties hereto and it nor any part of it may be changed, altered, modified, or limited orally or by any agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by Lessor(s) and the Company, or their respective heirs, personal representatives, successors, and assigns. LESSOR COMPANY City of Waterloo, Iowa BMC Aggregates, L.C. By: By: Quentin M. Hart, Mayor Christopher M. Dinsdale, President and Managing Member Attest: Kelley Felchle, City Clerk EIN 42-1172003 4 Page 79 of 196 Exhibit A Legal Description Parcel 8913-09-376-005, legally described as: PARCEL OF LAND IN PART OF SE SW & NE SW DESC AS FOL: BEG AT S 1/4 COR SAID SEC 9TH N 2313.6 FT ALONG E LINE SW 1/4 SAID SEC 9TH S 08 DEG 20 MIN W 2340.5 FT TH E 406.3 FT ALONG S LINE SW 1/4 SAID SEC 9 TO PT OF BEG SEC 9 T 89 R 13 The northerly one-third of Parcel 8913-09-476-001, legally described as: THE NORTHERLY ONE-THIRD OF SE SE SEC 9T89R13 Page 80 of 196 CITY OF WATERLOO Council Communication Resolution approving submission of an African American Civil Rights History Grant application, for the National Park Service in the amount of $50,000, to survey and complete a national register application for the Smokey Row/Triangle Area of Waterloo, $30,000 to install historical markers on sites of significance in Waterloo Civil Rights, and $7,500 for publication of information brochures for the sites and the area. City Council Meeting: 10/2/2017 Prepared: 9/28/2016 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 9/27/2017 - 10:09 AM Clerk Office Even, LeAnn Approved 9/27/2017 - 10:21 AM SUBJECT: Submitted by: Resolution approving submission of an African American Civil Rights History Grant application, for the National Park Service in the amount of $50,000, to survey and complete a national register application for the Smokey Row/Triangle Area of Waterloo, $30,000 to install historical markers on sites of significance in Waterloo Civil Rights, and $7,500 for publication of information brochures for the sites and the area. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Resolution authorizing the submittal of the grant application. The city of Waterloo has a unique African American Civil Rights history and its critical to document and preserve this history and make it accessible to the public and future researchers. Summary Statement: The Planning and Zoning Department will administer the grant. A match of in-kind labor to administer the grant and provide other assistance is included. Expenditure Required: $5,366 expenditures in in-kind labor. Source of Funds: In-kind staff labor. Policy Issue: Economic Development/Historic Preservation, policies 1, 3 and 4. Alternative: NA Background Information: N/A Legal Descriptions: N/A Page 81 of 196 CITY OF WATERLOO Council Communication Resolution approving the contract with Crystal Distribution Services, Inc. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 9/27/2017 - 11:32 AM Clerk Office Even, LeAnn Approved 9/27/2017 - 12:22 PM ATTACHMENTS: Description Type D High Quality Jobs Project Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving the contract with Crystal Distribution Services, Inc. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Adopt a resolution to approve the contract. The High Quality Jobs program provides qualifying businesses tax credits and direct financial assistance to off -set some of the costs incurred to locate, expand or modernize an Iowa facility. To qualify for this very flexible assistance package that includes loans, forgivable loans, tax credits, exemptions and/ or refunds, eligible businesses must meet certain wage threshold requirements. Visit wage requirements to view the requirements for wage thresholds. N/A TIF Policies 1, 3, and 4 in the Strategic Plan dealing with Economic Development. NA Eligibility Requirements: • A business must meet wage thresholds requirements. • Actual award amounts will be based on the business's level of need; Page 82 of 196 Background Information: the quality of the jobs; the percentage of created or retained jobs defined as high-quality; and the economic impact of the project. • Created jobs must pay at least 100 percent of the qualifying wage threshold at the start of the project and 120 percent of the qualifying wage threshold by project completion and through the project maintenance period unless in a distressed area. • Retained jobs must pay at least 120 percent of the qualifying wage threshold throughout the project completion and maintenance periods. • The business must provide a sufficient benefits package to all full time employees that includes at least one of the following: o Business pays 80 percent of medical and dental premiums for single coverage plans, OR o Business pays 50 percent of medical and dental premiums for family coverage plans, OR o Business pays for some level of medical and dental coverage and provides the monetary equivalent value through other employee benefits. Tax Incentives: • The State's refundable research activities credit may be increased while the business is participating in the program. • A local property tax exemption of up to 100 percent of the value added to the property to a period not to exceed 20 years may be available. • An investment tax credit equal to a percentage of the qualifying investment, amortized over five years. This tax credit is earned when the corresponding asset is placed in service and can be carried forward for up to seven additional years or until depleted, whichever occurs first. • A refund of state sales, service or use taxes paid to contractors or subcontractors during construction. • For distribution center projects, a refund of sales and use taxes paid on racks, shelving, and conveyor equipment. • To assure your addition/expansion can benefit from this program, businesses must apply prior to the beginning of the project. Legal Descriptions: NA Page 83 of 196 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # 18-HQJTC-010 Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 18 -TC -010 - 2 - Fm! Approved 12/2014 Page 84 of 196 Economic Development Assistance Contract RECIPIENT: CRYSTAL DISTRIBUTION SERVICES, INC. COMMUNITY: CITY OF WATERLOO CONTRACT NUMBER: 18 -TC -010 AWARD DATE: AUGUST 18, 2018 AWARD AMT. — TAX INCENTIVES $136,500 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 200 East Grand Avenue, Des Moines, IA 50309, and Crystal Distribution Services, Inc. (Recipient), 1656 Sycamore Street, Waterloo, IA 50703 and the City of Waterloo (Community), 715 Mulberry St, Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community and IEDA agree to the following terms: Contract # 18 -TC -010 - 3 - Fmt Approved 12/2014 Page 85 of 196 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which [EDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate" means any entity to which any of the following applies: a. Directly, indirectly, or constructively controls another entity. b. Is directly, indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity. A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award" means any and all assistance provided by IEDA for the Project under this Contract. "Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance, including loans. "Base Employment Level" means the number of Full -Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Contract # 18 -TC -010 - 4 - Fmt Approved 12/2014 Page 86 of 196 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full -Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full -Time Equivalent job, ""FTE, " or 'full-time" means the employment of one person: I . For 8 hours per day for a 5 -day, 40 -hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site" means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, obsolete, or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: (1) Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3) The property is currently being used as a parking lot, (4) The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D, The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. Contract # 18 -TC -010 - 5 - MnlApproved 12/2014 Page 87 of 196 "Loan" means an Award of assistance with the requirement that the Award be repaid with term, interest rate, and other conditions specified as part of the conditions of the Award. "Loan" includes deferred loans, forgivable loans, and float loans. A "deferred loan" is one for which the payment for principal, interest, or both, is not required for some specified period. A "forgivable loan" is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. A "float loan" means a short-term loan, not to exceed 30 months, made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Person" means as defined in Article 6.1(g) of this Contract. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D — Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa, "Sufficient Benefits" means that Recipient offers to each Full -Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or Contract it 18 -TC -010 - 6 - Ft 1Approved 12/2014 Page 88 of 196 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D; or 3. Recipient provides medical coverage and pays the monetary equivalent of paragraph"1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives" means the tax credits, refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM; MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $ 136,500 TOTAL STATE TAX INCENTIVES: $ 136,500 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Direct State Financial Assistance — Disbursements of Award Funds. (a) Conditions to Disbursement. The obligation of IEDA to disburse funds under this Contract shall be subject to the conditions described in this Article 4. (b) Process to Request Disbursement of Award Funds. Recipient shall prepare, sign and submit disbursement requests and reports as specified in this Contract in the form and content required by IEDA. Recipient shall verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. (c) Documents Submitted. Funds will not be disbursed until IEDA has received the documents described in section 4.3 below as well as the following additional documents, properly executed and completed and approved by IEDA as to form and substance: 1. Security Documents. The fully executed Security Documents required in Article 5. 2. Promissory Note(s). The Promissory Note(s) required and described in the exhibit(s). Contract # 18 -TC -010 - 7 - Pine Approved 12/2014 Page 89 of 196 3. Requests for Disbursement. All disbursements of Award Funds shall be subject to receipt by the IEDA of requests for disbursement, in form and content acceptable to IEDA, submitted by the Recipient. All requests shall include documentation of costs that have been paid or costs to be paid immediately upon receipt of Award proceeds. (d) Prior Costs. No expenditures made prior to the Award Date may be included as Project costs. No funds will be disbursed for expenditures prior to the Award Date. (e) Cost Variation. In the event that the actual cost of the Project is less than the Total Project Cost specified in Exhibit C, the Award Funds specified in Article 3.1 shall be reduced at the same ratio as the reduction in the actual cost of the Project bears to the Total Project Cost specified in Exhibit B. Any funds previously disbursed by IEDA in excess of the reduced Award Funds to be provided by IEDA shall be returned to IEDA immediately upon receipt by Recipient of a written request by IEDA for repayment. (f) Investment of Award Funds. 1. In the event that the Award Funds are not immediately utilized, temporarily idle Award Funds held by the Recipient may be invested, provided that such investments shall be in accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public funds. Interest accrued on temporarily idle Award Funds held by the Recipient shall be credited to and expended on the Project prior to the expenditure of other Award Funds. 2. Within ten (10) days of receipt of a written request from IEDA, Recipient shall inform IEDA in writing of the amount of unexpended Award Funds in the Recipient's possession or under the Recipient's control, whether in the form of cash on hand, investments, or otherwise. Recipient shall return to IEDA all unexpended Award Funds remaining, including accrued interest, after all allowable Project costs have been paid or obligated within thirty (30) days after the Project Completion Date. 4.2 Tax Incentives --Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives. (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary. Contract # 18 -TC -010 - 8 - Fon' Approved 12/2014 Page 90 of 196 (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A. I (3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form --- Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension. Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected event of default. If IEDA believes an event of default has occurred, IEDA has the discretion to temporarily suspend or delay disbursement or issuance of the Award Funds or Tax Incentives while the suspected event of default is being investigated or resolved. (b) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until Contract II 18 -TC -010 - 9 - HmntApproved 12/2014 Page 91 of 196 such time as the default has been cured. (c) Layoff closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or all of the Award. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4,5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of $500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly Iicensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under the Contract. The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. Contract tl 18 -TC -010 - 10 - Fm( Approved 12/2014 Page 92 of 196 (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient. (0 Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient, threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient, threatened, against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including, without limitation, the Secured Property if real property is a security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. Contract # 18 -TC -010 - 11 - Frnt Approved 12/2014 Page 93 of 196 (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: I. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community or contravene or constitute a default under any covenant, indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could Contract # 18 -TC -010 - 12 - First Approved 12/2014 Page 94 of 196 reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community, threatened. (0 Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C -Description of the Project and Award Budget. The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: Contract #1 18 -TC -010 - 13 - First Approved 12/2014 Page 95 of 196 COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Award Date'. Project Completion Period ` Project Completion Date Maintenance ; Period Maintenance Period Completion Date Contract Closeout "Award Date" is "Project "Project "Maintenance "Maintenance Period IEDA will conduct the date first Completion Completion Date" is Period" is the Completion Date" is Contract Closeout stated in this Period" is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article I have been IEDA Board Date and the complete the Completion Period ends. met. approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point, IEDA "Contract End Date" financial At this point, IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date. The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this period of time. obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article, Contract II 18 -TC -010 -14 - FnaiApproved 12/2014 Page 96 of 196 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract, the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be unreasonably withheld, directly or indirectly: I. Sell, transfer, convey, assign, encumber or otherwise dispose of any of the Secured Property for this Project. 2. Place or permit any restrictions, covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property. 4. Create, incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient, as described in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 315! for the period ending June 30th The Annual Project Status Report will collect information from the Recipient about the status of the Project. Contract It 18 -TC -010 -15- Fon' Approved 12/2014 Page 97 of 196 End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. (f) Compliance with IEDA 's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. Contract # 18 -TC -010 - 16 - 1 I Approved 12/2014 Page 98 of 196 (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA, for the duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7,10 Indemnification, The Recipient shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties, arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; Contract # 18 -TC -010 -17 - Fnaf Approved 12/2014 Page 99 of 196 (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Ongoing Fees Based on Claims. For the duration of this Contract and for as long as Recipient claims or applies for benefits against its Iowa tax liability under this Contract, Recipient shall remit to the Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed pursuant to this Contract. The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time, acceleration or otherwise; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7, for more than twenty (20) business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract # 18 -TC -010 - 18 - AO Approved 12/2014 Page 100 of 196 Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA; or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unhanded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10, Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Contract, or the performance of or observance of the covenants in this Contract, is or will be materially impaired; or 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa; or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. Contract # 18 -TC -010 -19 - Fin! Approved 12/2014 Page 101 of 196 (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment, protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default may result in termination of this Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (h) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable Contract # 18 -TC -010 - 20 - PmI Approved 12/2014 Page 102 of 196 period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Contract, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if such court has jurisdiction. If, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with, the internal laws of the State of Iowa without regard to principles of conflicts of laws. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: Contract # 18 -TC -010 - 21 - F}ntApproved 12/2014 Page 103 of 196 To the Recipient at: Crystal Distribution Services, Inc. Tom Poe 1656 Sycamore St. Waterloo, IA 50703 E-mail: tpoe@crystaldist.com Telephone: 319.274.4 550 Facsimile: 319.233.9464 To the IEDA at: Iowa Economic Development Authority Compliance 200 East Grand Avenue Des Moines, Iowa 50309 Attention: Business Development - Compliance E-mail: Compliance@iowaeda.com Telephone: 515.725.3000 Facsimile: 515.725.3010 To the Community at: City of Waterloo Mayor Quentin Hart 715 Mulberry Street Waterloo, IA 50703 E-mail: mayor@waterloo-ia.org Telephone: 319.291.4301 Facsimile: 319.291.4286 Each such notice, request or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in this Article and a confirmation of such facsimile has been received by the sender, (ii) if given by e-mail, when such e-mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (iii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iv) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall Contract # 18 -TC -010 - 22 - P00 12/2014 Page 104 of 196 be deemed to be an original, but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - 2. Exhibit B-1 Recipient's Financial Assistance Application (on file with IEDA), Application # 18-HQJTC-010 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - Description of the Project and Award Budget 4. Exhibit D - Job Obligations 5. Exhibit E- Reserved 6. Exhibit F - Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: Contract # 18 -TC -0 10 - 23 - Fire! Approved 12/2014 Page 105 of 196 1. Article 1 - 10 of this Contract. 2. Exhibit A - 3. Exhibit B-1 Recipient's Financial Assistance Application (on file with IEDA), Application # 18-HQJTC-010 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire understanding between the Parties relating to the Project and any representations that may have been made before or after signing this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows - Contract # 18 -TC -010 - 24 - FAO Approved 12/2014 Page 106 of 196 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IBDA: FOR RECIPIENT: BY: BY: Deborah V. Durham, Director Signature Typed Name and Title Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 18 -TC -010 - 25 - Fin: Approved 12/2014 Page 107 of 196 CITY OF WATERLOO Council Communication Resolution approving award of bid to Peterson Contracting Inc. (PCI) of Reinbeck, Iowa, in the amount of $787,364.75, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2018 Waterloo Boathouse Enhancements, Contract 940, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/2/2017 Prepared: 9/26/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 9/26/2017 - 12:36 PM Clerk Office Even, LeAnn Approved 9/27/2017 - 9:27 AM ATTACHMENTS: Description Type D Contract Cover Memo D Payment Bond Cover Memo D Performance Bond Cover Memo Resolution approving award of bid to Peterson Contracting Inc. (PCI) of Reinbeck, Iowa, in the amount of $787,364.75, and approving the Contract, SUBJECT: Bonds, and Certificate of Insurance for the FY 2018 Waterloo Boathouse Enhancements, Contract 940, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager Request Council award and adopt resolution transmitting Contract, Bonds and Certificate of Insurance for Peterson Contracting Inc. (PCI) of Recommended Action: Reinbeck, Iowa, for FY 2018 Waterloo Boathouse Enhancements, Contract 940, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Cunningham Recreation. Summary Statement: This project provides new hard surfaced parking, trail connections and lighting at the Boathouse. Expenditure Required: $787,364.75 Source of Funds: Background Information: IDNR Reap Grant $200,000 BHGA Grant $500,000 GO Bonds and FEMA Reimbursement $296,000 This project supports the Strategic Plan Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 108 of 196 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2018 WATERLOO BOATHOUSE ENHANCEMENTS CITY OF WATERLOO, IOWA CONTRACT NO. 940 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Peterson Contracting Inc. of Reinbeck, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 Contractor agrees to build and construct the Base Bid, Alternate 'A' and Alternate 'B' items of the F.Y. 2018 WATERLOO BOATHOUSE ENHACEMENTS, CITY OF WATERLOO, IOWA, CONTRACT NO. 940 and furnish all necessary tools, equipment, materials: and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. 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. 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 FORM OF CONTRACT PAGE 1 OF 5 PAGES Page 109 of 196 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 PAR. 6 PAR. 7 PAR. 8 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it within Fifty (50) working days thereafter 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 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. 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, 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 110 of 196 PAR. 9 PAR. 10 PAR. 11 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. 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 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. PAR. 14 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 FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 111 of 196 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 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 is $787,364.75 . 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 FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 112 of 196 remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk Peterson Contracting, Inc. (Contractor) BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20. FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 113 of 196 ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 6 OF 5 PAGES Page 114 of 196 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contracting, Inc. (Name of Contractor) 104 Black Hawk St., Reinbeck, IA 50669 (Address of Contractor) an Iowa , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry St., Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Seven Hundred Eighty-seven Thousand Three Hundred Sixty-four and Seventy-five Cents Dollars,($787,364.75) 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 day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: the Base Bid, Alternate 'A' and Alternate 'B' of the F.Y. 2018 Waterloo Boathouse Enhancements, City of Waterloo, Iowa Contract 940 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. Page 115 of 196 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. 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 of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: Page 116 of 196 IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 117 of 196 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contracting Inc. of Reinbeck, IA (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Seven Hundred Eighty-seven Thousand Three Hundred Sixty-four and Seventy-five Cents Dollars ($787,364.75), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of constructing the Base Bid, Alternate `A and Alternate B' of the F.Y. 2018 Waterloo Boathouse Enhancements, City of Waterloo, IA, Contract No. 940. 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 from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 Page 118 of 196 1 To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name By: Title: Name By: Title: [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. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 119 of 196 CITY OF WATERLOO Council Communication Resolution approving a Repair and Assessment Agreement with Chris Olson, DK Management, to add sidewalk repairs at 1013 W. 3rd Street to the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract 931, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 9/27/2017 - 10:27 AM Clerk Office Even, LeAnn Approved 9/27/2017 - 11:03 AM ATTACHMENTS: Description Type ❑ Rep Assessment Agreement_1013 W. 3rd Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving a Repair and Assessment Agreement with Chris Olson, DK Management, to add sidewalk repairs at 1013 W. 3rd Street to the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract 931, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Property was cited in July for sidewalk repairs due to storm damage. Location is outside of the current repair zone. Property manager has requested City make repairs through the assessment program and bill them accordingly. Property Owner Assessment Page 120 of 196 Prepared by Dave Zellhoefer, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. (319) 291-4327 After recording, return to Wayne Castle, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. REPAIR AND ASSESSMENT AGREEMENT This Repair and Assessment Agreement is entered into as of ? ` .s-- , 2017, by and between Chris OIson, DK Management ("Owner's Agent") and the City of Waterloo, Iowa ("City"). WHEREAS, Owner's Agent is the property manager of real property Iocated at 1013 West Third Street, Waterloo, Iowa, also known as assessor parcel no. 8913-26-329-003 and legally described as the Southwesterly 40 feet of the Northwesterly 30-2/3 feet of Lot 2, Block 1, and the Southwesterly 40 feet of Lot 3, Block 1, Whitney and Sedgwick's Addition to the City of Waterloo, Iowa (the "Property"); and WHEREAS, the Property has sidewalk in the public right of way that is in need of repair pursuant to City's standard criteria, as noted in a repair notice letter sent by the City of Waterloo Engineering Department dated July 13, 2017; and WHEREAS, the Owner's Agent wishes to have the City of Waterloo make the repairs through its FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract #931 ("Program") ; and WHEREAS, the parties desire to make the repairs on the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties agree as follows: 1. Consent to Work. Owner's Agent hereby consents to City's repair of seven (7) sidewalk panels on the public right of way abutting the Property pursuant to the Program and waives all objection to the reasonable entry by City personnel or its contractors onto the Property and associated right of way for purposes of removal and repair of said sidewalk panels. Owner's Agent further waives all Program notices or other notices required by applicable law or ordinance, including but not limited to notices of repair, estimated cost, proposed assessment, and public hearing. City or its designated contractors will perform all repair work in accordance with Program specifications. 2. Consent to Cost. City has provided to the Owner's Agent a proposed estimate of the cost to repair the sidewalk panels, namely, $1,518.48. Owner accepts such estimated cost and acknowledges that the actual cost may be less than, but no greater than, the estimate provided. After cor,pletion, City will bill Owner's Agent the actual cost of repair and the costs incurred by the "i+ of Waterloo for implementing the Program as allowed under the Code of Iowa, and Owner's Agent agrees to pay the total Page 121 of 196 actual cost billed. Costs not paid within thirty (30) days of billing will bear interest at the same rate as other Program assessments, until paid in full. 3. Consent to Assessment. Owner's Agent acknowledges and agrees that the City may certify any unpaid costs for assessment, and upon certification to the county treasurer such costs and interest thereon shall become a special assessment against the Property and shall constitute a lien against the Property until paid in full. In furtherance of the purposes of this Agreement, City may record it in the land records of Black Hawk County, Iowa. 4. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. It may be amended only by a written agreement signed by the parties. This Agreement is binding on the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Repair and Assessment Agreement as of the date stated above. CITY OF WATERLOO, IOWA By: ris Olso K Management Quentin Hart, Mayor Attest: Kelly Felchle, City Clerk Page 122 of 196 CITY OF WATERLOO Council Communication Resolution approving Change Order No. 1 for a net increase of $7,000.00 for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 9/27/2017 - 10:25 AM Clerk Office Even, LeAnn Rejected 9/27/2017 - 10:33 AM Engineering Thorson, Eric Approved 9/27/2017 - 10:40 AM Clerk Office Even, LeAnn Rejected 9/27/2017 - 11:03 AM Engineering Thorson, Eric Approved 9/27/2017 - 11:18 AM Clerk Office Even, LeAnn Rejected 9/27/2017 - 12:06 PM Engineering Even, LeAnn Rejected 9/27/2017 - 12:07 PM Engineering Ross, Tracia Approved 9/27/2017 - 12:28 PM Engineering Even, LeAnn Approved 9/27/2017 - 12:32 PM Clerk Office Even, LeAnn Approved 9/27/2017 - 12:32 PM ATTACHMENTS: Description Type ❑ Cont 908_Final Qty Summary Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Change Order No. 1 for a net increase of $7,000.00 for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. GO Bonds Page 123 of 196 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: F.Y. 2017 LEVEE TREET CLEARING CEDAR RIVER (NORTHEAST) , CONTRACT NO. 908 Date Prepared: August 14, 2017. AMOUNT: $ 7,000.06 Increase TO: TWIN CITY TREE SERVICE, LLC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated October 17, 2016. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Total Net Increase $ 7,000.06 CITY OF WATERLOO BY: TWIN CITY TREE SERVICE, LLC. Mayor ATTEST: Date CONTRACTOR City Clerk Date BY: I \faA d)(Yr\CD P' 4 Date '.\- PRINTED NAME: fttA-V(2MC1( TITLE: Qwv1` APPROVED: City Engineer Date Page 124 of 196 Page 125 of 196 TWIN CITY ORIGINAL ' FINAL ' INCR/DECR INCR/DECR QUANTITY QUANTITY AMOUNT 1.0000 0.000 $ - 1958.10 0.00 5 - 4.4118 0.54 $ 7,000.06 64 ' 0 a 0 0 t� 69 INCREASE/DECREASE PAY ESTIMATE #1 November 28, 2016 $ 14,879.95 IPAY ESTIMATE#2 February 15, 2017 $ 52,876.91 ���� i i1 c I(� �f - (3— i PAY ESTIMATE #3 April 4, 2017 $ 110,196.06 Twin City Tree Service ; Date PAY ESTIMATE #4 June 16, 2017 $ 21,235.46 _ PAY ESTIMATE #5 July 25, 2017 $ 29,763.12 I ,K 1 j RETAINAGE $ 12,050.1: A�� ,''211" "w'I % Date�l a 0 a 0.001 3.87 0 0 'qty of Watery _QUANTITY 1.000 1,958.10 3.870 3.870 0 C c W 0 R .�- 0000 ao 000 o. CD &4 b4 CD, a N ONr• 69 69 ' 64 00 v, o o N 69 $ 234,001.52 ',000 Otn o- a o. b4 o o N 69 P.Y. 2017 LEVEE TREE CLEARING CEDAR RIVER (NORTHEAST) UNIT LS UNIT ACRE ACRE LS TOTAL INCREASE/DECREASE ORIGINAL CONTRACT AMOUNT FINAL QUANTITY ADJUSTMENT FINAL CONTRACT AMOUNT CONTRACT #908 FINAL QUANTITY SUMMARY DESCRIPTION DIVISION 1 MOBILIZATION CLEARING AND GRUBBING CLEARING AND GRUBBING _ SEEDING, SEEDING FERTILIZING AND MULCHING TRAFFIC CONTROL TOTAL PAYMENT a] W F r-� N to tr kr) Page 125 of 196 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Twin City Tree Service, LLC. of Waterloo, Iowa, in the amount of $241,001.58, for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 9/27/2017 - 10:28 AM Clerk Office Even, LeAnn Approved 9/27/2017 - 12:17 PM ATTACHMENTS: Description Type ❑ Cont 908 Maint Bond Cover Memo SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Twin City Tree Service, LLC. of Waterloo, Iowa, in the amount of $241,001.58, for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908. Submitted By: Eric Thorson, PE, City Engineer Twin City Tree Service, LLC. has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. GO Bonds Page 126 of 196 DDI Western Surety Company MAINTENANCE BOND Bond Number: 71838569 KNOW ALL PERSONS BY THESE PRESENTS, That we Twin City Tree Service, LLC . of of 1312 Walker St., Waterloo, IA 50703 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Waterloo of 620 Mulberry Street, Waterloo, IA 50703 , hereinafter referred to as the Obligee, in the sum of Two Hundred Forty-one Thousand One and 58/100 Dollars ($ 241, 001.58 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the city of Waterloo Northeast Contract #908 dated ,for 2017 Levee Tree Clearing Cedar River WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One ( 1 ) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on September 12 2017 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One ( 1 ) year(s) from and after September 12, 2017 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this Form F4721 12th day of September 2017 Twin City Tree Service, LLC ci ByrlcJIIYYXQ Western Surety Company (Seal) rety) EDWARD J HO (Seal) Attorney -in -Fact Page 127 of 196 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 71834562 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint EDWARD J HOOD its true and lawful attorney(s)-in-fact, with hull power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Twin City Tree Service, LLC Obligee: City of Waterloo Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney() -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 12 2017 , but until such time shall be irrevocable and in full force and effect. Tall_ Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its cor cal tS'be.a this 12th day of September 2017 i SI 1 wC� WEST.' R► SURE�'.,Y COMPANY SA' rp S ' 1 'A Paul T, ruflat Vice President l�y� T`p3.st - /y`3lM1�: i�i'i'- -�¢¢¢9gilA ss On this 12th day of September ,in the year 2017 , before me, a notary public, personally appeared Paul T. Brullat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMP• COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. IP s J. MOHR +) s NOTARY PU@LlC S Ss Notary Public - South Dakota i SOUTH DAKOTA +4,4bNy4gybNyy esstolsovioi Ny 4' My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 12th day of September 2017 WESTOP ST.JRE -Y COMPANY Paul T. ruflat, Vice President To validate bond authenticity, go to www.cmasuretv.com > Owner/Obligee Services > Validate Bond. Coverage. Form F5306-1-2016 Page 128 of 196 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $53,000 for Engineering Services related to the Brock 3rd Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 9/27/2017 - 10:30 AM Clerk Office Even, LeAnn Approved 9/27/2017 - 11:17 AM ATTACHMENTS: Description Type D P SA Brock 3rd Addition San Sew Ext Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $53,000 for Engineering Services related to the Brock 3rd Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer The services include surveying, design, preparation of Iowa DNR Construction Permit applications, assistance during letting, construction staking and construction review services. Not to exceed $53,000.00 Source of Funds: Martin Road Bonds or TIF funds Policy Issue: This contract applies to Strategic Plan Strategy 1.3 by providing the design to construct water and sanitary sewer to a development site in the Martin Road TIF area. Page 129 of 196 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Part I. PARTIES AND PROJECT THIS AGREEMENT is made on the Day of in the year 2D.-1-7between the City of Waterloo, IA and Wayne Cl.aasse_n. Engineering & Surveying, Inc. the Owner , the Engineer, for the following Project: Brpck Third Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, The Owner and the Engineer agree as follows: Page 1 of .13 ACEC Owner -Engineer Agreement, Document No. 4 © THE AMERICAN CONSULTING ENGINEERS COUNCIL 1 155 15th- Street, N.W., Washington, D.C. 20005 Page 130 of 196 Part II. ENGINEERING CHARGES: A. In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide professional services for which the OWNER shall compensate the ENGINEER as follows: A.1 Basic Preliminary Engineering Phase -As defined in Article 1.1.1.A not to exceed amount of $ 17,000.00 A.2 Basic Final Engineering Phase -As defined in 1.1.1.B. not to exceed amount of $_1_8_,M_ A.3 Basic Construction Engineering Phase -As defined in 1.1.1.C. not to exceed amount of $ 18,000.00 B. The following rates shall be used for all additional services requested by the Owner and provided by the ENGINEER on this project: Category Hourly Rate 1. Principle/Engineer I $124.00 2. Engineer II $ 98.00 3. Land Surveyor $ 98.00 4. CADD $ 92.00 5. 2 person Survey Crew $165.00 6. Civil Tech I $ 92.00 B.1. Cost of Services of other professional consultants at a multiple of One the amount billed to the ENGINEER by the professional consultants for such services. (1.0) times B.2 Initial Payment -Execution of this Agreement shall be accompanied by an initial payment by the OWNER of None dollars ($0.00) which shall be credited to the OWNER's account. B.3 Reimbursable Expenses -As defined in Article 4, times a multiplier of One (1.0). Page 2 of 13 Page 131 of 196 Part III. TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services - The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: 1.1.1. Project Scope - This Project consists of surveying and civil engineering services to prepare a preliminary and final plat of the undeveloped land owned by the City of Waterloo that is North of North Ridgeway Avenue and West of Martin Road. The scope of this Agreement shall also include the design, construction contract documents, construction staking, construction observations, Iowa DNR permit applications and asbuilt plans for the extension of sanitary sewer to this area. A. Preliminary Engineering Phase Task 1. Project Administration and Meetings. This task includes coordination of the Project with city staff. Task 2. Field Survey. This task consists of all field surveys required to obtain the necessary topographic data, ground elevations and cross sections required for the design of the Project. Task 3. Wetland Delineation. This task consists of delineating wetland area along the western side of the Project Area and recommending necessary offsite wetland mitigation. (see attached Terracon proposal) Task 4. Preliminary Plat and Design. This task includes preparation of a preliminary plat and plans for relocation of the existing drainageway along the western side of the project area, site storinwater management facilities and sanitary sewer extension to the area, along with preliminary cost estimates. B. Final Engineering Phase Task 1. Final Plat. This task includes completing a Final Subdivision Plat for the area and setting lot corners. Task 2. Final site grading and sanitary sewer extension design. This task includes completion of the Construction Plans and Specifications for the Project based upon the comments from the preliminary plan review and preparation of an Engineers Estimate of Probable Construction Cost. Task 3. Bid Letting, Review and Award. This task includes assisting the City in obtaining and analyzing bids for the Project. Page _3 of _13_ Page 132 of 196 C. Construction Engineering Phase The scope of this Agreement shall include the tasks included in Sections 1.1.6, Construction Phase and 7.3, Resident Construction Review Services of this Agreement and the tasks described in the following during the Construction of this Project: Task 7. Project Administration and Meetings. This task includes coordination of the Project with the City and, Contractor, and progress meetings during the Construction Phase as necessary to discuss the Project. Task 8. Construction Survey. This task consists of all construction staking required for the Contractor to construct the Project. Task 9. Construction Review. This task consists of reviewing the Contractor's construction and testing to verify conformance to the Construction Plans and Documents. This task is not to be completed on a full time basis. Task 10. Asbuilt Plans. This task consists of adding asbuilt information to the Construction Plans and providing these asbuilt plans to the City. Task 11. Project Closeout. This task consists of record keeping, meetings, correspondence and review with city staff as necessary to closeout the Project with the Contractor and the City. (Folder\My Documents16-Contract Agreements\Terms&Conditions-Brock 3"1 Add Preliminary Plat, Final Plat and Sanitary Sewer ext.doc) Page 4 of 13� Page 133 of 196 Part III. TERMS AND CONDITIONS Article 1. ENGINEER'S SERVICES 1.1 Basic Services he ENGINEER agrees to perform professional servi is in c+nnection with the Project, including normal civil,; true- tu al, mechanical and electrical services and normal chitec- turI services related thereto, as set forth below and contained with this Agreement: 1.1.2 Schematic Design Phase During e Schematic Design Phase the ENGI r. ER shall: 1.1.2.1 onsult with the OWNER to ascertain the OWNER's equirements for the Project. 1.1.2;2 As ise the OWNER as to the n-cessity of his ob- taining addit • nal services such as .descri • d within Article 1, paragraph.1,•: "Additional Services" .s d if authorized by the .OY/N7 R, all provide, or assist m. in procuring such additional servi es. 1.1.2.3 .:Prepare a preliminary engi ering stridy and report, whiclt'wiilconsist • f schematic desis documents and. reports of studies as nece'. ary for review and written approval by the. OWNER. 1.1.2.°4: Prepare a tatement of the ENGINEER's- Opinion of the Construction t ost based : pon the preliminary designs developed under this 'hale.. 1.1,2.5 - Furnishcopies of the Schematic Design Documents for e O NER's review and approval. 1.1.3 Design Develop Upon receipt of the 0 ceed with the Design D shall: Phase R'swritten authorization to pro- elopment Phase, the ENGINEER 1.1,3,1 Advise the 0 -R as to the necessity of his ob- taining further addit' i nal ' ervices and if authorized by the OWNER, shall provde, or i ssist him in procuring such ser- vices, 1:1.3.2 Prepare Studies, for appr ment Documents outline specifica the Project. 1.1.3.3 Prepa of the Constru established. to om the al by the onsisting of ons to develop pproved _Schematic Design WNER, the Design Develop- esign criteria, drawings and and establish the scope of a statement of th- ENGINEER's Opinion tion Cost for the Prr-'ect based upon designs s point. 1.1.3.4 Fur sh velopment approval.. cages of theDesign De- ocuments for the 0 R's review and 1.1.4 Co .traction Contract Documents ase Upon rece pt of the OWNER's written auth ization to pro- ceed wit the Construction Contract Docum-its Phase, the ENGI =' R shall: 1.1.4.1 Prepare the required Contract forms in ' uding pro- posal onus and notice to bidders; drawings, ` ethnical spec& ations and other- documents as required to c'amplete the instruction Contract Documents. 1.1. .2 Furnish to the OWNER engineering data and i 6cu- me• is so that the OWNER may secure approval fr go ernmental authorities having jurisdiction over the Project. 1.4.3 Advise the OWNER of any adjustments to . `revious E NEER's Opinion of the Construction !ost when chang in requirements, general market condi; ons or other condition o warrant. 1.1.4.4 At te OWNER's request, as ; t the OWNER's legal counsel in +.•nnection with his reiew of the Construc- tion Contract Doc +tents for their le,.11y related aspects. 1.1.4.5 Furnish Contract Documents fo he 0 opies of the Construction ER's review and approval. 1.1.5 Bidding or Negoti:, : Phase Upon receipt of the 0.'+ R's '.ritten approval of the Con- struction Contract ocuments Ph se and latest Opinion of the Constructio ost, and written a..thorizationto proceed with the Bid: ng. or Negotiating Pha -,. the ENGINEER shall: 1.1.5.1 Assist the OWNER in obtaining hi' or negotiating bid ' oposals,.. in analyzing bids and propo . Is, and in a .rding the Construction Contract. 1,1,6 Construction Phase Upon award of any Construction Contract based upon the Construction Contract Documents compiled by the ENGI- NEER, the Construction Phase of this Agreement shall com- mence and the ENGINEER. shall: 1.1.6.1 - Act as the OWNER's representative with duties and responsibilities and limitations of authority as described in the General Conditions to the Construction Contract. The OWNER shall not modify the Construction Contract Documents without the written consent of the ENGINEER, 1.1.6.2 Advise and consult with the OWNER during the Construction Phase and the ENGINEER shall issue the OWNER's authorized instructions to the Contractor. 1.1.6,3 Make periodic visits to the site of the construction to observe the progress and quality of the constructiion work and to determine, in. general, if the results of the construction work are in accordance with the Drawings and the Specifica- tions. On • the 'basis of his on-site observations as an ENGINEER, he shall endeavor to guard the OWNER against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee the performance of the Contractor. The ENGINEER shall not be required to make exhaustive or continuous on-site ob- servations to check the quality or quantity of the construc- tion work. The ENGINEER is not responsible for construc- tion means, methods, techniques, sequences or procedures, time of performance, programs, or for any safety precau- tions in connection with the construction work. The ENGINEER is not responsible for the Contractor's failure to execute the work in accordance with the Construction Con- tract. 1.1.6.4 Review the Contractor's request for progressive payment, and based upon said on-site observation, advise the OWNER as to the ENGINEER's opinion of the extent of the work completed in accordance with the terms. of the Construc- tion Contract as of the date of the Contractor's payment request and issue, for processing by the OWNER, a Certifi- cate for Payment in the amount owed the Contractor, The issuance of Certificates for Payment shall constitute a declar- ation by the ENGINEER to the OWNER, based upon said on-site observations, review and data accompanying the request for payment, that the Contractor'sRrgd6 11 �4prb ' 196 Page 5. .of 13 Vgd6 grassed to the point indicated; that to the best of the ENGI- NEER's knowledge, information and belief, the quality of the Contractor's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to correc- tion of minor deviations from the Construction Contract Documents and to qualifications stated in the Certificate for Payment); and that the Contractor is entitled to the amount stated. The issuing of the Certificate for Payment by the ENGINEER shall not represent that he has made any investi- gation to determine the uses made by the Contractor of sums paid to the Contractor. 1.1.6.5 Make recommendations to the OWNER on all claims relating to the execution and progress of the construc- tion work. The ENGINEER's decisions in matters relating to the ENGINEER'S design shall be final. 1.1.6.6 Notify the OWNER of permanent work which does not conform to the result required in the Construction Contract, prepare a written report describing any apparent non -conforming permanent work and make recommenda- tions to the OWNER for its correction and, at the request of the OWNER, have recommendations implemented by the Contractor. 1.1.6.7 Review shop drawings, samples, and other submit- tals of the Contractor only for general conformance to the design concept of the Project and for general compliance with the Construction Contract, 1.1.6.8 Prepare Change Orders for the OWNER's approval. 1.1.6.9 Conduct a construction progress review related to the Contractor's date of completion; receive written guarantees and related data assembled by the Contractor; and issue to the OWNER a Certificate of Final Payment. • 1.1.6,10 The ENGINEER shall not be responsible for the defects or omissions in the work result of the Contractors, or any Subcontractors, or any of the Contractor's or Subcon- tractor's employees, or that of any other persons or entities responsible for performing any of the work result as con- tained in the Construction Contract. 1.2 AdditionalServices If authorized in writing by the OWNER, the ENGINEER agrees to furnish or obtain from others, additional profes- sional sexvices in connection with the Project, as set forth below and contained within this Agreement: 1.2,1 Preparation of applications and supporting docu- ments for govenment grants, loans or advances. 1.2.2 Making drawings from field measurements of existing construction when required for planning additions or altera- tions thereto. 1.2.3 Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, com- plexity, schedule or character of construction. 1,2.4 Revising studies, reports, design documents, drawings or specifications which have previously been approved by the OWNER, or when such revisions are due to causes beyond the control of the ENGINEER. 1.2.5 Preparation of design documents for alternate bids or for out -of -sequence work requested by the OWNER. 1.2.6 Preparation of detailed renderings, exhibits or scale models for the Project. 1.2.7 Providing special analysis of the OWNER's needs such as owning and operating analysis, OWNER'S operating and maintenance manuals, OWNER's special operating draw- ings or charts, and any other similar analysis. 1.2.8 Providing planning surveys, site evaluations and com- parative studies of prospective sites. 1.2.9 Providing any type of field surveys for design pur- poses, "stake out" of the location of the work, and any other special field surveys. 1.2.I0 Furnishing additional copies of reports and addi- tional prints of Drawings and Specifications in excess of those stipulated in the Agreement. 1,2,11 Investigations involving detailed consideration of operations, maintenance and overhead expenses; the prepara- tion of rate schedules, earnings and expense statements, feasi- bility studies, appraisals and valuations; detailed quantity surveys of material and labor; and material audits or inven- tories required by the OWNER. 1.2.12 Additional services when the Project involves more than one Construction Contract, or separate equipment contracts. 1.2.13 Preparing special Change Orders when requested by the OWNER which are not within the scope of Article 1, "ENGINEER'S SERVICES," paragraph 1.1.6.8. 1.2.14 Making a review of the Project prior to expiration of the guarantee period and reporting observed discrepancies under guarantees provided by the Constructioin Contract. 1,2,15' Preparing a set of reproducible record drawings conforming to construction records provided to the ENGINEER, made by the Contractor during the construction process. 1.2.16 Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the Contractor, (3) prolongation of the initial Coxistruction Contract time beyond.the contract time, (4) acceleration of the work schedule involving services beyond established office working hours, and (5) the Contractor's default under Construction Contract due to delinquency or insolvency. 1.2.17 Providing assistance- in the initial start-up, testing, adjusting or balancing, or operation of equipment or systems, or training personnel for operation or maintenance of equip- ment or system. 1.2.18 Providing design services relating to future facilities, systems and equipment which are not intended to be con- strucfed or operated as a part of the Project. 1.2.19 Providing services as an expert witness for the OWNER in connection with litigation or other proceedings involving the Project. 1.2.20 Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Article 2, "OWNER'S RESPON- SIBILITIES." 1.2.21 Providing Resident Project Representative services to give the OWNER more extensive on-site representation during the Construction Phase. Pace __6of 13 Page 135 of 196 Article 2. OWNER'S RESPONSIBILITIES The OWNER shall: 2.1 Provide to the ENGINEER all criteria, design and con- struction standards and full information as to the OWNER's requirements for the Project, 2.2 Designate in writing a person authorized to act as the OWNER'S representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNBR's policies and render • decisions and authorizations in writing promptly to prevent •u'n'reasonable delay in the progress of the ENGINEER's services, Furnish to the ENGINEER a complete land ;a- ' ey of the r = ;te which shall include but . e limited to service and utr i` ' . r cations wit a 1yi s and invert grades, easements, rights-of=wa+ y:. .....urs, grades., streets, alleys,. pavements, adj ' roperty, hments, zoning and deed rest s, existing buildings, imp �,:I_ s and tree to oils data including. but n .._' .• ed ca reports, test borings, tes o E a t;i urface. exploration, soil bearing value mol: =' on hind coxiosMon and resist- ivit with appropriate profess s' : • tatlon, • 2.5 % _ =;, ; ,tory tests, air and ton tests, reports and inspections``�_'..•§..e ;a,. - ; materials Or other items required m by la +vernenta +,:res. haying juris- dic ' his Project. 2.6 Provide legal, accounting, and irisuranee counseling services necessary for the Project, legal review of the Constrvdtion Contract Oocuiirents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the Contractor. , 2.7. Furnish permits and approvals from tall goyernm.ental authorities having jurisdiction over this' Project and from others as may be necessary for completion of the Project. 2.8 Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement. 2.9 .Obtain bids or proposals from contractors for work relating to this Project and bear allcosts relating thereto. • 2,10 Protect and preserve all survey stakes and markers placed at the Project site prior to the assumption of this responsibility by the Contractor and bear all costs of replacing stakes or -markers damaged or removed during said time interval, 2,11 Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. 2,12 Give prompt written notice to the ENGINEER when- ever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement, 2,13 Compensate the ENGINEER for services rendered under this Agreement. Page Article 3 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct labor costs incurred by the ENGINEER directly attributable to the Project by the payment of the actual salaries and wages to the employees of the ENGINEER, but not including indirect payroll connected costs and other non -Project related costs. Article 4 REIMBURSABLE EXPENSES 4,1 Reimbursable Expenses are in addition to compensation to the ENGINEER for Basic and Addltional.Setvices and inclade:expenditures made by. the ENGINEER, his employees orhis consultants in the interest of theProject. Reimbursable Expenses include but are not limited to: 4.1.1 Expense of transportation, subsistence and lodging when traveling in connection with the Project, 4.1.2 Expense of long distance or toll telephone calls, tele- grams, messenger service, field office elpenses, and fees paid for securing approval of authorities having jurisdiction over the Project, 4.1.3 " Expense of -all.reproduction, postage and handling" of Drawings., Specifications, 'reports or other Project -related work product of the ENGINEER. 4,1.4. Expense of computer time, including charges for proprietary programs, 4.1,5 •:When authorized in advance by the OWNER, expense of overtime work requiring higher than 'normal rates, and expense of preparing.perspectiVes, renderings or models, Article 5 PAYMENTS TO THE ENGINEER 5,1 Progress payments shall be made in proportion to services rendered and as indicated within -this Agreement and shall be due and 'owing within thirty days -of the ENGINEER's submittal of his monthly statement. Past due amounts owed shall include a charge' at the maximum legal rate of interest from the thirtieth day, 5.2 If the OWNER fails to make monthly payments due the ENGINEER, the ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agree- ment. 5,3 No deductions shall be madefrom the ENGINEER's compensation on account of penalty, liquidated damages or other sums withheld from payrrients to Contractors. 5.4 If the Project is delayed or if 'the ENGINEER's services for the Project are delayed or suspended for more than three months for reasons beyond the ENGINEER's control, the ENGINEER may, after giving seven days written notice to the OWNER, terminate this Agreement and the OWNER shall compensate the ENGINEER in accordance with the termina- tion provision contained hereafter in this Agreement. 7 o 13 Page 136 of 196 Article 6 GENERAL PROVISIONS 6.1 Ownership of Documents All Drawings, Specifications and other work product of the ENGINEER for this Project are instruments of service for this Project only and shall remain the property of the ENGINEER whether the Project is completed or not. Reuse of any of the instruments of service of the ENGINEER by the OWNER on extensions of this Project or on any other project without the written permission of the ENGINEER shall be at the OWNER's risk and the OWNER agrees to defend, indem- nify and hold harmless the ENGINEER from all claims, damages, and expenses including attorneys' fees arising out of such unauthorized reuse of the ENGINEER's instruments of service by the OWNER OR BY OTHERS ACTING THROUGH THE OWNER. Any 'reuse or adaptation of the ENGINEER'S instruments of service occurring after the written agreement of the ENGINEER shall entitle the ENGINEER to further compensation in amounts to be agreed upon by the OWNER and the ENGINEER. 6.2 Delegation of Duties Neither theOWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 6.3 Termination This Agreement may be terminated by either party by seven days written notice in the event of substantial failure to per- form erform in accordance with the terms of this Agreement by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid for services performed to the termination notice date including Reimbursable Expenses due plus Termination Expenses. Termination Expenses are defined as Reimbursable Expenses directly attributable to termination, plus 150711 of the total compensation earned to the time of termination to account for ENGINEER'S rescheduling adjustments, reassignment of personnel and related costs incurred due to termination. 6.4 Extent of Agreement This Agreement represents the entire and integrated agree- ment between the OWNER and the ENGINEER and super - cedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the OWNER and the ENGINEER. 6.5 Governing Law Unless otherwise specified within this Agreement, this Agree- ment shalt be governed by the law of the principal place of business of the ENGINEER. 6.6 General 6.6.1 Should litigation or arbitration occur between the two parties relating to the provisions of this Agreement, all liti- gation or arbitration expenses, collection expenses, witness fees, court costs and attorneys fees incurred by the prevailing party shall be paid by the non -prevailing party to the pre- vailing party. 6.6.2. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 6.6.3 In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provis- ions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 6.6.4 The ENGINEER has not been retained or compen- sated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the Contractor to perform his work but not relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 6.6.5 The ENGINEER intends to render his services under. this Agreement in accordance with generally accepted profes- sional practices for the intended use. of the Project and makes no warranty either express or implied. 6.6.6 Any Opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design professional and is supplied for the general guidance of the OWNER. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy of such Opinions as compared to Contractor bids or actual cost to the OWNER. Page 8 of 13 Page 137 of 196 Article 7. SPECIAL PROVISIONS 7.1 Insurance and Indemnity 7.1.1 Engineer's Insurance—The ENGINEER shall acquire and maintain statutory workmen's compensation insurance coverage, employer's liability, comprehensive general liability insurance coverage and professional liability insurance coverage. The limits and deductible applicable to both comprehensive general liability and professional liability shall be established under a separate agreement between the parties. 7.1.2 Contractor's Insurance—Prior to the commencement of the work, the OWNER shall require the Contractor and any Sub- contractors to submit evidence that he (they) have obtained for the period of the Construction Contract and the guarantee period comprehensive general liability insurance coverage (including completed operations coverage). This coverage shall provide for bodily injury and property damage arising directly or indirectly out of, or in connection with, the performance of the work under the Construction Contract, and have a limit of not less than $ 5 , 000 , 000.00 for all damages arising out of bodily injury, sickness or death of one person and an aggregate of $ 5 , 000 , 000 = 00 for damages arising out of bodily injury, sickness and death of two or more persons in any one occurrence. The property damage portion will provide for a limit of not less than $ 5 , 000 , 000.00 for all damages arising out of injury to or destruction of property of others arising directly or indirectly out of or in connection with the performance of the work under the Construction Contract and in any one occurrence including explosion, collapse and underground exposures. Included in such coverage will be contractual coverage sufficiently broad to insure the provision of paragraph 7.1.4 "Indemnity". The comprehensive general liability insurance will include as additional named insureds: the OWNER; the ENGINEER; and each of their officers, agents and employees. 7.1.3 Builders Risk "Ali Risk" Insurance—Before commencement of the work, the OWNER will require that the Contractor and any Subcontractors submit written evidence that he (they) have obtained for the period of the Construction Contract, Builders Risk "All Risk" Completed Value Insurance Coverage (including earthquake and flood) upon the entire Project which is the subject of the Construction Contract. Such insurance shall include as additional named insureds: the OWNER; the ENGINEER; and each of their officers, agents, employees and any other persons with an insurable interest as maybe designated by the OWNER. Such insurance may have a deductible clause but not to exceed $5,000, except that the earthquake deductible may be in accordance with generally accepted insurance practices in the locale where the coverage is issued. 7.1.4 Indemnity—The OWNER will require that any Contractor or Subcontractors performing work in connection with Drawings and Specifications produced under this Agreement to hold Harmless, indemnify and defend, the OWNER and the ENGINEER, their consultants, and each of their officers, agents, and employees from any and all liability claims, losses or damage arising out of or alleged to arise from the Contractor's (or Subcontractor's) negligence in the performance of the work described in the Construction Contract Documents, but not including liability that may be due to the sole negligence of the OWNER, the ENGINEER, their consultants or their officers, agents and employees. Page _ 9 _of13 Page 138 of 196 7.3 Resident Construction Review Services 7.3.1 If requested by the OWNER or recommended by the ENGINEER and approved in writing by the OWNER, the ENGINEER shall provide one or more full time Resident Project Representatives to assist the ENGINEER in order to render more extensive representation at the Project site during the Construction Phase, Such Resident Construction Review Services shall be paid for by the OWNER as Additional Services as defined within this Agreement. The limits of the authority, duties and responsibilities of a Resident Project Representative shall be described before such services_ begin by written instruments labeled Exhibit A, attached to, and made a part of this Agreement, 7.3.2 By means of the more extensive on-site observations of the work in progress, the ENGINEER will endeavor to provide further protection for the OWNER against defects and deficiencies in the Contractor's work, but the furnishing of such services shall not include construction review of the Contractor's construction means, methods, techniques, sequences or procedures, or of any safety precautions and programs in connection with the work, and the ENGINEER shall not be responsible for the Con- tractor's failure to carry out the work in accordance with the Construction Contract. Page 10 o f 13 Page 139 of 196 7.3 Resident Construction Review Services 7.3.1 If requested by the OWNER or recommended by the ENGINEER and approved in writing by the OWNER, the ENGINEER shall provide one or more full time Resident Project Representatives to assist the ENGINEER in order to render more extensive representation at the Project site during the Construction Phase. Such Resident Construction Review Services shall be paid for by. the OWNER as Additional Services as defined within this Agreement. The limits of the authority, duties and responsibilities of a Resident Project Representative shall be described before such services begin by written instruments labeled Exhibit A, attached to, and made a part of this Agreement. 7.3.2 By means of the more extensive on-site observations of the work in progress, the ENGINEER will endeavor to provide further protection for the OWNER against defects and deficiencies in the Contractor's work, but the furnishing of such services shall not include construction review of the Contractor's construction means, methods, techniques, sequences or procedures, or of any safety precautions and programs in connection with the work, and the ENGINEER shall not be responsible for the Con- tractor's failure to carry out the work in accordance with the Construction Contract. Page 11 13 of Page 140 of 196 EXHIBIT "A" This Exhibit is attached to and made a part of the Agreement between the OWNER, and the ENGINEER, Wayne Claassen Engineering and Surveying, Inc. dated , 2017, for the Project known as Brock Third Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension. LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT PROJECET REPRESENTATIVE 1. The Resident Project Representative shall act under the direct supervision of the ENGINEER, shall be the ENGINEER'S agent in all matters relating to on-site construction review of the Contractor's work, shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or his authorized superintendent. The OWNER shall communicate with the Resident Project Representative only through the ENGINEER. 2. The resident Project Representative shall review and observe on-site construction activities of the Contractor relating to portions of the Project designed and specified by the ENGINEER as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Project Representative's duties are any review of the Contractor's safety precautions, or the means, methods, sequences, or procedures required for the Contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Project Representative are enumerated as follows: a. Review Contractor's general compliance with Project Contract Documents. b. Keep records of water main testing results. c. Prepare monthly pay estimates for work performed by the Contractor. d. Closeout the Project with the City and the Contractor. Page 12 of 13 Page 141 of 196 This Agreement executed the day and year written at the beginning of the Agreement. OWNER: ENGINEER: Wayne Cl assen Engineering & Surveying, Inc. By: By: Quentin Hart, Mayor of Waterloo William J. aassen, President ATTEST BY: ATT Kelley Welcher, City Clerk B 1A. Denise DeLeon, Secretary Page 13 of 13 Page 142 of 196 September 18, 2017 Wayne Claassen Engineering & Surveying, Inc. PO Box 898 2705 University Ave. Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235-6294 E:claassen@wcesinc.com Re: Proposal for Wetland Delineation Southwest Portion of Parcel 8913-32-476-010 Waterloo, Black Hawk County, Iowa Terracon Proposal No. P13177087R Dear Mr. Claassen: iFerracon Terracon appreciates the opportunity to submit this proposal for environmental services for the above referenced site. A. PROJECT INFORMATION We understand that Wayne Claassen Engineering & Surveying, Inc. is preparing plans for the development of the referenced parcel located north of West Ridgeway Avenue in Waterloo, Black Hawk County, Iowa. Terracon is please to submit this proposal to prepare a wetland delineation for the approximate 7.7 acres located in the southwest corner of the referenced parcel. A.1 Site Location ITEM DESCRIPTION Location Southwest portion of Black Hawk County Parcel 8913-32-476-010 located in the SE corner of the SE corner of Section 32, Township 89 North, Range 13 West. Total Site Acreage Approximately 7,5 acres Existing improvements None Existing topography/water bodies An intermittent creek traverses the site from south to north which empties into an on-site pond. Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50513 P [3191 277-4016 F [3191277-4320 terracon.com Page 143 of 196 Proposal for Wetland Delineation SW Portion of Parcel 8913-32-476-010 ti Waterloo, Iowa September 18, 2017 ® Terracon Proposal No. P13177087R lrerracon Should any of the above information or assumptions be inconsistent with the planned construction, please let us know so that we may make any necessary modifications to this proposal. B. SCOPE OF SERVICES Wetland and Waters of the U.S. Delineation Tributaries, creeks, wetlands, or ponds identified on the site may be considered Waters of the United States (WUS) under the jurisdiction of the USAGE. Proposed impacts to a jurisdictional waterbody, including draining, filling, crossing, relocating, or discharging into the waterbody may require a Section 404 Permit from the USACE and a Section 401 Water Quality Certification from Iowa Department of Natural Resources (IDNR). Please note that only the USAGE can make the final determination on the jurisdictional status of WUS, and on the need for permit processing and compensatory mitigation. Terracon will perform a wetland and WUS delineation of the project area. The delineation will use mandatory technical criteria, field indicators, and other sources of information to assess whether the project area has jurisdictional wetlands or WUS. The classification will be performed by an experienced biologist, environmental scientist, or wetland technician. If wetlands are present, the upper boundaries within the project area will be identified. WUS will also be identified and mapped during the delineation. The methods Terracon will use in the delineation generally follow the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (2010) and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987). Jurisdictional wetlands generally have three essential characteristics: hydrophilic vegetation, hydric soils, and wetland hydrology. Our proposed Scope of Work includes the following: E Assemble application information (i.e., aerial maps, soil classifications, site hydrology, vegetation type, etc.). m Perform on-site visit to gather data pertaining to the hydrophytic vegetation community, surface hydrology, and hydric soil characteristics. The following items will be performed at discrete data point locations within suspect wetland areas on- site. o Assess each stratum of vegetation (i.e., trees, saplings/shrubs, herbs, and woody vines). Vegetation will be classified by Genus species and dominance will be assessed. o Classify soil types and evaluate hydric soil indicators using shallow soil probes or space holes. O Observe site characteristics for wetland hydrology indicators. Responsive a Resourceful 11 Reliable 2 Page 144 of 196 Proposal for Wetland Delineation SW Portion of Parcel 8913-32-476-010 $ Waterloo, Iowa September 18, 2017 a Terracon Proposal No. P13177087R lierracon m Terracon will utilize a Trimble GeoXT GPS (sub -meter accuracy) hand-held unit to map the location and boundaries of delineated wetlands. If heavy tree cover is present, a non -GPS survey may be needed to identify wetland boundaries. Fees for a standard, non -GPS ground survey of the wetland areas have not been included in this proposal. E Prepare maps showing the delineated wetland and WUS area(s). E Prepare a Wetland and Waters of the U.S. Delineation Report containing the applicable data, wetland jurisdictional rationale, and proposed project information. in Review available potential stream and wetland mitigation banks in the appropriate service area and provide a summary of estimated costs to compensate proposed impacts of jurisdictional areas at the site. Additional Services Beyond Base Services The cost of completing an NPDES Permit is not included in this proposal. The scope of this proposal includes one site visit to conduct a baseline delineation. Under the Midwest Supplement, on specific sites the USACE may request that the three wetland criteria be evaluated over time to provide additional information regarding seasonal changes in the wetland boundaries and/or characteristics. If the USACE requests additional information, we will provide additional scope for your approval prior to conducting the work. The fees in this proposal do not include additional meetings or data collection/evaluation that may be required by the USACE. Fees do not include preparing a Wetland Mitigation Plan and Alternative Analysis or other services that may be required if wetland or WUS impacts are proposed. Additional services will be necessary if compensatory mitigation is required for impacts to jurisdictional waterbodies or wetlands. Our specific involvement in these phases of the project is not known at this time. If necessary, budget estimates for additional services will be provided as the project scope evolves. Schedule According to the Midwest Supplement, the end of the growing season occurs when woody deciduous species lose their leaves and/or the last herbaceous plants cease flowering and their leaves become dry or brown. The growing season generally begins when two or more different non -evergreen vascular plant species growing in a wetland or surrounding area emerge from the ground, show new growth, bud, or flower. For classification, the wetland delineation should be performed when vegetation is actively growing (generally May -October). If the wetland delineation will be performed outside of the growing season, surveying of any identified wetlands will be conservative. A follow-up visit may be necessary in the vegetative growing season to confirm plant species. Please note that the wetland delineation cannot be performed when the ground is covered in snow or when frozen ground conditions exist. The delineation report will be completed two weeks following the field visit or receipt of surveyed wetland. The schedule for the Responsive E Resourceful 13 Reliable 3 Page 145 of 196 Proposal for Wetland Delineation SW Portion of Parcel 8913-32-476-010 m Waterloo, Iowa September 18, 2017 a Terracon Proposal No. P13177087R lierracon wetland delineation is dependent on weather conditions and the timing of receipt of notice to proceed for the project. In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed in order to meet the client's required project completion date. Please include the following requested items along with the notification to proceed: is Right of entry to conduct the field services Notification of any restrictions or special requirements (such as safety) regarding accessing the site LE Any available design drawings which primarily include existing and proposed topography, grading, utility and drainage plans and their details. EI A signed Agreement for Services evidencing acceptance of this scope of services Scope and Report Limitations The findings and conclusions presented in the report will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third party information or regulatory agency information used in the compilation of plans or reports. No warranties, express or implied, are intended or made. C. COMPENSATION Based on the proposed Scope of Work, our estimated fees are listed below: Wetland Delineation Wetland Field Assessment $1,850 GPS Mapping $ 800 Wetland Delineation Report $1,500 Review of stream and wetland mitigation banks $ 750 Total $4,900 The fees presented are based on performing only the services discussed in this proposal and will be invoiced on a unit price. Any changes beyond the Scope of Work of this proposal will be charged in accordance with our current unit fee schedule. Interim invoices will be submitted regularly and are due upon receipt. Invoices will reflect the units performed in accordance with the above discussion. Responsive ti Resourceful la Reliable 4 Page 146 of 196 Proposal for Wetland Delineation SW Portion of Parcel 8913-32-476-010 ge Waterloo, Iowa September 18, 2017 tn Terracon Proposal No. P13177087R D. AUTHORIZATION lFerr9con This proposal may be accepted by executing both originals of the attached Agreement for Services, and returning both executed copies along with this proposal to Terracon. One fully executed copy will be returned to you for your files. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions, and services to be performed for this project. Terracon's fee is due within thirty days following receipt of invoice. This proposal is valid only if authorized within 90 days from the listed proposal date. We appreciate the opportunity to submit this proposal and look forward to being part of your construction team. Should you have any questions or require additional information, feel free to contact us at (319) 277-4016. We appreciate the opportunity to provide this proposal and look forward to working with you. Sincerely, Terracon Consultants, Inc, Dave C. Cleary, REM Environmental Department Manager Attachments: Agreement for Services Copies to: Addressee (email only) Gerald T. Hengtes,-P.G. Senior Associate Responsive LI Resourceful pi Reliable 5 Page 147 of 196 i rerracon- Reference Number: P13177087R AGREEMENT FOR SERVICES This AGREEMENT is between CES -Wayne Claassen Engineering & Surveying Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the SW portion of Parcel 8913-32-476-010 project ("Project"), as described in the Project Information section of Consultant's Proposal dated 09/18/2017 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5 Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6 LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $10,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7 Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. B Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. t3 Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) Page 1 of 2 Rev. 10-16 Page 148 of 196 lFerracDn Reference Number: P13177087R commercial general liability insurance ($1,000,000 occ I $2,000,000 agg): (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim I egg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and lest locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16- Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: Terracon Consultants, Inc. Client: CES -Wayne Claassen Engineering & Surveying Inc By:- Date: 9/18/2017 By: Date: Name/Title: Dave C. Cleary, REM / Environmental Nameffitle: Bill Claassen 1 Department Manager Address: 3105 Capital Way Ste 5 Address: 2705 University Ave PO Box 898 Cedar Falls, IA 50613-7030 Waterloo, IA 50704 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 235-6294 Fax: Email: Dave.Cleary@oterracon.com Email: claassenai wcesinc.com Page 2 of 2 Rev. 10-16 Page 149 of 196 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 with AECOM, in the amount of $2,400, in conjunction with the Bus Stop Locations ADA Design - Phase I, and authorize the Mayor and City Clerk to execute said agreement. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn ATTACHMENTS: Description D Supplemental Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Action Approved Approved Type Backup Material Date 9/27/2017 - 10:16 AM 9/27/2017 - 12:30 PM Resolution approving Supplemental Agreement No. 1 with AECOM, in the amount of $2,400, in conjunction with the Bus Stop Locations ADA Design - Phase I, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Scope of services for this project is to provide construction -related services to the City of Waterloo for construction staking, construction review and project administration for ADA Bus Pad 7-8 at Maynard Avenue and Greenhill Road and Bus Pad 8-5 at S. Hackett Road and Downing Avenue. $2,400.00 GO Bonds Page 150 of 196 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com BUS STOP LOCATIONS ADA DESIGN - PHASE I CITY OF WATERLOO 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 21, 2016, for construction of approximately 27 bus stop locations within the City of Waterloo for compliance with the American Disability Act (ADA) standards; and WHEREAS, the Client and ATS desire to enter into Supplemental Agreement No. 1 to provide construction -related services to the City of Waterloo for construction staking, construction review, testing and project administration for ADA Bus Pad 7-8 at Maynard Avenue and Greenhill Road and Bus Pad 8-5 at S. Hackett Road and Downing Avenue. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION The project consists of the construction of two bus stop locations within the City of Waterloo for compliance with the American Disability Act (ADA) standards. II. SCOPE OF SERVICES The Scope of Services for this project is to provide construction -related services to the City of Waterloo for construction staking, construction review and project administration for ADA Bus Pad 7-8 at Maynard Avenue and Greenhill Road and Bus Pad 8-5 at S. Hackett Road and Downing Avenue. The scope is further described by the following tasks: Task 1. Provide construction staking for the bus stop pads and sidewalks at both locations. Task 2. Answer design interpretation questions from the Client during construction. Task 3. 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 4. Provide periodic field observation during construction to review the work 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 5. 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 6. Participate in a field observation of the completed project with the Client and review staff before final acceptance. Task 7. 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 Client showing those changes made during construction considered significant. Page 151 of 196 AECOM III. COMPENSATION Page 2 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 Two Thousand Four Hundred Dollars ($2,400.00) 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 21, 2016. 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 September 26, 2017 Douglas W. Schindel, P.E. Associate Vice President CITY OF WATERLOO, IOWA By Date Quentin Hart Mayor O:Wdministration\AGREE\SUPPLE\SA1 Wat Bus Stop Locations ADA Des Ph I.doc Page 152 of 196 CITY OF WATERLOO Council Communication Resolution approving a Temporary Construction Easement Agreement with Hy -Vee, Inc., for property located at 4000 University Avenue, in relation to the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 9/27/2017 - 3:56 PM Clerk Office Even, LeAnn Approved 9/27/2017 - 4:04 PM ATTACHMENTS: Description Type D Temporary Construction Agreement Backup Material SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving a Temporary Construction Easement Agreement with Hy -Vee, Inc., for property located at 4000 University Avenue, in relation to the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer This will provide temporary access for delivery trucks especially large semi's during the reconstruction of Progress Avenue. Approximately $5,000.00 Source of Funds: Local Option Sales Tax Funds Page 153 of 196 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is entered into this September 26, 2017, by and between HY-VEE, INC., an Iowa corporation (f/k/a Hy -Vee Food Stores, Inc.) ("Grantor"), and CITY OF WATERLOO, IOWA, an Iowa municipal corporation ("Grantee"), WITNES SETH: WHEREAS, Grantee desires to obtain a temporary easement from Grantor, for the purpose of the repair and reconstruction of a portion of Grantor's parking lot and parking lot islands pursuant to plans and specifications which must be mutually approved in writing by Grantor and Grantee, in connection with a project to be undertaken by Grantee to improve Progress Ave adjacent to Grantor's property at 4000 University Ave, Waterloo, Iowa (the "Easement Purpose"); and WHEREAS, Grantor has agreed to grant a temporary construction easement to Grantee upon Grantor's property in the area visually depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, Grantor desires to grant a temporary easement over the Easement Area as set forth herein. NOW, THEREFORE, in consideration of One Dollar, the work to be done by Grantee upon the Easement Area, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals are incorporated herein by this reference. 2. Subject to the terms set forth in this Agreement, Grantor hereby grants to Grantee, its agents, representatives, and contractors, a temporary construction easement over the Easement Area for the Easement Purpose, as defined herein. This easement shall automatically terminate on the earlier to occur of (a) the completion of the Easement Purpose, as defined herein, and the restoration of Grantor's property to its condition prior to the commencement of construction, or (b) October 31, 2018 ("Expiration Date"). 3. Subject to teens of this Agreement, Grantor shall not interfere or disturb Grantee's construction in furtherance of the Easement Purpose within the Easement Area without written approval of the Grantee or its authorized Representatives. 4. Intentionally omitted. 5. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or its representatives, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor, its employees, agents and representatives harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantee or its employees, agents, contractors and/or representatives. 1 Page 154 of 196 6. Following completion of Grantee's work in the Easement Area, Grantee shall restore the Easement Area to its condition prior to the commencement of construction work. 7. This Agreement shall not be recorded by Grantee. 8. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the definitions and the context. 9. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. For purposes of executing this Agreement, a facsimile signature shall be as effective as an actual signature. 11. This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Iowa. [SIGNATURES ON FOLLOWING PAGES] Page 155 of 196 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date first above written. GRANTOR: HY-VEE, INC., an Iowa corporation By: O� y arkey, Vice President By: _ f��' 1A -N Nathan Allen, Assistant Secretary Signature Date: GRANTEE: CITY OF WATERLOO, IOWA By: , Mayor By: , City Clerk Signature Date: 3 Page 156 of 196 - EXHIBIT "A" Visual Depiction of Easement Area 1I 4 21 FEET SAW CUT 2 FROM BACK OF CURB. TYPICAL A'y PROTECT EXISTING TREES TO FEET DETAIL A REMOVAL NOTES: 1 REMOVE EXISTING CURB AND GUTTER. 2 REMOVE EXISTING TOPSOIL. 6' 3 REMOVE 1T x SOIL AND PLACE CRUSHED ROCK. REPLACEMENT NOTES. 1 REPLACE CURB AND GUTTER. 2. REPLACE 6• TOPSOIL. 3 HYDROSEED DISTURBED AREAS. STOCVP'.LE TOPSOIL 20 Fed v SHEET Page 157 of 196 CITY OF WATERLOO Council Communication An Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Traffic Operations ATTACHMENTS: Description ❑ Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Background Information: Reviewer Even, LeAnn Action Approved Type Backup Material Date 9/27/2017 - 1:07 PM Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety subsection (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue. 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 Adopt Ordinance Ansborough Avenue changes from a thru street from Rainbow Drive to the corporate city limits to from Rainbow Drive to Shaulis Road. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Ansborough Avenue is a primary thru street. Page 158 of 196 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (6) ANSBOROUGH AVE., TO SECTION 543 THRU STREETS BY ADDING A NEW SUBSECTION (6) ANSBOROUGH AVE. TO SECTION 543, THRU STREET, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (6) Ansborough Ave. is hereby deleted in its entirety, and a new subsection (6) Ansborough Ave. is inserted in lieu thereof to Section 543 Thru Streets, of the 2008 Traffic Code, as follows: (6) Ansborough Ave. South corporate limits to Rainbow Drive, except for All -Way Stop Intersection at Shaulis Road; except For signals at San Marnan Drive, Ridgeway Avenue, West Fourth Street, Martin Road, Sergeant Road; Home Park Blvd., Black Hawk Road, Downing Avenue, University Avenue, Falls Avenue, Stratford Avenue, Maynard Avenue, and Highway 218 ramps (Ord. #3241, 9/7/82; Ord. #4201, 10/21/96; 2000 Rev.) PASSED AND ADOPTED by the City Council this day of October, 2017, and approved by the Mayor this day of October, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 159 of 196 CITY OF WATERLOO Council Communication An Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersectionsby adding Subsection (36) Shaulis Road and Ansborough Avenue. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 9/27/2017 - 1:07 PM ATTACHMENTS: Description Type ❑ Ordinance Backup Material SUBJECT: Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue. 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: Policy Issue: A traffic study was conducted at the above mentioned intersection. Traffic conditions, crash history, pedestrians, bicyclists, and physical characteristics of the intersection were looked at. 4 -way Stops will improve safety & efficiency. Strategy2.2 - Enlist all City departments and staff members in efforts to promote a safer community. Strategy 4.5 - Maintain and develop community services and city facilities that support quality of place. Background Information: Shauis Road was made a thru street from Hwy 63 to Hwy 218. Page 160 of 196 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (36) SHAULIS ROAD AND ANSBOROUGH AVENUE TO SECTION 544, ALL -WAY STOP INTERSECTIONS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (36) Shaulis Road and Ansborough Avenue is hereby added to Section 544, All - Way Stop Intersections, of the 2008 Traffic Code, as follows: (36) Shaulis Road and Ansborough Avenue. PASSED AND ADOPTED by the City Council this day of October, 2017, and approved by the Mayor this day of October, 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 161 of 196 CITY OF WATERLOO Council Communication Motion authorizing additional work on East 5th Street Parking Garage Repairs Project. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Reviewer Planning & Zoning Felchle, Kelley Action Approved ATTACHMENTS: Description Type D Additional Work Order Backup Material Submitted by: Recommended Action: Summary Statement: Expenditure Required: Policy Issue: Date 9/26/2017 - 6:37 PM Submitted By: Noel Anderson, Community Planning & Development Director Approve additional work. With repairs well underway, anticipated quantities to finish the project have been tabulated. The quantities show some growth to the overhead/curb repairs but also include additional repairs to the ramp driving surface. The ramp delaminations were known prebid but were not included in the plans to keep the project within the initial budget and because other repairs took precedent. It is the recommendation ofAECOM, however, that the City complete these repairs now while the ramp is closed to traffic. Traffic staging on this ramp is not easy due to the layout of the ramps. Completing this work now would eliminate future disruption and would not extend December completion date. Not to exceed $75,000. Strategy 1.7: Seek ways to create a "live, learn, work, and play" environment with amenities that attract and retain population in Waterloo --- as the ramps serve Downtown Waterloo businesses, visitors, and residents. Strategy 4.5: Maintain and develop community services and facilities that support quality of place ---- as the ramps are indicative of the City's ability to maintain and support its infrastructure, buildings, and a positive image. Page 162 of 196 September 13, 2017 The Honorable Quentin Hart, Mayor and City Council Members City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: "Authorization of Additional Work" East 5th Street Parking Garage Repairs Dear Mayor and Council: As you know, the East 5th Street Parking Garage has been closed for the past couple months for repairs. The project focus has been primarily items that pose structural/safety concerns to ramp users. These include repairing deteriorated overhead concrete, repairing structural ramp curbs/columns, and replacing failing expansion joints. The timeframe to complete repairs was originally June 15, 2018 and utilized staged construction with partial to full ramp closure. Change Order #1 allows the contractor to fully close the structure during construction but requires repairs to be completed by December 4, 2017, well ahead of the June completion date. With repairs well underway, anticipated quantities to finish the project have been tabulated. The quantities show some growth to the overhead/curb repairs but also include additional repairs to the ramp driving surface. The ramp delaminations were known prebid but were not included in the plans to keep the project within the initial budget and because other repairs took precedent. It is the recommendation of AECOM, however, that the City complete these repairs now while the ramp is closed to traffic. Traffic staging on this ramp is not easy due to the layout of the ramps. Completing this work now would eliminate future disruption and would not extend December completion date. item No. Item Unit Unit Price Contract additional Requested Quantity Cost Quantity Cost 5 Patch, Partial Depth Finish, B Area SF 5 49.00 813 5 39.337.00 877 $ 42,973,00 6 Concrete Re• airs. Formed SF S 80.00 1095 S 57,540.00 518 S 41,440.00 7 (Concrete Repairs, Troweled SF S 91.00 274 S 24,93400 -254 S (23,114,00i 12 Surface Coating • Wall SF S 2.05 1900 S 3,895.00 361 S 740.05 I 5 156,506,00 5 62,039.05 Page 163 of 196 Notes: Item 5 includes ramp and top of slab driving surfaces Item 6 includes larger overhead and curb repairs Item 7 includes smaller overhead and curb repairs Item 12 is surface coating to blend in and hide patches It is my opinion that we should proceed with the recommendation of the Project Engineer and proceed to repairing these additional areas during this ramp closure. There are enough bond funds to cover any additional costs. I would like to request from the Council "Authorization for Additional Work" with a cost not to exceed $75,000. We would then, based upon actual quantities needed, provide a Change Order for these costs at a later date. I would like to place this on the September 25, 2017 Council Agenda for your approval. Sincerely, Mark A. Boesen Manager of Rehabilitation Services/Building Maintenance MAB:mb cc: Noel Anderson, Community Planning and Development Director Michelle Weidner, Chief Financial Officer Page 164 of 196 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 2 for a net increase of $141,714 for the FY 2017 CIP Pipelining Phase IIIA, Contract No. 919, and to extend completion date to December 22, 2017, and authorize the Mayor to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/27/2017 REVIEWERS: Department Waste Management Clerk Office ATTACHMENTS: Description a CIPP III letter CO 2 Ca CIPP III CO2 Submitted by: Recommended Action: Summary Statement: Source of Funds: Reviewer Hoambrecker, Steven Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 9/27/2017 - 10:21 AM 9/27/2017 - 10:37 AM Submitted By: Steve Hoambrecker, Director Waste Management Services Motion approving Change Order No. 2 for a net increase of $141,714.00 for the FY 2017 CIP Pipelining Phase IIIA, Contract No. 919, and extend completion date to December 22, 2017. Additional pipe lining is needed for an area that is poor quality and has excessive leaking. Final contract total is $1,593.409.50. SRF Page 165 of 196 September 27, 2017 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director Council Memo, CIPP IIIA, Change Order #2 Previously CO#1 was approved resulting in a net deduct of ($13,938.50), eliminating lining some pipe, adding some pipe to line and revising some manhole work. Proposed CO#2 would add lining additional pipe $128,396 and adjusting some quantities of work performed $13,318, totaling $141,714. The proposed pipe to be lined was recently televised and determined to be in poor quality and excessively leaking. FYI, it is bordering a retention pond (Brookeridge Dr) creating a high ground water table enabling the excessive observed leakage. This is an SRF funded project and the proposed pipe is in SA 19 and eligible to be added to the project. To accommodate the increase work, the project completion date has also been extended 8 weeks until December 22, 2017. The original contract price was $1,465,634. With the deduct from CO#1 and the increase in CO#2, the net project increase would be $127,774.50. The revised contract price would be $1,593,409.50 or an 8.7% total project increase. It is recommended that this work be added and that CO#2 be accepted at this time due in part that we were able to use contract bid prices and those prices would likely increase if added to the next project. Page 166 of 196 .4ECOM October 2, 2017 Mr. Steven Hoambrecker, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2017 CIP Pipelining Phase IIIA Change Order No. 2 City of Waterloo, Iowa City Contract No. 919 AECOM #60504645 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Dear Mr. Hoambrecker: Attached is Change Order No. 2 for the FY 2017 CIP Pipelining Phase IIIA project. This change order includes the following items: 319-232-6531 tel 319-232-0271 fax 1. ADD TOTAL - $128,396.00 — Drawing 39 — City staff discovered an area of high infiltration along Crestline Avenue, Fairlane Avenue, South Brooke Drive and Brookeridge Drive in Service Area 19. The lines under Brookeridge Drive are 18 -inch the others are all 8 -inch. This is a target area within the Dry Run Creek corridor. The groundwater table is high in this area due to the sedimentation pond between Brookeridge Drive and South Brooke Drive. These segments are typically submerged and result in significant clear water infiltration. The 18 -inch line carries a significant flow as it is the outlet pipe for the Tower Park Lift Station. Therefore the contractor will be required to bypass these segments in order to install the Brookeridge Drive CIPP liner. This work includes cleaning, pre -televising, CIPP lining, post -televising and bypass pumping. 2. ADD TOTAL - $13,318 — Miscellaneous CIPP Work — The contractor is requesting this addition to account for mobilization, bypass pumping and labor and overhead costs due to the deduction of 274 -feet of 36 -inch CIPP included in Change Order No. 1. There are not separate bid items for mobilization, bypass pumping and labor and overhead. These incidental tasks are part of the Contractors means and methods of construction and are lump sums spread across these CIPP individual bid items. This method of bidding is typical of CIPP construction projects. The CIPP lining bid items are paid by the lineal foot. Therefore, by reducing the 36 -inch CIPP project quantity, the contractor lost the ability to recover these incidental costs for installing the 36 -inch CIPP in their entirety. The 36 -inch CIPP deduction was no fault of the contractor. The 36 -inch segment was removed due to a design scoring or data error. Therefore City Staff believes it's fair to reimburse the Contractor for these costs. The following is the explanation for these incidental costs; a. Mobilization: Municipal Pipe and Tool (MPT) has one lining crew that specializes in CIPP larger than 24". MPT had $15,000 included in the 36" CIPP LF price to mobilize their large diameter equipment and personnel. With the original footage of 766', this comes out to $19.50/LF for mobilization. The mobilization costs are the same for the original 766' versus the 492'. MPT requests $5,343 to cover mobilization. b. Bypass: MPT had $40,000 included in the 36" CIPP LF price for bypass. This comes out to $52/LF for bypass. There are some bypass costs that will not be incurred, such as fuel consumption and one bypass setup/teardown. Delivery of the bypass equipment stays the same regardless of the footage installed. Rental of a telehandler is still required to move around the bypass discharge pipes. MPT had planned on using the bypass for two full weeks. They are now only going to use the bypass for 9-10 days. However, MPT will still have to pay for the full two weeks as the equipment is rented on a weekly basis. MPT requests $2,975 to cover these costs. Page 167 of 196 AECOM Mr. Steven Hoambrecker, PE FY 2017 CIP Pipelining Phase IIIA, Change Order #2 October 2, 2017 c. Labor/Overhead: MPT had $56,000 in LF price for labor and overhead. This comes out to $33,000 for the 451 -foot line, $3,200 for the 44 -foot line, and $20,000 for the 274 -foot line. Equipment setup & teardown are the same regardless of the length of the liner. The times to cut the ends of the liner are the same. Install and cure time are reduced slightly with shorter lines. MPT had labor and overhead rates spread out across the original quantity of the bid item. MPT requests $5,000 to cover this cost. MPT is requesting additional contract time to order and install the additional CIPP liner described above. They have requested adding five weeks to account for the production and delivery of the liner and three weeks for the additional work. AECOM has reviewed the work described in this change order. We recommend that the City of Waterloo approve Change Order No. 2 for the project addition of $141,714.00 and the revised completion date of December 22, 2017. This change order is an overall contract addition of 9.67% and adjusts the contract to the amount of $1,593,409.50. Yours sincerely, Christopher G. Oelkers, P.E. Enclosure: Change Order No. 2 Signature Form Change Order No. 2 Tabulations Drawing 39 — Service Area 19 Change Order No. 2 Request Email Change Order No. 2 Time Extension Request Email P:\60543369\600_Construction_Support\01-PH IIIA\670_Change-Orders\CO NO 2\20171002 Wat CIPP PH IIIA - Change Order No 2 LTR.docx Page 168 of 196 CHANGE ORDER NO. 2 Owner: City of Waterloo Date: October 2, 2017 Project: FY 2017 CIP Pipelining, Phase IIIA Owner's Contract No.: 919 Contractor: Municipal Pipe Tool Co., LLC Date of Contract Start: March 6, 2017 $ Original Contract: $1,465,634.00 You are directed to make the following changes in the Contract Documents. Description: 1. ADD — 8" and 18" CIPP DWG 39 Add $128,396.00 2. ADD—Miscellaneous CIPP Work Add $13,318.00 NET ADD S141,714.00 Reason for Change Order: 1. See Change Order No. 1 Letter. CONTRACT PRICE Original: $ 1,465,634.00 Original: Previous C.O.s (ADD/DEDUCT): $ (13,938.50) Previous C.O.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 141,714.00 This C.O. (ADD/DEDUCT): Contract Price With All Approved Change Orders: $ 1,593,409.50 REVISED: Original Completion Date: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion October 27, 2017 December 22, 2017 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: October 2, 2017 City of Waterloo (Authorized Signature) Date: ACCEPTED: By: Ck.A.01/1 (ba a C2 — October 2, 2017 Municipal Pipe Tool Co., LLC (Authorized Signature) Date: AECOM 60543369 2 Page 1 of 1 P:\60543369\600 Construction Support\01-PH IPA \670Change-Orders \CO NO 2\20171002 WAT CIPP PH IIIA Change Order No 2 FORM.doc Project No. Change Order No. Page 169 of 196 Oh Page 170 of 196 ( 888 88 PP 8 P \} 8 . 22 CI \�»} \} 9 J( 8§»V `c8 8 } 8 j § . 88 t4 88 a'i 88 < . a a'i j ©ƒ 88 88 8 ( j! 88 j a It!' <2/\/ < S/\/ Page 170 of 196 Change Order No. 2 Item No. 1 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Monday, October 02, 2017 Original Contract A=COM Bid Item 1 4 8 11 15 18 22 24 26 27 36 Description 8 CIPP 18 CIPP PT -8 PT -18 PC -8 PC -18 RM 8-10 RM 18-24 LAT LAT GR MISC CIPP Unit LF LF LF LF LF LF LF LF EA EA LS Quantity 12,740 281 25,480 562 12,740 281 1,154 98 368 368 0 Bid Price S 23.50 $ 56.50 $ 0.50 $ 0.50 $ 1.00 $ 1.00 $ 2.50 $ 6.00 $ 75.00 $ 245.00 $ - BI Total S 299,390.00 $ 15,876.50 $12,740.00 $ 281.00 $12,740.00 $ 281.00 $2,885.00 $ 588.00 $27,600.00 $90,160.00 $ - Contract Total $ 1,465,634.00 CO NO. 1 - Contract Total $ 1,451,695.50 Change Order No. 2 Bid Item 1 4 8 11 15 18 22 24 26 27 36 Description 8 CIPP 18 CIPP PT -8 PT -18 PC -8 PC -18 RM 8-10 RM 18-24 LAT LAT GR MISC CIPP CIPP WORK DEDUCT DWG UP MH DN MH CIPP WORK ADDITION DWG UP MH DN MH SA 19 39 2,053 955 4106 1910 2053 955 154 72 48 48 $ 4,000.00 Mobilization Bypass Labor/Overhead MH WORK DEDUCT DWG MH MH WORK ADDITION DWG MH BID ITEM QUANTITY CHANGE 2,053 955 4,106 1,910 2,053 955 154 72 48 48 $ 4,000.00 PREVIOUS QUANTITIES 12,740 0 25,4800 12,740 0 1,154 98 372 358 $ - REVISED QUANTITIES 14,793 955 29,586 1,910 14,793 955 1,308 170 420 406 $ 4,000.00 BID ITEM COST CHANGE $ 48,245.50 $ 53,957.50 $ 2,053.00 $ 955.00 $ 2,053.00 $ 955.00 $ 385.00 $ 432.00 $ 3,600.00 $11,760.00 $ 4,000.00 REVISED BI TOTAL $ 347,635.50 $ 53,957.50 $14,793.00 $ 955.00 $14,793.00 $ 955.00 $3,270.00 $ 1,020.00 $31,500.00 $99,470.00 $ 4,000.00 CO NO. 2 - Contract Total $ 1,580,091.50 CO NO. 2 TOTAL $ 128,396.00 Project Contract Adjustment 8.76% Page 171 of 196 Change Order No. 2 Item No. 2 FY 2017 CIP Pipelining Phase IIIA City of Waterloo City Contract No. 919 AECOM Project No: 60504645 Monday, October 02, 2017 Original Contract Bid Item 1 36 Description 8 CIPP MISC CIPP Unit LF LS Quantity 12,740 0 Bid Price $ 23.50 $ - BI Total $ 299,390.00 $ - Contract Total $ 1,465,634.00 CO NO. 1 - Contract Total $ 1,451,695.50 Change Order No. 2 Bid Item 36 Description MISC CIPP CIPP WORK DEDUCT DWG UP MH DN MH CIPP WORK ADDITION DWG UP MH DN MH Mobilization $ 5,343.00 Bypass $ 2,975.00 Labor/Overhead $ 5,000.00 MH WORK DEDUCT DWG MH MH WORK ADDITION DWG MH BID ITEM QUANTITY CHANGE $13,318.00 PREVIOUS QUANTITIES $ - REVISED QUANTITIES $13,318.00 BID ITEM COST CHANGE $13,318.00 REVISED BI TOTAL $13,318.00 CO NO. 2 - Contract Total $ 1,465,013.50 CO NO. 2 TOTAL $ 13,318.00 Project Contract Adjustment 0.91% AXOM Page 172 of 196 0 LAND 3a LI /0 /50 31 003 ELACI 093 Z 'ON d3000 30 H0 LAD S. AO 00E.. aeons maw•=xs ms WOJ_ V 61 V3EIV 39IA 3S - III 3SVHd Of 'ON 1:]VHIND:1 All 00°Id31VM 30 AILD VIII 35VHd 9N1N113d1d dig LIOZ A3 7 \ / \ , // /N -/ oea�'f /\ ,4 cm co co" / , —� \ [+'J coo.Lacq / x'r• sl® \.O CO • I 1 ov, 7V1d \9V111A, co . \ �n con O k tor, Loco 7 1 13dV43' O N MLT) O • 44. / 7 • CD co Ms)co "4N3ma o 7.0 Ln I— O CO, W u) �sO coil) C2) 0 cr N.orODOM d O01:1 � Ln k m (o O \ —0 O LO Ln N N O N L iN O N Zr— N LO '-r• Ln 9 O N CO Lf) o� ti. ON O V O N •3A o N M31A IH ,— •3Ad N 1NOIN30O3 ENS' ---fji --0 OrsiN From: Derek Oltmann <DerekO@munipipe.com> Sent: Friday, September 22, 2017 2:49 PM To: Oelkers, Christopher G. Subject: Waterloo Change Order Chris, Here is a description of the costs MPT incurred with the deletion of the 274' of 36" CIPP. 1. Mobilization: MPT has 1 lining crew that specializes in CIPP larger than 24". We had $15,000 figured into the 36" LF price to mobilize our large diameter equipment and personnel. With the original footage of 766', this comes out to $19.50/LF for mobilization. Our mobilization costs are the same for the original 766' versus the 492'. MPT requests $5343 to cover mobilization. 2. Bypass: We had $40,000 figured into the 36" LF price for bypass. This comes out to $52/LF for bypass. There are some bypass costs that will not be incurred, such as fuel consumption and 1 bypass setup/teardown. Delivery of the bypass equipment stays the same regardless of the footage installed. Rental of a telehandler is still required to move around the bypass discharge pipes. We had planned on using the bypass for a solid two weeks, however we now are only going to use the bypass for 9-10 days. We will still have to pay for the full two weeks. MPT requests $2,975 to cover these costs. 3. Labor/Overhead: We had $56,000 in LF price for labor and overhead. This comes out to $33,000 for the 451' line, $3,200 for the 44' line, and $20,000 for the 274' line. Equipment setup & teardown are the same regardless of the length of the liner, and the time to cut the ends of the liner are the same. Install and cure time are reduced slightly with shorter lines. We had out labor and overhead rates spread out over 766', knowing that on the 44' install we would lose money, however make it up on the longer installs. With the deletion of the 274', we will not be able to make up that money. MPT requests $5,000 to cover this cost. Also, I looked at the 18" lines on Brookeridge Drive. There appears to be a significant amount of flow in these lines. The pipe is 30%-40% full, and the water is moving quickly. If the lift station cannot hold enough water to allow us 16 hours of work, MPT requests an additional $4,000 for bypass. Please let me know if you have any questions. Thanks, Derek Oltmann Project Manager Municipal Pipe Tool Company LLC 319-988-4205 ph 319-988-3506 fax 1 Page 174 of 196 From: Derek Oltmann <DerekO@munipipe.com> Sent: Monday, September 25, 2017 6:55 AM To: Oelkers, Christopher G. Subject: Waterloo contract time extension Chris, MPT request the completion date for the Waterloo lining project be extended to December 22nd, 2017. The 18" lines that are being added to the contract will have to be ordered, this is about a 5 week lead time. Prior to ordering the liner material, MPT will have to mobilize a prep crew to Waterloo to clean, televise, and verify diameter. Thanks, Derek Oltmann Project Manager Municipal Pipe Tool Company LLC 319-988-4205 ph 319-988-3506 fax 1 Page 175 of 196 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net increase of $16,000 for the No. 6 Digester Roof Rehabilitation Project, Contract No. 939, extend the completion date to October 14, 2017, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 10/2/2017 Prepared: 9/28/2017 REVIEWERS: Department Reviewer Action Date Waste Management Rath, Brian Approved 9/28/2017 - 3:00 PM Clerk Office Even, LeAnn Rejected 9/28/2017 - 3:53 PM Waste Management Even, LeAnn Rejected 9/28/2017 - 3:53 PM Waste Management Russell, Evelyn Approved 9/28/2017 - 4:02 PM Waste Management Rath, Brian Approved 9/28/2017 - 4:07 PM Clerk Office Even, LeAnn Approved 9/28/2017 - 4:28 PM ATTACHMENTS: Description Type D No 6 digester repair change order no. 1 Cover Memo Submitted by: Recommended Action: Source of Funds: Submitted By: Brian Rath, Operation Supervisor ,Waste Management Services Motion approving Change Order No. 1 for a net increase of $16,000 for the No. 6 Digester Roof Rehabilitation Project, Contract No. 939 and to extend the completion date until October 14, 2017 Sewer Page 176 of 196 SOUTI FERN MINNESOTA URETI-IANES, LLC Spray Applied Foam and Protective Coatings Commercial - Industrial - Agricultural Steven Popplewell, Owner 9024 Loomis Road Caledonia, MN 55921-2776 Phone (507) 896-5000 • Fax (507) 894-4403 • Email: somnur@acegroup.cc PROPOSAL PROPOSAL SUBMITTED TO: Attn: Brian Rath City of Waterloo, Iowa Waste Management Service 3505 Easton Ave. Waterloo, IA 50702 Phone: (319) 291-4553 Fax: (319) 291-4523 DATE: September 28, 2017 Page 1 of 1 JOB NAME: No. 6 Digester Roof Rehabilitation Project, Contract No. 939 JOB LOCATION: Waterloo, IA We propose to furnish materials, labor, and equipment necessary to install vapor barrier to annular seal. 1. Prep area as needed. 2. Install sand to proper depth. 3. Install backer rod to area. 4. Install two layers, one inch thick each to annular seal area. Using BASF SL2 Urethane sealant. 5. One additional set up charge. We propose to furnish materials and labor - complete and in accordance with the above specifications - for the sum of: $ 16,000.00 All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specification submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Authorized I r Signature II Note: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Authorized Signature: Authorized Signature: Page 177 of 196 / CHANGE ORDER NO. / Owner C -L i y 0/2- � i ii0 Date OCT rad c2-0/ 9 Project i O . (n 7)16-57.44.— / 00 mei 1 ri-$4.1✓d 1,40,176-0-1 t ,vi ,¢Gr / • pJ''9 Owner's Contract No. q, 9 Contractor .5"-oalheivv. eldivAlehatta k, th a st Date of Contract Start Qf./j $ Vol / # Co D1LA,- , You are directed to make the following changes in the Contract Documents. Description: 1 t .7d`' Diq/FNh /19-/2 6 IN 5 f- '-'- (// 46. it --S r""i c -/e._ Reason for Change Order: 1./1r7Lo 06 in /A.o glia✓c .7L g F/,) rr CONTRACT PRICE To substantial completion CONTRACT TIMES (Calendar Days) To final completion Original: $ 42000 Original Completion Date: 00 ` 7 z t1 1 7 (010°0." Previous C.O.'s (ADD/DEDUCT): $ ( Y 1 0 ° 0. ° 0 This C.O. (ADD/DEDUCT): Previous C.O.'s (ADD/DEDUCT): $ This C.O. (ADD/DEDUCT): Contract Price with all-QQ REVISED: approved Change tiers: / $_ 5& Od0 00 7,V/ 7 Revised Completion Date: ®C7 r/ c/ 26/7 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: By: — ;1 .1°4 OWN!: (Authori.cc Signature) Date ACCEPTF I ); c) ACTOR (Authorized gi .cure By: 02.c ole Date Project Change Number Order No. CO -1 NO. 6 DIGESTER ROOF REHABILITION PROJECT Page 178 of 196 September 28, 2017 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 Council Memo, Change Order #1 on No. 6 Digester Roof Rehabilitation Project, Contract No. 939 Proposed Change Order #1 is to repair #6 digester annular seal. The annular seal is leaking gases and moisture. If the moisture is not stopped the contractor Southern Minnesota Urethanes, LLC with BASF the spray polyurethane foam (SPF) company will not back the Non -prorated system ten (10) year warrantee for spray polyurethane foam (SPF), top coatings and labor from roof insulation failure. The moisture from the annular seal will cause the primer to fail and then rusting will accrue on the digester metal roof causing the SPF not to adhere. The contract bid for this project is $42,000.00 for removing all old roof digester SPF, preparing a clean digester metal roof surface, primer the metal roof surface, the SPF, and sealing or coating the SPF surface. Change Order #1 will seal the annular seal area, creating a vapor barrier so moisture will not get under the SPF. The contractor will remove some of the sand in the annular seal area, as it is wet; clean/prepare the side surfaces in the annular space, concrete on one side and metal on the other side of the annular space; add dry sand if needed; install backer rod; then pour MasterSeal 5L2 a Multi-component self -leveling polyurethane sealant to top/even with concrete wall. Contract estimate was $65,000.00. Change Order #1 at a cost of $16,000.00. Total cost for the project is $42,000.00 + $16,000.00 = $58,000.00 Recommend City Council approval of Change Order #1 to receive a long lasting roof product, to complete the project in a timely manner and to receive the Non -prorated system ten (10) year warrantee for spray polyurethane foam (SPF), top coatings and labor. Sincerely, Brian R Rath Operations Supervisor CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 179 of 196 CITY OF WATERLOO Council Communication Certified List for the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 9/26/2017 - 11:14 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:58 AM ATTACHMENTS: Description SUBJECT: Submitted by: Type Certified List for the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. Submitted By: Page 180 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Fire Lieutenant for the City of Waterloo, Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next three years (September 22, 2017 — September 21, 2020). Respectfully submitted, CERTIFIED LIST Charles Donohue David Jensson Michael Dufel Ian Wass Sean Schott Brock Weliver Michael Schipper Michael Spence Jason Hernandez Garrett Gingrich Matthew Carter Jerry Bjerke Marc Mahood Robert Hennessy 6/:* Barry kins Date Ethel Tashingtoi CS LIST FIRE LIEUTENANT 17 �Lowe Caldwel Date CITY WEBSITE: www.cityofwaterlooiowa.com Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 181 of 196 CITY OF WATERLOO Council Communication Certified List for the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 9/26/2017 - 11:15 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:58 AM ATTACHMENTS: Description SUBJECT: Submitted by: Type Certified List for the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department, as certified by the Civil Service Commission on September 22, 2017. Submitted By: Page 182 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Fire Captain for the City of Waterloo, Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next three years (September 22, 2017 — September 21, 2020). Respectfully submitted, CERTIFIED LIST Kevin Lee Anthony McGrane oVa -•/1 7 Bariy4L skins Date Ethel Washington CS LIST FIRE CAPTAIN 17 Lovie Caldwell' Da e CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 183 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil Service Commission certify a promotional list of two for Fire Captain — Fire Rescue Quentin Hart, Mayor Pat Treloar Chief of Fire Services CITY WEBSITE: www.cityofwaterlooiowa.corn WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 184 of 196 CITY OF WATERLOO Council Communication Certified List for the position of Instrumentation Control Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 9/26/2017 - 11:16 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:59 AM ATTACHMENTS: Description SUBJECT: Submitted by: Type Certified List for the position of Instrumentation Control Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. Submitted By: Page 185 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Instrumentation Control Foreman for the City of Waterloo, Iowa Waste Management Services Department. This list shall be used to fill any vacancy in the Instrumentation Control Foreman classification for two years (September 22, 2017 — September 21, 2019) Respectfully submitted, CERTIFIED LIST John Hyman Steve Isenhower Kevin Kuenstling °/2— jl l Date Lovie Caldwell Date Ethel Washingto Date CS LIST INSTRUMENTATION CONTROL FOREMAN 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 186 of 196 CITY OF WATERLOO Council Communication Certified List for the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 9/26/2017 - 11:35 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:59 AM ATTACHMENTS: Description SUBJECT: Submitted by: Type Certified List for the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on September 22, 2017. Submitted By: Page 187 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Plant Maintenance Mechanic for the City of Waterloo, lova Waste Management Services Department. Appointment(s) shall be made from this list for the next year (September 22, 2017 — September 21, 2018). Respectfully submitted, CERTIFIED LIST Scot Reuter Mackenzie Klendworth oy/)_,d/i7 Date Lovie Caldwell Date Ethel Was " ngtoDate CS LIST PLANT MAINTENANCE MECHANIC 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 188 of 196 CITY OF WATERLOO Council Communication Certified List for the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on September 22, 2017. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 9/26/2017 - 11:38 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:58 AM ATTACHMENTS: Description SUBJECT: Submitted by: Type Certified List for the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on September 22, 2017. Submitted By: Page 189 of 196 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 September 22, 2017 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts. Appointment(s) shall be made from this list for the next year (September 22, 2017 --- September 21, 2018). Respectfully submitted, Barry kips CERTIFIED LIST Camille Burkle Morgan Arenholz Cherie Kabba p?/j/'7 Date Lovie. Ca dwell Date Z-/7 Ethel Washington Date Cs LIST EVENTS COORDINATOR 17 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 190 of 196 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Peter Lilja, 24 hour Base Lieutenant, effective September 17, 2017 with recommendation of approval of payout of $7,723.30 for unused benefits. City Council Meeting: 10/2/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 9/26/2017 - 11:47 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 10:00 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Peter Lilja, 24 hour Base Lieutenant, effective September 17, 2017 with recommendation of approval of payout of $7,723.30 for unused benefits. Submitted by: Submitted By: Page 191 of 196 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: 9/20/2017 Effective Date: 9/17/2017 Employment Date: 9/18/1989 Job Title/Classification Pete Lilja-24 hr. Base Lieutenenat This is to report that the employment of with the City of Waterloo has been severed by reason of: Q Retired Disability Related El No ❑ Yes ❑ Resigned L] Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 205.15 $ 26.05 $ 5,344.16 Vacation -Current 0 $ 26.05 $ - Usable Sick Leave 0 $ - (x)75% $ - Frozen Sick Leave 0 (x) 60% $ - Personal Hours 34.19 $ 25.53 $ 872.87 Comp Time Pay 43 $ 25.53 $ 1,097.79 Unscheduled Leave $ - Holiday 16 $ 25.53 $ 408.48 Total Payment $ 7,723.30 Approved by Human Resources Date fv G Date "l ?)\ Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status ❑-9 Sent over 092117 Page 192 of 196 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes of August 22, 2017. City Council Meeting: 10/2/2017 Prepared: 9/26/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 9/27/2017 - 7:19 AM Clerk Office Higby, Nancy Approved 9/27/2017 - 9:57 AM ATTACHMENTS: Description Type D Airport Board Meeting Minutes August 22,2017 Cover Memo SUBJECT: Airport Board Meeting Minutes of August 22, 2017. Submitted by: Submitted By:Keith Kaspari, Director of Aviation Page 193 of 196 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, August 22, 2017 I. ROLL CALL Vice Chairperson, Steve Dust, called the meeting to order at 12:00 p.m. Board Members Present: Board Members Absent: City Officials Present: Airport Staff Present: Other Attendees: Steve Dust, Dr. Linda Allen, Chuck Needham, Arlene Humble Gwenne Berry. Hugh Field and Scott Voigt. Councilman Tom Lind and Councilman Steve Schmitt. Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. David Hughes and Doug Schindel, AECOM; Adrienne Miller, City Planning; Tim Newton, Livingston Aviation. IL AGENDA AS RECEIVED OR AMENDED and Moved by Allen, seconded by Berry, to approve the agenda. Ayes: 4. Motion carried. HI. PUBLIC COMMENTS None. IV. REPORTS A. Director's Report: Kaspari asked for questions on his written report. Hearing none, he stated that it has been a very busy month, getting ready for the Full -Scale Disaster Exercise. Also getting ready to start AIP construction and IDOT CSVI Projects. B. Planning & Development Report: Board reviewed the Planning and Grant Development report. Hangar 5 roof work is scheduled to begin on Monday (8128) and HVAC work on the GA Terminal has been started. Dust asked about the timing on Hangar 5, Hughes stated work is scheduled to be completed by the end of September. Notice to Proceed on Taxiway C should be received from FAA soon. C. Legislative Updates: Reviewed legislative updates from the American Association of Airport Executives. Kaspari stated that the House is only 12 votes short of passing the Air Traffic Control Privatization bill, which would be troublesome for local pilots. Newton stated that he is 100% opposed to the privatization, as it would be very detrimental to general aviation. Berry asked if an editorial in the Courier would help get the word out so people would contact their representative and encourage them to vote against the bill. Dust asked for Kaspari's recommended action. Kaspari stated that Board members need to advocate against this with legislators, also editorials or local news stories would be good ways to get the message out. 1 Page 194 of 196 D. Monthly Airport Reports: Board reviewed and discussed airline stats for July and year to date. Kaspari pointed out that enplanements have been slightly down but November and December are usually good months. Dust asked if construction would affect flights. Kaspari stated that the joint repair work has been pushed to spring, in order to keep it from affecting football charters and upcoming Honor Flights. Humble moved reports be received and placed on file, seconded by Needham. Ayes: 4. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of July 25 20„17Relar Meeting. Minutes of the July 25, 2017 meeting were reviewed. Humble moved approval of the minutes, seconded by Berry. Ayes: 4. Motion carried. B. Motion to Receive and File July 2017 Expenses. All operating and capital expenses were reviewed. Moved by Needham, seconded by Humble, that expenses be received and placed on file. Ayes: 4. Motion carried. VI. OLD BUSINESS A. Update: Volaire Aviation — Final Draft of True Market Study and Leakage Analysis. Board reviewed and discussed the True Market Study, a copy of which will be submitted to airlines considering EAS bids for Waterloo service. VII. NEW BUSINESS A. USDOT Invitation to EAS Air Carrier Community. Board reviewed the request for proposals from the USDOT. Dust asked if a public meeting would be held, as had been done in 2011. Humble asked if Delta might bid, as she had read that they are starting to look at servicing smaller communities again. Dust asked if there were any objections to communicating with Delta if see if there is interest, no objections. Dust directed Kaspari to reach out to his contacts with Delta. Schmitt asked if a committee could be put together to visit local major employers (i.e. John Deere, UNI) and see what it would take to get a commitment from them to fly out of ALO. Kaspari will work with Berry and Needham to discuss this possibility. B. Board Presentation: AECOM — Airfield Pavement Management Analysis. Hughes provided an overview of the DRAFT study AECOM recently completed. This information will be used to prioritize future pavement rehabilitation projects. Final draft is expected for the September meeting of the Airport Board. C. FAA Program: FY -2018 — Draft of Proposed Projects for Grant Application. Kaspari reviewed the draft of upcoming AlP projects (CIF). Final approval is pending discussion with. FAA officials during the 4 -States Aviation Conference. The final draft will be presented to the Board at the September meeting. 2 Page 195 of 196 D. IDOT Program: FY -2018 — Draft of Proposed Projects for Grant Application. Kaspari reviewed the draft of upcoming IDOT projects, including the need to replace carpeting in the Terminal (main floor, at least) in the near future, and stated that he needs to check with the IDOT Office of Aviation to see if this would be an approved project. Dr. Allen asked if finished concrete rather than carpet has ever been considered, and stated they are doing that in their new building. Kaspari would like to check Hawkeye's facility when construction on the campus is complete. VIII. STAFF AND BOARD MEMBER COMMENT Kaspari gave an overview of the scenario for tomorrow's (August 23, 2017) Triennial Full -Scale Disaster Exercise and stated that Board members should expect to receive formal notification from Staff, as they are included on the Airport notification call -tree. IX. ADJOURNMENT Hearing no objections, Dust adjourned the meeting at 1:16 p.m. Respectfully submitted, c(i Hugh M. 1 ]d, Chairperson 3 Page 196 of 196