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HomeMy WebLinkAboutCouncil Packet - 11/20/2017THE C I TY C O U N C I L O F THE C I TY O F WATE R LO O, I O WA, R E G U LA R S E SS I O N TO B E HE LD AT TH E HA R O LD E. G E TTY C O U N C I L C H A M B E R S M onday, November 20, 2017 5:30 PM CITY OF WATERLOO GOALS 1. S upport the creatio n o f new, livab le wage jo b s through a b alanc ed econo mic d evelopment ap p ro ach of as s is ting existing b us ines s es , fo s tering s tart-ups, attrac ting new emp lo yers and c ultivating an ad eq uate workfo rce. 2. Implement a C ommunity P o lic ing s trategy that creates a s afe enviro nment in Waterlo o . 3. R ed uc e the C ity's property tax levies thro ugh a respons ib le b alanc e of cost reductio n in C ity operatio ns and inc reas es in taxab le property valuations to ens ure that Waterloo is a c ompetitive, affo rd ab le, and livab le c ity. 4. Enhanc e the image o f Waterloo and the C ity to residents and bus ines s es inside and o uts id e of the c o mmunity. G eneral Rul es for P ubl i c P arti ci pati on 1. At the c hair/p res id er's disc retio n, yo u may ad d res s an item on the c urrent agend a by s tepping to the podium, and after rec o gnition by the chair/pres id er, s tate your name, ad d res s and gro up affiliation (if appropriate) and speak c learly into the mic ro p hone. 2. Yo u may s p eak o ne (1) time per item fo r a maximum of five (5) minutes as lo ng as you have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the C o uncil Meeting. If not regis tered with the C ity C lerk's offic e you may speak one (1) time p er item for a maximum o f three (3) minutes . 3. If there is a hearing sc heduled as part of an agend a item, the c hair/pres ider will allo w everyo ne who wis hes to ad d res s the c o uncil, us ing the s ame p artic ip ation guidelines found in thes e "general rules". 4. Altho ugh not required by c ity c ode o f ordinanc es , o ral presentations may be allo wed at the c hair/p res id er's (us ually the Mayor o r Mayor P ro Tem) dis c retio n. T he "o ral p res entations " sec tion of the agend a is your opportunity to ad d res s items no t o n the agend a. You may speak one (1) time fo r a maximum of five (5) minutes as lo ng as you have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the C o uncil Meeting. If not regis tered with the C ity C lerk's offic e a s peaker may speak to one (1) is s ue p er meeting for a maximum of three (3) minutes . O ffic ial actio n cannot be taken b y the C ounc il at that time, b ut may b e plac ed on a future agenda o r referred to the ap p ro p riate d ep artment. 5. Keep c o mments germane and refrain from p ers o nal, impertinent or s landerous remarks . 6. Q ues tions c o nc erning thes e rules o r any agend a item may be direc ted to the C lerk's O ffice at 291-4323. 7. C itizens are enc o uraged to regis ter with the C lerk's O ffic e by 4:00 p .m. on Mo nday of the d ay o f the C ity C ounc il meeting to ap p ear before the C ity C ounc il (may also register by p hone). R egistered speakers will b e given first priority. Page 1 of 216 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Bruce Jacobs, Ward 2 Council Member Agenda, as proposed or amended. Minute s of Nov embe r 13, 2017, Re gular Session, as propose d. ORAL P RES ENTAT I ONS I owa C ode 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. T he City of Waterloo encourages the public to participate during the Oral P resentations by f ollowing the rules listed on the f ront of the agenda. 1.Conse nt Agenda: (The fol lowing items will be acted upon by voice vote on a si ngle motion without separate discussion, unless someone from the counci l or publ ic requests that a speci fi c i tem be considered separately.) A.Resolution to approve the following: 1.Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2.Request from Main Street Waterloo to host their annual Winter Wonder'Loo celebration on Saturday, November 25, 2017 from 4:00 P.M. to 7:00 P.M. in Downtown Waterloo at Newton's Park and at the Black's Building, and request that Sycamore Street from Park Ave. to E. 4th Street be closed to traffic to accommodate the event. Submitted By: Joe Leibold, Captain of Police Services 3.Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as December 7, 2017 and date of public hearing as December 11, 2017, for the FY 2018 Mark's Park Resurfacing Project, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager 4.Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as November 30, 2017 and date of public hearing as December 4, 2017 for the purchase of one used John Deere 7330 Tractor and mowing attachments, and instruct City Clerk to publish notice of specifications, bid documents, etc. Submitted By: J B Bolger, Golf & Downtown Area Maintenance Manager 5.Resolution approving the request of Kristy Herbrandson for tax exemptions on Page 2 of 216 the construction a new single family home valued at $410,000 for property located at 1124 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director B.Motion to approve the following: 1.T RAV EL R EQ U ES T S a.Mohammad Elahi, Traffic Engine er Class/Meeting: MoboTrex, Inc. 2017 Davenport User's Group Destination: Davenport, IA Dates: December 13-14, 2017 Amount not to exceed: $225 b.Rudy Jones, Com munity Dev elopme nt Dire ctor Class/Meeting: 2018 Winter Legislative, Policy and Professional Developmental Meeting at the National Community Development Association Conference Destination: Washington, D.C. Dates: January 22-26, 2017 Amount not to exceed: $1,995 2.L I QUOR L I C ENS ES a.Courtyard by Marriott, 250 Westfield Ave nue Class: B Liquor w/Outdoor Service and Catering Privilege New Application Includes Sunday Expiration Date: 11/19/2018 b.Fareway Store s #951, 40 W. San Marnan Driv e Class: B Wine / C Beer / E Liquor Renewal Application Expiration Date: 11/15/2018 3.Recommendation of appointment of Laura Wolff, from the Civil Service list, to the position of C M OM Coordinator, at the Waste Managagement Department, effective November 21, 2017. Submitted By: Steven Hoambrecker, Director, Waste Managment Services 4.Recommendation of Cultural & Arts Director for the appointment of Cherie Kabba, from the Civil Service list, to the position of Events Coordinator, effective November 21, 2017. Submitted By: Kent Shankle, Cultural & Arts Director 5.Request from the Waste Management Director to appoint Allen Fecht from the Civil Service list to the position of Instrument Control Technician with an effective date of December 11, 2017. Submitted By: Steven Hoambrecker, Director, Waste Management Services 6.Recommendation of appointment of Ken Foss III to the position of Park Maintenance II Construction in the Leisure Services Department. Submitted By: Paul Huting, Leisure Services Director Page 3 of 216 7.Recommendation of appointment of Robert J. T hompson to the position of Park Maintenance II Forestry in the Leisure Services Department. Submitted By: Paul Huting, Leisure Services Director 8.Recommendation of appointment of Peter Steuben to the position of Golf Maintenance II in the Leisure Services Department. Submitted By: Paul Huting, Leisure Services Director PUBLI C HEARI N GS 2.Re quest by Standard Distribution Company, I nc. for a site plan amendme nt to the “M-2,P” Planned I ndustrial District, to allow for the construction of a 50,000 square foot industrial building, with a 26 acre lay down yard, located north of 3040 Lev ersee Road. Motion to receive and file proof of publication of notice of public hearing. H OL D HEARIN G - No Comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property located north of 3040 Leversee Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3.Sale and conv ey ance of city owned property locate d north of 3040 Lev ersee Road, in the amount of $1.00, to S D C Re al Estate, L LC, including a De v e lopment Agree me nt. Motion to receive and file proof of publication of notice of public hearing. H OL D HEARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located north of 3040 Leversee Road in the amount of $1.00, to S DC Real Estate, L LC, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with SDC Real Estate, LL C, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 4.Sale and conve yance of city owned property locate d ne ar Chalmers Drive and the Northeast corner of Ansborough Av enue and Upton Ave nue, in the amount of $15,001, to Village Cree k Re ntals, L LC, including a De v elopme nt Agre ement. Motion to receive and file proof of publication of notice of public hearing. H OL D HEARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property generally located along Chalmers Drive and the Northeast corner of Ansborough Avenue and Upton Avenue in the amount of $15,001, to Village Creek Rentals, LL C, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Village Creek Rentals, L LC, and authorizing the Mayor and City Clerk to execute said agreement. Page 4 of 216 Submitted By: Noel Anderson, Community Planning & Development Director 5.Flow Equalization Facility Ov erflow Connect to Sate llite WP F C, City Contract No. 880. Motion to receive and file proof of publication of notice of public hearing. H OL D HEARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Director of Waste Management Services. Submitted By: Steven Hoambrecker, Director, Waste Management Services R ES OLUTI ONS 6.Resolution approving contracts, bonds and certificates of insurance with Woodruff Construction, L L C of Waterloo, Iowa, for the Hangar No. 4 Rehabilitation Project at the Waterloo Regional Airport, via ID OT Project No. 9-I-180-AL O-200, and ID OT Contract No. 19559, in the amount of $65,522, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 7.Resolution approving award of bid to Vieth Construction Corporation of Cedar Falls, Iowa in the amount of $134,353, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the F Y 2018 Levee Tree Clearing Cedar River, Contract No. 938, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, P E, Associate Engineer 8.Resolution approving the rental of one additional motor grader in the amount of $26,800, for a period ending March 2018, from Murphy Tractor of Waterloo, Iowa. Submitted By: Sandie Greco, Interim Public Works Director 9.Resolution approving Project Funding Agreement between City of Waterloo and WD C for WDC to fund the costs of design of Streetscaping conceptual design along Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director ORDI NANCES 10.An Ordinance amending Ordinance No. 5079, as amended, City of Wate rloo Zoning Ordinance, by ame nding Section 10-3-1 Definition of Impound Yard and Re cycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Spe cial Permit Re gulations for Re cycling, Junk and Salvage Yards and othe r misce llane ous updates. Motion to receive, file and consider for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards and other miscellaneous updates. Page 5 of 216 Submitted By: Aric Schroeder, City Planner OTHE R COUNCI L BUS I N ES S 11.Motion to approv e Change Order No. 1 for a total incre ase of $9,658.62, to Wilson Custom Tre e of Cresco, Iow a, in conjunction with the 2017 Fall Stump Re moval Proje ct. Submitted By: Todd Derifield, City Forester A D JOU R NMENT M otion to adjourn. Kelley Felchle City Clerk MEE T I N GS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:05 p.m. Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLI C I NF ORM AT I ON 1.Certified List for the position of Instrumentation Control Technician for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on November 9, 2017. 2.Certified List for the position of Capacity Management Operations & Maintenance Coordinator for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on November 9, 2017. 3.Certified List for the position of Golf Maintenance II for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on November 9, 2017. 4.Certified List for the position of Park Maintenance II Construction for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on November 9, 2017. 5.Certified List for the position of Park Maintenance II Forestry for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on November 9, 2017. 6.Civil Service Commission Minutes for September 22, 2017. 7.Community Development Board Meeting Minutes of October 2017. Page 6 of 216 C ITY OF WATER LOO Council Communication Bruce Jacobs , Ward 2 C o uncil Member City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/13/2017 - 5:09 P M S ub mitted by:S ubmitted By: Page 7 of 216 C ITY OF WATER LOO Council Communication Minutes of Novemb er 13, 2017, R egular S es s ion, as proposed. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/13/2017 - 5:09 P M ATTA C H M EN TS : Description Type M inutes of 11/13/17 B ackup M aterial S ub mitted by:S ubmitted By: Page 8 of 216 November 13, 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, November 13, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Amos, Schmitt, and Welper. Absent: Mr. Lind Prayer or Moment of Silence. Pledge of Allegiance: Jim Sullivan, Kelly Sullivan, Murray Davidson and Tom Davidson. 146209 - Welper/Powers that the Agenda, as amended, to correct the contractor name and dollar amount in Public Hearing Item #2, by adding “Woodruff Construction, LLC of Waterloo, Iowa” and “$65,522”; and adding Item #13, Resolution affirming support of the Federal Historic Tax Credit Program, for the Regular Session on Monday, November 13, 2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146210 - Welper/Powers that the Minutes, as proposed, for the Regular Session on Monday, November 6, 2017, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Mayor Hart read a Proclamation declaring November 13-19, 2017 as Registered Apprenticeship Appreciation and Awareness Week. Mayor Hart read a Proclamation declaring November 13, 2017, as the 75th Anniversary of the Loss of the Five Sullivan Brothers at the Battle of Guadal Canal. Mike Magee, a member of “USS The Sullivans DD-57/DDG-68 Association Reunion”, presented Kelly Sullivan with flowers in appreciation for all she does for the Sullivan ships and to honor the lives of veterans and this community. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, congratulated the candidates that ran in the election. Don Share, 1415 Downing Avenue, identified a number of items the Northeast Iowa Food Bank needs to be able to provide Thanksgiving meals to those in need and asked that people help. Lawrence Wheeler, 433 Bratonober, commented on the need for the city to adopt an ordinance prohibiting felons from possessing power tools and explained that felons are using grinders to break into homes and businesses. He further commented that the police department needs to improve response times. David Dreyer, 3145 W. 4th Street, read an email response to questions he asked last week regarding the status of the Lafayette School site and former Rath Packing site. Mr. Morrissey stated that this Friday is Adoption Day at Black Hawk County Courthouse. Mr. Jacobs commented that he does objects to the statement made by Mr. Wheeler that the Police Department has slow response times. 146211 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146212 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: Page 9 of 216 November 13, 2017 Page 2 a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 13, 2017, in the amount of $3,402,364.09 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. 2017-927. 2. Resolution approving the request of Joe and Jill Leibold for tax exemptions on the construction of a single family home valued at $223,500 for property located at 1217 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-928. 3. Resolution approving the request of Dana McDougall for tax exemptions on the construction of a single family home valued at $307,210 for property located at 1207 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-929. 4. Resolution approving the request of Cammie Scully for tax exemptions on the construction of home improvements valued at $120,000 for a property located at 605 Riverside Drive and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-930. 5. Resolution approving the request of Steven Stoakes for tax exemptions on the construction of home improvements valued at $57,568.71 for a property located at 319 Independence Ave. and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-931. 6. Resolution setting a date of public hearing as November 27, 2017 to approve the sale and conveyance of city owned property located adjacent to 1947 Rainbow Drive, in the amount of $1.00 per lot, to Shay Trask including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-932. 7. Resolution approving cancellation of special assessment in the amount of $48.70 for delinquent garbage, storm and sewer fees for property located at 1641 Cherry Hills Drive, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-933. 8. Resolution canceling council meeting scheduled for December 26, 2017 due to the holidays. Resolution adopted and upon approval by Mayor assigned No. 2017-934. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed a. P.O. Girsch Rifle Instructor Recertification School Johnston, IA November 15, 2017 $175 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Page 10 of 216 November 13, 2017 Page 3 a. Cherry Creek Grill, 1850 W. Ridgeway Avenue C Liquor w/Outdoor Service Renewal 10/31/2018 x b. D'Vine Medical Spa, 2515 Cyclone Drive C Liquor Renewal 11/30/2018 c. King Star, 127 Jefferson Street E Liquor Renewal 11/6/2018 x d. Mama Nick's Circle Pizzeria, 1934 Washington Street C Liquor Renewal 9/9/2018 x e. Placita, 322 W. 4th Street B Beer Renewal 11/30/2018 x f. The Saloon, 303 W. 4th Street C Liquor w/Outdoor Service Renewal 11/14/2018 g. Three Amigo's Family Restaurant, 2820 Falls Avenue C Liquor Renewal 8/24/2018 x Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146213 - Schmitt/Welper that proof of publication of notice of public hearing on Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9-I-180-ALO-200, and IDOT Contract No. 19559, as published in the Waterloo Courier on November 1, 2017, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146214 - Schmitt/Welper that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146215 - Schmitt/Welper that “Resolution confirming approval of plans, specifications, form of contract, etc.”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-935. 146216 - Schmitt/Welper that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-936. 146217 - Schmitt/Welper Motion to receive and file and instruct City Clerk to read bids. Estimate: $69,750 Bidder Bid Security Bid Amount Failor Hurley Construction Waterloo, IA 5% $73,220 Cardinal Construction Inc. Waterloo, IA 5% $84,552 Woodruff Construction, LLC Waterloo, IA 5% $65,522 Voice vote-Ayes: Six. Motion carried. Page 11 of 216 November 13, 2017 Page 4 146218 - Schmitt/Welper that “Resolution awarding bid to Woodruff Construction, LLC of Waterloo, Iowa, for the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9-I-180-ALO- 200, and IDOT Contract No. 19559, in the amount of $65,522”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-937. RESOLUTIONS 146219 - Morrissey/Amos that Motion approving Change Order No. 5, final quantity summary, for a net decrease of $62,838.39, for the FY 2017 Bridge Deck Repair and Overlay Program, Contract No. 879, and authorize the Mayor and City Clerk to execute said document, be received, placed on file. Voice vote-Ayes: Six. Motion carried. 146220 - Morrissey/Amos that “Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, at a total cost of $1,382,794.18 in conjunction with the FY 2017 Bridge Deck and Overlay Program, Contract No. 879, and receive and file two (2) year maintenance bond”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Mr. Morrisey questioned if the two year maintenance bond was typical. Eric Thorson, City Engineer, confirmed that is required by State Code and most of the large construction projects do have those bonds. Resolution adopted and upon approval by Mayor assigned No. 2017-938. 146221 - Welper/Morrissey that “Resolution approving Professional Services Agreement with Nutri-Ject Systems, Inc. of Hudson, Iowa in an amount not to exceed $36,140, for bio-solids removal services, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-939. 146222 - Welper/Morrissey that “Resolution approving Professional Services Supplemental Agreement No. 3, with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $9,230, in conjunction with the FY 2016 Shaulis Road Trail Extension - Phase I, Contract No. 858, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-940. 146223 - Welper/Morrissey that “Resolution approving Professional Services Supplemental Agreement No. 1, with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $6,715, in conjunction with the FY 2018 Ansborough Avenue Improvements, Contract No. 942, and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Six. Motion carried. David Dreyer, 3145, W. 4th Street, requested an overview of item. Eric Thorson, City Engineer, explained the agreement. Resolution adopted and upon approval by Mayor assigned No. 2017-941. Page 12 of 216 November 13, 2017 Page 5 146224 - Schmitt/Powers that “Resolution approving an Amendment to the Development Agreement with BCS Properties, LLC and the City of Waterloo, to add additional land into the Development Agreement area, and authorize the Mayor and City Clerk to execute said documents”, be adopted. Roll-call vote-Ayes: Six. Motion carried. David Dreyer, 3145, W. 4th Street, requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the agreement. Todd Obadal, 124 Amity Drive, commented that the city is not following state law in selling property. Noel Anderson explained that the property added to the Development Agreement is not city owned and as a result, a public hearing is not required. Resolution adopted and upon approval by Mayor assigned No. 2017-942. 146225 - Schmitt/Powers that “Resolution approving a Professional Services Agreement with HR Green, Inc. of Cedar Rapids, Iowa, in the amount of $364,200, in conjunction with implementation of the United States Environmental Protection Agency Community-wide Brownfields Hazardous Substances Assessment Grant, and authorize the Mayor to execute said agreement”, be adopted. Roll-call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned the areas that the work would be applied. Noel Anderson explained that as other parts of the community come up the funds can be applied for implementation. Mr. Morrissey questioned if there were specific areas in mind within the Broadway corridor. Noel Anderson confirmed, and explained those will come before council at the appropriate time. Mr. Morrissey asked about the two separate grants to fund the item. Noel Anderson explained there are two separate grants because there are two hazardous substances to be concerned with, one hazard based and one petroleum based. Resolution adopted and upon approval by Mayor assigned No. 2017-943. ORDINANCES 146226 - Amos/Morrissey that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards and other miscellaneous updates”, be received, placed on file, considered and passed for the second time. Roll-call vote-Ayes: Six. Motion carried. 146227 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll-call vote-Ayes: Three. Nays: Three (Jacobs, Morrissey, Schmitt). Motion failed. 146228 - Morrissey/Schmitt Page 13 of 216 November 13, 2017 Page 6 that “an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5 Chapter 2 Section 13 Fireworks”, be received, placed on file, considered and passed for the first time. Roll-call vote-Ayes: Zero. Nays: Six. Motion failed. Myke Goings, 1203 W. 2nd Street, commented that he is in favor of Mr. Morrissey’s suggestion to limit sales to industrial areas only. Mayor Hart explained that because there was not much support for the proposed ordinance during the Work Session, it was agreed that additional conversation was needed with both Evansdale and Cedar Falls officials to gather more information and do additional research. OTHER COUNCIL BUSINESS 146229 - Morrissey/Amos that “Motion approving Change Order No. 3, for a net increase of $57,446.80, and Change Order No. 4, for a net increase of $34,291.32, for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said documents, be received, placed on file. Voice vote-Ayes: Six. Motion carried. David Dreyer, 3145 W. 4th Street, requested an overview of the change orders. Eric Thorson explained the change orders for extra work. Mayor Hart questioned if the prices are locked in if the work cannot be completed yet this year since it is getting late in the season. Eric Thorson explained it can be looked into. 146230 - Morrissey/Amos that “Resolution affirming support of the Federal Historic Tax Credit Program and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Six. Motion carried. David Deeds, 922 Mulberry Street, provided an overview of the resolution and the historic tax program. Mayor Hart commented on the importance of the program and its impact on Waterloo. Mr. Morrissey questioned what will happen to the resolution once it is approved. Mayor Hart commented that the information will be sent to legislators. Mr. Morrissey questioned if votes are taking place soon on the tax credit. David Deeds explained that the federal government is looking to have voting on the historic tax credit completed by Thanksgiving. Mr. Powers commented that he spoke to the legislative director for Congressman Blum and that he and several other legislators have sent a letter to Senator Grassley to support the historic tax credit. Resolution adopted and upon approval by Mayor assigned No. 2017-944. 146231 - Welper/Morrissey that the council adjourn to Executive Session at 6:22 p.m. Roll-call vote-Ayes: Six. Motion carried. City Attorney Dave Zellhoefer stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2017). Page 14 of 216 November 13, 2017 Page 7 E X E C U T I V E S E S S I O N 146232 - Welper/Schmitt that the council adjourn Executive Session at 6:43 p.m. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 146233 - Welper/Schmitt that the Council adjourn at 6:43 p.m. Voice vote-Ayes: Six. Motion carried. _____________________________ Kelley Felchle City Clerk Page 15 of 216 C ITY OF WATER LOO Council Communication R eq uest from Main S treet Waterloo to host their annual Winter Wond er'Loo c elebratio n o n S aturd ay, No vember 25, 2017 fro m 4:00 P.M. to 7:00 P.M. in Do wntown Waterlo o at Newto n's P ark and at the Blac k's Build ing, and reques t that S yc amo re S treet from P ark Ave. to E. 4th S treet b e c lo s ed to traffic to acc o mmo d ate the event. City Council Meeting: 11/20/2017 Prepared: 11/8/2017 R EV I EWER S : D epartment R eviewer Action D ate P olice Department L eibold, Joe Approved 11/8/2017 - 11:33 AM C lerk O ffice H igby, Nancy Approved 11/13/2017 - 5:07 P M S UB J E C T: R eq uest fro m Main S treet Waterloo to ho s t their annual Winter Wond er'Loo celebration on S aturday, Novemb er 25, 2017 from 4:00 P.M. to 7:00 P.M. in Do wntown Waterloo at Newto n's P ark and at the Blac k's Build ing, and req uest that S yc amo re S treet fro m P ark Ave. to E. 4th S treet be closed to traffic to ac c o mmo d ate the event. S ub mitted by:S ubmitted By: Jo e Leibold, C aptain o f P o lic e S ervic es R ec o mmended Ac tio n:Ap p ro ve R eques t Exp enditure R equired :C o s t with plac ing and retrieving b arricades S ource o f F und s :G eneral P olic y Issue:No ne Alternative:No ne Background I nformatio n:Annual event, no rep o rted is s ues. Page 16 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving preliminary s p ecific atio ns , bid d o cuments , etc ., setting date of b id opening as Decemb er 7, 2017 and date of p ublic hearing as Decemb er 11, 2017, fo r the F Y 2018 Mark's P ark R esurfacing P rojec t, and instruc t C ity C lerk to p ublish said notice. City Council Meeting: 11/20/2017 Prepared: 11/14/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 12:13 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 10:22 AM ATTA C H M EN TS : Description Type Drawing B ackup M aterial S pecs B ackup M aterial S UB J E C T: R es o lution approving preliminary s p ecific atio ns , bid d o cuments , etc ., setting d ate o f bid opening as December 7, 2017 and date of p ublic hearing as December 11, 2017, fo r the F Y 2018 Mark's P ark R esurfacing P ro ject, and instruc t C ity C lerk to p ublish said notice. S ub mitted by:S ubmitted By: Travis Nicho ls , F acilities /P ro jec t Manager R ec o mmended Ac tio n:Ap p ro ve the p lans , s pec ificatio ns, etc. and taking of b id s , and s et the date o f b id opening as Dec emb er 7, 2017 and date o f hearing as December 11, 2017 S ummary S tatement:T his projec t provid es for the replac ement o f rub b erized safety s urfac ing at Mark's P ark. Exp enditure R equired :$55,000 S ource o f F und s :C o mmunity F o und ation, G O Bo nds and other grants P olic y Issue:T his projec t s up p o rts the C ity o f Waterlo o S trategic P lan, strategy 4.5 "Maintain C ity fac ilities that s upport quality o f plac e" Page 17 of 216 A R C H #1 A R C H #2 ARCH #3 A R C H # 4 S M A L L A R C H M E D I U M A R C H 67'-4 1/2" 2 9 '-6 1 /2 " CIRCULAR LINES INDICATE FLOORING PATTERN BOUNDARIES, TYP. SPLASHPAD AREA 2 7 ' - 5 " EXISTING FLOOR DRAIN F G B EXIST'G SPLASHPAD FEATURE LEGEND - GROUND GEYSERA - WALL SPRAYC - WATER JELLY # 1E - JET STREAMF - CYLINDER SPRAYB - FOOT ACTIVATORD D PROTECT EXISTING WIRE STEEL BENCHES - SIDE WINDERG F EA C 6' - 0 1 / 2 " 5' SPRAY FREE AREA ALL AROUND THE SPLASHPAD EXISTING CONCRETE WALLS AT PERIMETER OF MARK'S PARK ELEV. 859.75 ELEV. 859.75 EXISTING DRAIN HOLE SL O P E D O W N SL O P E D O W N PROTECT EXISTING PAINTED STEEL TABLE WITH INTEGRAL SEATING AND STEEL UMBRELLA. FALL SAFETY ZONE ELEV. 859.75 TABLE FALL SAFETY ZONE 2 A1.0 2 A1.0 2 A1.0 EXISTING SHADE CANOPY ABOVE EXISTING DRAIN HOLE PROTECT EXISTING PLAYGROUND EQUIPMENT PROTECT EXISTING PLAYGROUND EQUIPMENT R 10' - 0" R 1 6 ' - 0 " R 4' - 0" R 2' - 6" R 2' - 6" R 2' - 6" R 2' - 6" R 2 2 ' - 0 " R 2 8 ' - 0 " R 3 4 ' - 0 " 18 ' - 2 " 20'-6" R 2' - 6" R 2' - 0" R 1' - 6" R 2' - 0" R 2' - 6" R 2' - 0" 4' - 5 1 / 2 " 4 ' - 5 1 / 2 " 4'-1" 4 4 ° R 22' - 0" R 16' - 0" R 1 0 ' - 0 " R 4' - 0" R 2' - 6" R 2' - 0" R 2' - 6" R 2' - 6" FYI ONLY. PROTEXT EXISTING WATER NOZZLES AND FEATURES. CENTER FLOOR PATTERN CIRCLES ON NOZZLES AS SHOWN 50% BLUE 50% BLACK 50% TERRA COTTA 50% BLACK 33.3% TERRA COTTA 33.3% BROWN 33.3% TAN RUBBER SURFACING COLOR KEY COLOR NAMES AREA BASED ON "NO FAULT" SAFETY SURFACE COLOR CHART. EACH MATERIAL SHALL BE A COLOR BLEND AS NOTED HERE: EXISTING SPLASH PAD FEATURES PROTECT EXISTING PAINTED STEEL TABLE WITH INTEGRAL SEATING AND STEEL UMBRELLA. 88'-10 1/2" LINE INDICATES FALL SAFETY ZONE. R=6'-0" 41 ' - 3 1 / 2 " EXISTING CONCRETE WALLS AT PERIMETER OF MARK'S PARK EXISTING SLOPE OF SPLASHPAD CONCRETE SUBBASE SPLASH PAD AREA WITH EXISTING CONCRETE BASE 30 ' - 6 1 / 2 " EX I S T N G S P L A S H P A D A R E A W I T H E X I S T I N G C O N C R E T E B A S E 29 ' - 2 1 / 2 " NEW RUBBER SURFACING COMPOSITION SPLASH PAD: 1/2" THICKNESS COLORED WEAR LAYER OVER EXISTING CONCRETE PAD ALL OTHER AREAS: 1/2" THICKNESS COLORED WEAR LAYER OVER MIN. 4" RECYCLED RUBBER IMPACT LAYER ON EXISTING GRAVEL BASE CENTER CIRCLES ON SLIDE CIRCULAR STAIR EXISTING SPLASH PAD CONCRETE SLAB, SLOPED TO DRAIN. PROTECT, CLEAN AND PREPARE FOR NEW SURFACING INSTALLATION EXISTING GRANULAR FILL NEW 1/2" POROUS RUBBER WEAR LAYER FORMULATED FOR SPLASH AREA USE NEW 4" IMPACT LAYER BASE MATERIAL, CONFIRM FALL HEIGHT REQUIREMENTS ARE MET PRIOR TO INSTALLATION 1/4" = 1'-0"1 MARK'S PARK FLOORING LAYOUT 3 MARK'S PARK OVERALL VIEW PLANNING ARCHITECTURE INTERIORS Copyright C OWNER SIGN-OFF: SHEET NAME: PROJECT NO: DATE: SHEET SET: REVISIONS: DATE SHEET: NAME 501 Sycamore Street Suite 101 Waterloo, IA 50703 319.233.8419 319.233.9772 Fax www.invisionarch.com CONSULTANT: SH E E T R E S P O N S I B I L I T Y : 11 / 1 7 / 2 0 1 7 8 : 1 6 : 3 8 A M C: \ R e v i t L o c a l F i l e s \ 1 7 1 0 4 M a r k s P a r k R e s u r f a c i n g _ r o l an d g a . r v t A1.0 11.17.2017 MARK'S PARK PLAN, DETAILS INVISION # 17104 FY 2 0 1 8 M A R K ' S P A R K R E S U R F A C I N G BL A C K H A W K C O U N T Y CI T Y O F W A T E R L O O , I O W A CONSTRUCTION DOCUMENTS A u t h o r 1 1/2" = 1'-0"2 SPLASH PAD EDGE DETAILEXISTING PLAYGROUND EQUIPMENT NOT SHOWN NOTES: 1. BID/CONTRACT DOCUMENTS INCLUDE THIS SHEET AND THE ACCOMPANYING SET OF WRITTEN SPECIFICATIONS. 2. SCOPE OF WORK: PROVIDE ALL MATERIALS AND LABOR TO INSTALL THE RUBBER PROTECTIVE SURFACES (IMPACT LAYER AND COLORED WEAR LAYER) SHOWN ON THIS DRAWING. SURFACES SHALL BE INSTALLED ON EXISTING GRANULAR SUB-BASE AND THE EXISTING CONCRETE SPLASH PAD AREA. SEE SPECIFICATIONS FOR ADDITIONAL INFORMATION. ALTERNATE No. 1 1. PROVIDE AN ADD ALTERNATE TO REMOVE AND DISCARD THE EXISTING RUBBER PROTECTIVE SURFACES. REMOVE BOTH THE SURFACE AND IMPACT RUBBER BASE DOWN TO THE EXISTING GRANULAR SUB-BASE. SEE BID FORM. FY 2018 - MARKS PARK RESURFACING Description Date No. CITY OF WATERLOO BLACK HAWK COUNTY, IA LOCATION PLAN W P A RK AV E C E D A R S T CE DA R R I V E R W 3 R D S T ▀ MARK'S PARK Page 18 of 216 PROJECT MANUAL FOR: MARK’S PARK RESURFACING PROJECT City of Waterloo Waterloo, Iowa BID DOCUMENTS November 17, 2017 WATERLOO DES MOINES 501 Sycamore Street, Suite101 303 Watson Powell Jr. Way, Suite 200 Waterloo, Iowa 50703 Des Moines, Iowa 50309 319.233.8419 515.633.2941 319.233.9772 (fax) 515.633.2942 (fax) invisionarch.com invisionarch.com INVISION #: 17104 SET NUMBER: _______ Page 19 of 216 Page 20 of 216 Leisure Services Building Project # 17104 00 01 05 Waterloo, Iowa SEALS AND CERTIFICATIONS Page 1 of 1 DOCUMENT 00 01 05 SEALS AND CERTIFICATIONS ----------------------------------------------------------------------------------------------------------------------------------------------- I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible charge. I am a duly Registered Architect under the laws of the State of Iowa. Michael R. Broshar _____________________________________________ Signature Date Registration Expires: 06.30.2016, Iowa Reg. No. 02463 Pages or sheets covered by this seal: Architectural series. Divisions: 02-12 ----------------------------------------------------------------------------------------------------------------------------------------------- END OF DOCUMENT Page 21 of 216 Page 22 of 216 FY2018 MARK’S PARK RESURFACING TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 2. FORM OF BID OR PROPOSAL 3. SUBSTITUTION REQUEST FORM 4. SALES TAX EXEMPTION INFORMATION FORM 5. FORM OF BID BOND 6. NON-COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. FORM OF PERFORMANCE BOND 9. FORM OF PAYMENT BOND PRODUCT REQUIREMENTS 32 18 16.1 PROTECTIVE PLAYGROUND SURFACING 32 18 16.2 PROTECTIVE SPLASH PAD SURFACING Page 23 of 216 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY2018 MARK’S PARK RESURFACING PROJECT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of December, 2017, until 1:00 p.m. for the construction of the FY2018 MARK’S PARK RESURFACING PROJECT as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 7th day of December, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 11th day of December, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 Rapids Reproductions 6201 Chancellor Drive Cedar Falls, IA 50613 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ Rapids Reproductions web site: https://rapidsrepro.com/planroom/ Page 24 of 216 SCOPE OF WORK The extent of the work involved is the replacement of rubberized safety surfacing at Mark’s Park located at 225 Commercial Street. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 20th day of November, 2017. CITY OF WATERLOO, IOWA BY: ______________________ Kelley Felchle City Clerk Page 25 of 216 NOTICE TO BIDDERS Page 1 of 4 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY2018 MARK’S PARK RESURFACING PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of December 2017, until 1:00 p.m. for the construction of the FY2018 MARK’S PARK RESURFACING PROJECT,, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 7thday of December, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on December 11, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the replacement of rubberized safety surfacing at Mark’s Park located at 225 Commercial Street. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before May 15, 2018. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may Page 26 of 216 NOTICE TO BIDDERS Page 2 of 4 be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by City, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications as prepared by INVISION Architecture are available online at Rapids Reproductions https://rapidsrepro.com/planroom/, and at the following plan rooms: Master Builder of Iowa, MacGraw Hill Construction Dodge, Reed Construction Data. Bid documents may also be viewed at the office of the Architect. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. INQUIRIES/ADDENDA Direct questions to Roland Ganter (rolandg@invisionarch.com), telephone 319-433- 3838. Addenda may be issued during the bidding period. All Addenda become part of the bidding Contract Documents. Include resultant cost in the bid amount. Verbal answers are not binding on any party The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect error, inconsistencies or ambiguities discovered. Clarifications requested by bidders must be in writing not less than seven (7) days before date set for receipt of bids. The reply will be in the form of an Addendum distributed to known Plan Holders . Each bidder shall indicate receipt of addendum on bid form. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. Page 27 of 216 NOTICE TO BIDDERS Page 3 of 4 By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit a lump sum bid on the items listed in the proposal. All bids must be submitted on the Bid Form supplied by the City. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a “Performance Bond” and a “Payment Bond” within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred dollars ($500) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Page 28 of 216 NOTICE TO BIDDERS Page 4 of 4 Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors, and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA Page 29 of 216 FORM OF BID OR PROPOSAL Page 1 of 2 FY2018 MARK’S PARK RESURFACING FORM OF BID OR PROPOSAL FY2018 MARK’S PARK RESURFACING PROJECT CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of ____ , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION Architecture and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this FY2018 MARK’S PARK RESURFACING PROJECT, all in accordance with the above-listed documents and for the bid and alternates. BASE BID A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION, JP- SE and Modus Engineering for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: B. _________________________________________________________ _________________________________________________________ dollars ($______________________), in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES A. Alternates identified here will be reviewed and accepted or rejected at Owner's option. Accepted alternates will be identified in the Owner- Contractor Agreement. B. ALTERNATE NO. 1 – Demolish and remove all existing rubber surfacing and rubber base material. ADD the Sum of _________________________________________________________ dollars ($______________________), Page 30 of 216 FORM OF BID OR PROPOSAL Page 2 of 2 FY2018 MARK’S PARK RESURFACING 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 5. The bidder has received the following Addendum or Addenda: Addendum No. Date 6. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 7. The bidder has attached all applicable forms. (Name of Bidder) (Date) BY: Title: Official Address: (Including Zip Code): I.R.S. No. Page 31 of 216 Page 32 of 216 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, ______________________________________________ _____________________________as Principal, and _______________________________________________ as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called “OWNER”. In the penal sum ________________________________________________________________________________dollars ($_______________) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the ___day of _________________________, 20___, for __________________________________. NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this _______ day of ____________________, A.D. 20________. _____________________________________(Seal) Principal _____________________________________ By___________________________________(Title) Witness _____________________________________(Seal) Surety _____________________________________ By_______________________________________ Witness Attorney-In-Fact BID BOND PAGE 1 OF 1 Page 33 of 216 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of __________________) ) County of_________________) ___________________________________, being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ____________________, the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this _______ day of ___________________________, 20__. __________________________________ _____________________________________ Signature Title My commission expires ________________________________. Page 34 of 216 NON COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of __________________) ) County of_________________) _________________________________________, being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ____________________, hereinafter referred to as the “Subcontractor”; 2. He is fully informed respecting the preparation and contents of the subcontractor’s proposal submitted by the subcontractor to ________________________________________, contract pertaining to the 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor’s proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor’s proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor’s proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor’s proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this _____ Day of __________________________, 20__. ____________________________________ _______ ____________________________ Signature Title My commission expires ________________________________. Page 35 of 216 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of the contractor’s commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City’s Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City’s Affirmative Action Program – Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor’s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. Page 36 of 216 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City’s Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: __________________________________ Appropriate Official ______________________________________________ Title ___________________________________ Date Page 37 of 216 Performance Bond Page 1 of 2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the “Principal”), and of (the “Surety”), are held and firmly bound unto the City of Waterloo, Iowa (the “Obligee”), in the penal sum of Dollars ($ ), 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 . 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: Page 38 of 216 Performance Bond Page 2 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety’s total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of . PRINCIPAL SURETY Name Name By: By: Title: 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. Page 39 of 216 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that __________________________________________________________________________ (Name of Contractor) ___________________________________________________________________________________________________ (Address of Contractor) a _________________________________________________, hereinafter called Principal, (Corporation, Partnership or Individual) and, ______________________________________________________________________ (Name of Surety) ___________________________________________________________________________________________________ (Address of Surety) hereinafter called Surety, are held and firmly bound unto ____________________________ ___________________________________________________________________________________________________ (Name of Owner) ___________________________________________________________________________________________________ (Address of Owner) hereinafter called OWNER, in the penal sum of _______________ Dollars,($____________) 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: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ 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 40 of 216 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: 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 41 of 216 Page 42 of 216 FY2018 Mark’s Park Resurfacing City of Waterloo, IA INVISION Proj No. 17104 00 43 25 Substitution Request From Page 1 of 2 SECTION 00 43 25 SUBSTITUTION REQUEST FORM We hereby submit for your consideration the following product instead of the specified item for the following project: PROJECT TITLE _____________________________ PROJECT NO. _______________ DRAWING NO. _________________ DRAWING TITLE __________________________ SPEC. SECTION SPEC. TITLE PARAGRAPH SPECIFIED ITEM ______________ _____________ ___________ _____________________________ Proposed Substitution:_________________________________________________________ Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit, with request, all necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. Substitutions of the materials and equipment described in the Contract Documents will be considered during the bidding period upon receipt or a written request to the Architect for approval up to seven (7) days before receipt of bids. Verbal or written requests without the completed Substitution Request Form will not be considered. CERTIFICATION OF EQUAL PERFORMANCE AND ASSUMPTION OF LIABILITY FOR EQUAL PERFORMANCE The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item. Submitted by: ___________________________________________________________________________ Signature ___________________________________________________________________________ Firm ____________________________________________________________________________ Address ____________________ ________________________ ___________________________ Telephone Email Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: ________________________________________________________________________ ________________________________________________________________________ B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: ________________________________________________________________________ ________________________________________________________________________ Page 43 of 216 FY2018 Mark’s Park Resurfacing City of Waterloo, IA INVISION Proj No. 17104 00 43 25 Substitution Request From Page 2 of 2 C. What effect does substitution have on other Contracts or other trades? ________________________________________________________________________ ________________________________________________________________________ D. What effect does substitution have on construction schedule? ________________________________________________________________________ ________________________________________________________________________ E. Manufacturer's warranties of the proposed and specified items are: _________ Same __________ Different (Explain on Attachment) F. Reason for Request: ________________________________________________________________________ ________________________________________________________________________ G. Itemized comparison of specified item(s) with the proposed substitution. List significant variations: ________________________________________________________________________ ________________________________________________________________________ H. Accurate cost data comparing proposed substitution with product specified: ________________________________________________________________________ ________________________________________________________________________ I. Designation of maintenance services and sources: ________________________________________________________________________ ________________________________________________________________________ (ATTACH ADDITIONAL SHEETS IF REQUIRED) FOR USE BY DESIGN PROFESSIONAL: _________ Recommended _________ Recommended as Noted _________ Not Recommended _________ Received Too Late Signed By _______________________________________________________ Date ___________________________________________________________ FOR USE BY OWNER'S REPRESENTATIVE OR OWNER: _________ Approved _________ Approved as Noted _________ Not Approved _________ Approved Too Late Signed By _______________________________________________________ Date ___________________________________________________________ END OF SECTION Page 44 of 216 No Fault Safety Surface & SAF DEK for Waterplay and Pool Deck Areas Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 1 POURED -IN-PLACE RUBBER (TPV) SURFACING FOR WATER PLAY PART 1 – GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Surface. The surfacing Manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.02 DESCRIPTION OF SYSTEM & GENERAL CONDITIONS No Fault Safety Surface shall be poured-in-place and trowelled to provide for a resilient, seamless rubber surface installed over the specified rigid base and composed of premium quality TPV rubber mixed with a non- flammable, non-shrinking, one part moisture cured polyurethane adhesive as recommended by the Manufacturer and capable of bonding to concrete. No Fault Safety Surface shall be stable and slip resistant to comply with, meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM) and Consumer Products Safety Commission (CPSC) for surfaces manufactured for the purpose of water play safety surface. 1.03 QUALITY ASSURANCE A. Applicable Standards 1. Coefficient of Friction - ASTM D2047 2. Surface Frictional Properties & Skid Resistance – ASTM E303 3. Permeability – ASTM D2047 4. Flammability of Finished Floor Cover - ASTM D2859 5. Accessibility of Surface Systems – ASTM F1951 6. Tear Strength – ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic 7. Tensile Strength – ASTM D412 Standard Test Methods for Vulcanized Rubber Elastomers and Thermoplastic Elastomers: Tensile Strength must be equal to or greater than 80 Psi. 8. Solar Reflective Index (SRI) – ASTM C-1959 and E-903 9. IPEMA Certification Required B. Installer Qualifications 1. All materials under this section shall be installed by the Manufacturer or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certified Installers. 2. The installation crew will include at least one member that has completed the OSHA 10 Hour Training course and received certification C. Contractor Pre-Qualifications 1. All bidders must have a current Louisiana Contractor’s License at or before the time of bid opening date. 2. A list of twenty five (25) surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least five (5) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 3. All bidders must also submit Material Safety Data sheets (MSDS) and Product Data Sheets on all materials. 4. Insurance Requirements - All bidders must carry minimum insurance of: a) $1,000,000 General Liability Per Occurrence b) $2,000,000 General Aggregate c) $2,000,000 Products Completed Operations d) $5,000,000 Excess Liability SPECIFICATIONS FOR SPLASH PAD PROTECTIVE SURFACING FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing Page 1 of 4Page 45 of 216 No Fault Safety Surface & SAF DEK for Waterplay and Pool Deck Areas Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 2 e) $1,000,000 Workers Comp. & Employers Liability f) $1,000,000 Automobile Liability (any Auto) 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on individual CD’s. Upon request only hard copies shall be supplied. B. Manufacturer’s descriptive data and installation instructions. C. Manufacturer’s details showing depths of wear surface and sub-base materials, anchoring systems and edge details. D. A list of all materials and components to be installed, including Manufacturer’s name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements f or each standard listed in Section 1.03 Quality Assurance. Test must be performed and certified by an independent laboratory. F. Copy of IPEMA Certification. G. Documentation of Contractor Pre-Qualification as stated in Section 1.03 Quality Assurance. H. Documentation of Insurance Requirements as stated in Section 1.03 Quality Assurance. I. Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all materials under this section shall be installed by the Manufacturer or its Certified Installers. J. A listing of at least twenty five (25) installations where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or purchaser, address of installation, date of installation, contact person, and phone number. K. Upon request, a sample specimen of safety surface proposed for this project. L. Upon request, a list of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY, STORAGE and HANDLING: Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer’s recommendations. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact cure time, and/or the structural integrity of the final product. Immediate surroundings of the site shall be reasonably free of dust conditions and poor particulate air quality will impact the final surface look. C. The Manufacturer’s installation manager shall reserve the right t o control the project schedule installation based on such factor without penalty to No Fault Sport Group, LLC. D. Safety surfacing shall be installed after the playground equipment is installed unless otherwise noted. E. Surface installation shall be coordinated by the project manager or designated individual of playground equipment and sub-base installation, with No Fault Sport Group’s local production manager and in accordance with No Fault’s sub-base requirements. 1.07 WARRANTY: Safety surface for water play applications shall maintain required characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5) years. FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing Page 2 of 4Page 46 of 216 No Fault Safety Surface & SAF DEK for Waterplay and Pool Deck Areas Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 3 PART 2 – PRODUCTS Product shall be No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. No Fault Safety Surface shall consist of synthetic poured-in-place safety surfacing meeting the requirements of this specification and comprised of TPV and polyurethane binder. It shall be manufactured and installed by No Fault Sport Group, LLC (866-637-7678 www.nofault.com) and its certified installation crews. NOTE – Other products will be allowed only if prior approved as per Section 2.02 Product Substi tutions & Approved Equals 2.01 MATERIALS A. Polyurethane Binder 1. Polyurethane Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2. No toluene diphenyl isocyanate (TDI) shall be used. 3. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 4. Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1) 5. COLOR TINTED BINDER WILL NOT BE ALLOWED. 6. Aromatic or Aliphatic Polyurethane Binder may be used. B. TPV (Wear Surface) 1. TPV material shall be angular granules with a Shore A Hardness of 65̊A ± 5, a Tensile Strength equal to or greater than 3.0 Mpa, and an Elongation at Break greater than 400%. 2. Size of TPV particles shall be not less than 1.00 mm, or greater than 4.0 mm across. 3. STRAND, SHAVED, CHIPPED OR SHREDDED MATERIAL OF ANY TYPE IS NOT ACCEPTABLE. 2.02 PRODUCT SUBSTITUTIONS & APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least seven (7) days prior to bid opening date. Submit substitution request by completing the attached substitution request form. Use only this form. B. Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. PART 3 – EXECUTION 3.01 SUB-BASE REQUIRMENTS A. Owner or Owner’s representative shall provide sub-surface in accordance with Manufacturer’s recommendation for the project location and application. B. The base shall be concrete installed in accordance with Manufacturer’s written specifications. C. The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 i nch (3.0 mm) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 ft (3050 mm). E. New concrete shall be allowed to cure a minimum of seven (7) days prior to commencement of surfacing. F. All sub-bases shall be approved by Owner or Owner’s Representative prior to installation of the safety surface. G. Alternate sub-base material must have prior approval from Manufacturer. FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing Page 3 of 4Page 47 of 216 No Fault Safety Surface & SAF DEK for Waterplay and Pool Deck Areas Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 4 3.02 PREPARATION A. Scheduling – No Fault Safety Surface shall be installed after other sub-contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.06 Project Site Conditions. B. Cleaning - The entire subsurface shall be clean, dry and free from any foreign and loose material. 3.03 INSTALLATION A. TPV Wear Course Layer 1. Polyurethane binder and TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. The polyurethane binder shall be not less than 20 percent (20%) of total weight of rubber used in the wear surface, and shall provide 100 percent (100%) coating of the particles. 3. The TPV and polyurethane binder mixture will then be poured-in-place by means of screeding, and hand- trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16” thicker than the required depth. 5. The cap will have a minimum weight of 2.2 pounds per square foot for 3/8” and 2.9 pounds per square foot for ½”. 6. Thickness of wear surface shall be a minimum 1/2”. 7. The wear layer shall be porous. 8. If graphic designs and color transitions are used, they shall be full wear course depth. Color(s) to be determined by architect. 9. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 10. Large Areas - All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require the No Fault Safety Surface material to be installed on separate days. 11. Color: The wear course shall be colored as noted on the drawings. Provide samples to Architect for final selection by the architect or Owner during the submittal process 3.04 PROTECTION A. The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the Owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. B. Surface installation crew shall be responsible for the protection of No Fault Safety Surface during the installation process. Owner or General Contractor shall be responsible for the protection of the surface during the crew’s off hours and during the curing period upon completion of the installation. 3.05 CLEAN UP A. Manufacturer’s installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer’s installers shall properly dispose of all material and packing waste before leaving the job site. C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. FOR INDIVIDUAL PROJECT SPECIFICATIONS OR OTHER INFORMATION INCLUDING FALL HEIGHT REQUIREMENTS PLEASE CONTACT NO FAULT SPORT GROUP, LLC 866-637-7678 (toll free) WWW.NOFAULT.COM FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.1 Splash Pad Protective Surfacing Page 4 of 4Page 48 of 216 No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 1 POURED -IN-PLACE RUBBER TPV SURFACING FOR PLAYGROUNDS PART 1 – GENERAL 1.01 WORK INCLUDED This work includes furnishing and installing the No Fault Safety Surface. The surfacing Manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.02 DESCRIPTION OF SYSTEM & GENERAL CONDITIONS No Fault Safety Surface shall be poured-in-place and trowelled to provide for a resilient, seamless rubber surface installed over the specified rigid base. No Fault Safety Surface is comprised of an SBR base mat and TPV colored cap, with both layers being mixed with a non-flammable, non-shrinking, one part moisture cured polyurethane adhesive as recommended by the Manufacturer and capable of bonding to concrete, asphalt or compacted stone. No Fault Safety Surface shall be stable and slip resistant to comply with, meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM and Consumer Products Safety Commission (CPSC) for manufactured Safety Surfaces as detailed below. 1.03 QUALITY ASSURANCE A. Applicable Standards 1. Impact Attenuation - ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g’s and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. 2. Coefficient of Friction - ASTM D2047 3. Surface Frictional Properties & Skid Resistance – ASTM E303 4. Permeability – ASTM D2047 5. Flammability of Finished Floor Cover - ASTM D2859 6. Accessibility of Surface Systems – ASTM F1951 7. Tear Strength – ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic 8. Tensile Strength – ASTM D412 Standard Test Methods for Vulcanized Rubber Elastomers and Thermoplastic Elastomers: Tensile Strength must be equal to or greater than 80 Psi. 9. Solar Reflective Index (SRI) – ASTM C-1959 and E-903 10. IPEMA Certification Required B. Installer Qualifications 1. All materials under this section shall be installed by the Manufacturer or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certified Installers. 2. The installation crew will include at least one member that has completed the OSHA 10 Hour Training course and received certification C. Contractor Pre-Qualifications 1. All bidders must have a current Louisiana Contractor’s License at or before the time of bid opening date. 2. A list of twenty five (25) surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least five (5) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 3. All bidders must also submit Material Safety Data sheets (MSDS) and Product Data Sheets on all materials. 4. Insurance Requirements - All bidders must carry minimum insurance of: a) $1,000,000 General Liability Per Occurrence b) $2,000,000 General Aggregate SPECIFICATIONS FOR PLAYGROUND PROTECTIVE SURFACING FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacing Page 49 of 216 No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 2 c) $2,000,000 Products Completed Operations d) $5,000,000 Excess Liability e) $1,000,000 Workers Comp. & Employers Liability f) $1,000,000 Automobile Liability (any Auto) 1.04 SUBMITTALS A. One original hard copy of the submittal package will be supplied with additional copies on individual CD’s. Upon request only hard copies shall be supplied. B. Manufacturer’s descriptive data and installation instructions. C. Manufacturer’s details showing depths of wear surface and sub-base materials, anchoring systems and edge details. D. A list of all materials and components to be installed, including Manufacturer’s name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. E. Test results to substantiate that the product meets or exceeds all ASTM & ADA requirements for each standard listed in Section 1.03 Quality Assurance. Test must be performed and certified by an independent laboratory. F. Copy of IPEMA Certification. G. Documentation of Contractor Pre-Qualification as stated in Section 1.03 Quality Assurance. H. Documentation of Insurance Requirements as stated in Section 1.03 Quality Assurance. I. Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all materials under this section shall be installed by the Manufacturer or its Certified Installers. J. A listing of at least twenty five (25) installations where products simil ar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or purchaser, address of installation, date of installation, contact person, and phone number. K. Upon request, a sample specimen of safety surface proposed for this project. L. Upon request, a list of all organizations and affiliations of the company offering the product(s). 1.05 DELIVERY, STORAGE and HANDLING: Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer’s recommendations. 1.06 PROJECT SITE CONDITIONS: A. Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. B. Installation in weather condition of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact cure time, and/or the structural integrity of the final product. Immediate surroundings of the site shall b e reasonably free of dust conditions and poor particulate air quality will impact the final surface look. C. The Manufacturer’s installation manager shall reserve the right to control the project schedule installation based on such factor without penalty to No Fault Sport Group, LLC. D. Safety surfacing shall be installed after the playground equipment is installed unless otherwise noted. E. Surface installation shall be coordinated by the project manager or designated individual of playground equipment and sub-base installation, with No Fault Sport Group’s local production manager and in accordance with No Fault’s sub-base requirements. 1.07 WARRANTY: Surfacing shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5) years or as specified and agreed upon per contract. PART 2 – PRODUCTS Product shall be No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. No Fault Safety Surface shall consist of synthetic poured-in-place safety surfacing meeting the requirements of this FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacing Page 50 of 216 No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 3 specification and comprised of SBR, TPV and polyurethane binder. It shall be manufactured and installed by No Fault Sport Group, LLC (866-637-7678 www.nofault.com) and its certified installation crews. NOTE – Other products will be allowed only if prior approved as per Section 2.02 Product Substitutions & Approved Equals 2.01 MATERIALS A. Polyurethane Binder 1. Polyurethane Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2. No toluene diphenyl isocyanate (TDI) shall be used. 3. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 4. Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1) 5. COLOR TINTED BINDER WILL NOT BE ALLOWED. 6. Aromatic or Aliphatic Polyurethane Binder may be used. B. SBR (Impact Layer) 1. Only 100% shredded styrene butadiene rubber may be used 2. Strands of SBR may vary from 0.5 mm – 2.0 mm in thickness by 3.0 mm – 20 mm in length. C. TPV (Wear Surface) 1. TPV material shall be angular granules with a Shore A Ha rdness of 65̊A ± 5, a Tensile Strength equal to or greater than 3.0 Mpa, and an Elongation at Break greater than 400%. 2. Size of TPV particles shall be not less than 1.00 mm, or greater than 4.0 mm across. 3. STRAND, SHAVED, CHIPPED OR SHREDDED MATERIAL OF ANY TYPE IS NOT ACCEPTABLE. 2.02 PRODUCT SUBSTITUTIONS & APPROVED EQUALS A. All product substitutions must be submitted for preapproval at least fourteen (7) days prior to bid opening date. . B. Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. PART 3 – EXECUTION 3.01 SUB-BASE REQUIRMENTS A. Owner or Owner’s representative shall provide sub-surface in accordance with Manufacturer’s recommendation for the project location and application. B. The base shall be concrete, asphalt, or compacted stone installed in accordance with Manufacturer’s written specifications. C. The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. D. Tolerance of concrete or bitumininous subsurface shall be within 1/8 inch (3.0 mm) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 ft (3050 mm). E. Verify that aggregate subsurface has been fully compacted to 90- 95 percent or greater. F. Asphalt base shall be allowed to cure a minimum of fourteen (14) days and new concrete shall be allowed to cure a minimum of seven (7) days prior to commencement of surfacing. G. All sub-bases shall be approved by Owner or Owner’s Representative prior to installation of the safety surface. H. Alternate sub-base material must have prior approval from Manufacturer. 3.02 PREPARATION A. Scheduling – No Fault Safety Surface shall be installed after other sub-contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.06 Project Site Conditions. FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacing Page 51 of 216 No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 4 B. Cleaning - The entire subsurface shall be clean, dry and free from any foreign and loose material. 3.03 INSTALLATION A. SBR Cushion Layer 1. Polyurethane binder and SBR will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. Binder shall be not less than 14 percent (14%), nor more than 22 percent (22%), of the total weight of rubber, and shall provide 100 percent (100%) coating of the particles. 3. The SBR and binder mixture will then be poured-in-place by means of screeding, and hand-trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16” thicker than the required depth. 5. Whenever practical, SBR cushion layer shall be installed in one continuous pour on the same day. When a second pour is required, fully coat the edge of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new SBR mixture can be placed before the adhesive dries. 6. Total depth of the safety surface system throughout the playground equipment use zone shall be as required to meet the applicable critical fall height requirements or as specified by Owner or Architect. Therefore, thickness of the SBR cushion layer will be total depth less 3/8” or ½” (minimum required thickness of the TPV wear course layer). 7. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive. 8. The SBR cushion layer surface shall be porous. B. TPV Wear Course Layer 1. Polyurethane binder and TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. 2. The polyurethane binder shall be not less than 20 percent (20%) of total weight of rubber used in the wear surface, and shall provide 100 percent (100%) coating of the particles. 3. The TPV and polyurethane binder mixture will then be poured-in-place by means of screeding, and hand- trowelled to maintain a seamless application. 4. Installation method shall use a measured screed rod 1/16” thicker than the required depth. 5. The cap will have a minimum weight of 2.2 pounds per square foot for 3/8” and 2.9 pounds per square foot for ½”. 6. Thickness of wear surface shall be a minimum ½”. 7. The wear layer shall be porous. 8. If graphic designs and color transitions are used, they shall be full wear course d epth. Color(s) to be determined by architect. 9. Edges - Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 10. Large Areas - All areas in excess of 2,000 sq. ft. or that require adjacent color pours will have a col d joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require the No Fault Safety Surface material to be installed on separate days. 11. Color: The wear course shall be colored as noted on the drawings. Provide samples to Architect for final selection by the architect or Owner during the submittal process. 3.04 PROTECTION A. The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the Owner from all traffic during the curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. B. Surface installation crew shall be responsible for the protection of No Fault Safety Surface during the installation process. Owner or General Contractor shall be responsible for the protection of the surface during the crew’s off hours and during the curing period upon completion of the installation. FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacing Page 52 of 216 No Fault Safety Surface & SAF DEK for Playgrounds Product Specification By No Fault Sport Group, LLC All information contained within subject to change without notice 2017 All Rights Reserved ________________________________________________________________________________________________________________________ 5 3 .05 CLEAN UP A. Manufacturer’s installers shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. B. Manufacturer’s installers shall properly dispose of all material and packing waste before leaving the job site. C. Owner or contractor shall be responsible for supplying a dumpster at job site for all waste associated with installation of the safety surface. FOR INDIVIDUAL PROJECT SPECIFICATIONS OR OTHER INFORMATION INCLUDING FALL HEIGHT REQUIREMENTS PLEASE CONTACT NO FAULT SPORT GROUP, LLC 866-637-7678 (toll free) WWW.NOFAULT.COM FY 2018 Mark's Park Resurfacing City of Waterloo, IA INVISION Proj No, 17104 32 18 16.2 Playground Protective Surfacing Page 53 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving preliminary s p ecific atio ns , bid d o cuments , etc ., and s etting date of b id opening as No vember 30, 2017 and d ate o f pub lic hearing as December 4, 2017 fo r the purc has e of o ne used Jo hn Deere 7330 Trac tor and mowing attac hments, and ins truc t C ity C lerk to pub lis h no tic e of s p ecific ations , b id d o cuments , etc . City Council Meeting: 11/20/2017 Prepared: 11/14/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 12:12 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 10:23 AM ATTA C H M EN TS : Description Type B id D ocuments- 2012 J ohn D eere 7330 with M owing Attachments C over Memo S UB J E C T: R es o lution approving preliminary s p ecific atio ns , bid d o cuments , etc ., and s etting date o f bid o p ening as Novemb er 30, 2017 and date of p ublic hearing as Dec ember 4, 2017 fo r the p urc hase of o ne us ed Jo hn Deere 7330 Trac to r and mo wing attac hments, and ins truct C ity C lerk to pub lis h notice o f s p ecific atio ns , bid d o cuments , etc . S ub mitted by:S ubmitted By: JB Bolger, G o lf & Downtown Area Maintenanc e Manager R ec o mmended Ac tio n: Ap p ro ve the p lans , s pec ificatio ns, etc. and taking of b id s , and s et the date o f b id opening as Novemb er 30, 2017 and date of p ublic hearing as Decemb er 4, 2017. S ummary S tatement:T he replac ement o f this unit is bud geted fo r and was forec as t in C ap ital Eq uipment F ive Year R eplac ement P lan. Exp enditure R equired :Es timate o f $160,000 after trade in o f us ed unit. S ource o f F und s :C ap ital Imp ro vements F und s - P arks O ff R o ad Maintenance Eq uipment Background I nformatio n: T his transac tio n would replac e a high-hour 2003 mo d el year piec e of eq uipment that is p ro ne to b reakdowns with a muc h lo wer hour 2012 piec e o f equip ment und er warranty. T his unit is us ed p red o minantly for mo wing the Army C orps o f Engineers c ertified levy s ys tem. Mo wing is required b y the Army C orps o f Engineers to keep the c ertific ation in plac e. T his highly s p ecialized s etup is need ed to ho ld the s teep s lopes o f the levy sys tem and cover the approximately 345 ac res need ing to b e mowed . Page 54 of 216 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS ONE (1) USED 2012 JOHN DEERE 7330 TRACTOR WITH ATTACHMENTS FALL 2017 BID REQUEST Bid documents for One (1) used 2012 John Deere 7330 Tractor with Attachments ready for use by the City of Waterloo, Iowa. Page 55 of 216 INSTRUCTIONS TO BIDDERS BID DEADLINE DATE: 1:00pm - THURSDAY, NOVEMBER 30, 2017 The City of Waterloo, Iowa, is seeking competitive bids on the tractor and mower attachments described in the enclosed Specifications. All bids are to be submitted to the City Clerk’s Office located at 715 Mulberry Street, Waterloo, Iowa, 50703, in a sealed envelope. When submitting bid, please note on the lower, left-hand corner of envelope: 2012 JOHN DEERE 7330 TRACTOR All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible Bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. Upon acceptance of the bid, a purchase order mailed or delivered to the Bidder that is accompanied by a copy of the signed Proposal bearing the City Clerk’s signature shall constitute acceptance of the Bid and, therefore, be a legal binding agreement. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The Bid Price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for specified purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The city reserves the right to purchase the units with or without the trade-ins. Page 56 of 216 INSTRUCTIONS TO BIDDERS PAGE TWO Certain units may have special warranty provisions, maintenance provisions, or buy- back guarantees. These will be listed in the individual specifications. The Bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf & Downtown Area Maintenance Manager, Waterloo Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa 50701, (319) 291-4370. The Bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The Bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Bids will be received until 1:00pm, local time on Thursday, November 30, 2017. Bids will be opened in a public meeting at City Hall in the first floor conference room at 1:00pm Thursday November 30, 2017. Bids will also be read publicly December 4, 2017, at the 5:30 p.m. City Council meeting. IF DELIVERED BEFORE APRIL 15, 2018, WARRANTY TO START APRIL 15, 2018. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS. ______________________________________________________________________________ SPECIFICATIONS ONE (1) 2012 JOHN DEERE 7330 TRACTOR WITH ATTACHMENTS The undersigned hereby proposes to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories needed for its operation as specified below. Dealer must list any deviation from bold specifications given. DETAILS OF REQUIRED USED UNIT: Because of the required mid-chassis mount wing mowers and the inability of mower manufacturers to install this style of flail mower on any current model year John Deere 7000 series utility tractor with tier four final exhaust the unit must be a 2012 model year John Deere 7330 with less than 1,600 hours on the tractor. A comprehensive, zero dollar deductible, warranty must be in place for 250 machine hours and a two year John Deere drivetrain warranty with a $500 deductible must be in place for two years from the date of delivery as noted. The Diamond Mower Company installed equipment shall have a two year, unlimited hours, comprehensive warranty. Page 57 of 216 One (1) 2012 John Deere 7330 Tractor with Attachments Code Quantity Description 1481RW 1 7330 ComfortGard Premium Cab Tractor 0700 1 No Package 0177 1 ComfortGard Premium Plus Cab with CommandARM Controls with ComfortCommand Air Seat and Two Panorama Doors 1006 1 Less GreenStar Ready Wiring Harness 0250 1 Mechanical Front Wheel Drive Axle with Limited Slip Differential 4208 1 480/80R38 In. 149A8 R1 Radial (18.4R38 In. 149A8 R1 Radial) 4908 1 480/80R38 In. 149A8 R1 Radial (18.4R38 In. 149A8 R1 Radial) 6210 1 380/85R28 In. 133A8 R1 Radial 6935 1 Infinitely Variable Transmission (25 mph/40kmh) 7102 1 540/1000 RPM Rear Reversible PTO 3002 1 Rack and Pinion 3.385 In. (86mm) Diameter by 110.5 In. Length 2500 1 8800 Lb. Capacity 3-Point Hitch (Category 2) with Telescopic Draft Links and Sway Blocks 7233 1 Four Deluxe (3 Detent) E/H Selective Control Valves with ISO Breakaway Couplers 7453 1 Underhood Muffler with Deluxe Corner Post Exhaust 7664 1 Air-Suspended ComfortCommand Seat 8940 1 No Loader Package 8900 1 Fender Extension, 1-Piece Side and Rear Extension (Qty 2) 9111 1 Deere/Delco AM/FM Stereo Radio with Weather band, Two Speakers, Single Compact Disk Player, Clock and Antenna 9207 1 Mirrors RH and LH – Manually Adjustable 9212 1 Sun Visor 9080 1 Rotary Beacon Light AL180098 1 MFWD Front Fenders, Turnable, 16.5 In. (420 mm) Wide AL 160985 1 Front Auxillary Drive (Crankshaft pulley without Drive Shaft) Acceptable Mowing Unit Attachment – Diamond Flail Mowers 1 102” Rear Flail Mower Deck 1 90” Right Flail Mower Deck 1 1 90” Left Flail Mower Deck Owners/Parts/Tech Manuals (Paper) IF DELIVERED BEFORE APRIL 15, 2018, WARRANTY TO START APRIL 15, 2018. Page 58 of 216 CITY OF WATERLOO BID FORM ONE (1) USED 2012 JOHN DEERE 7330 TRACTOR WITH MOWER ATTACHMENTS COMPLETE Our bid for one (1) used 2012 John Deere 7330 Tractor with mower attachments meeting the specifications as previously stated in these bid documents, delivered F.O.B. to Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa, ready for use by the City of Waterloo: ________________________________________________ $______________ Trade value on used 2003 John Deere 6420 Tractor with mower attachments: ________________________________________________ $______________ Delivery deadline for this unit is April 15, 2018. Failure to deliver to the City of Waterloo on or before the designated date shall result in a penalty at a daily rate of $50.00 per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life Cycle Analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records and vendor’s past performance records will be considered where applicable. Bidder________________________________________________________________ Company Name ________________________________________________________________ Address ________________________________________________________________ City State Zip Code Contact Person_________________________________________________________ Signature ________________________________ Date_________________________ Phone __________________________________ Fax _________________________ Page 59 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving the req uest of Kris ty Herb rands on for tax exemp tions o n the c o nstruc tion a new single family home valued at $410,000 for p ro p erty lo c ated at 1124 P artrid ge Lane, and lo cated in the C ity Limits Urb an R evitalizatio n Area (C L UR A). City Council Meeting: 11/20/2017 Prepared: 11/15/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning S chroeder, Aric Approved 11/15/2017 - 11:33 AM C lerk O ffice E ven, L eAnn Approved 11/15/2017 - 11:45 AM ATTA C H M EN TS : Description Type M ap B ackup M aterial Application B ackup M aterial S UB J E C T: R es o lution approving the req uest of Kris ty Herbrand s o n fo r tax exemp tions o n the c ons truc tio n a new s ingle family home valued at $410,000 fo r p ro p erty lo c ated at 1124 P artrid ge Lane, and lo cated in the C ity Limits Urb an R evitalizatio n Area (C L UR A). S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: R es o lution approving the C L UR A ap p lic ation from Kris ty Herbrand s on for the c o nstruc tio n o f a s ingle family ho me lo c ated at 1124 P artrid ge Lane, Waterlo o , Iowa 50701, valued at $410,000.00, and autho rize Mayo r and C ity C lerk to exec ute said d o cuments . S ummary S tatement: T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes o n the ac tual value added to the residential property und er the C ity Limits Urb an R evitalizatio n Area P lan. Exp enditure R equired :N/A S ource o f F und s :N/A P olic y Issue:C L UR A Alternative:N/A Background I nformatio n:N/A Legal Desc riptio ns :Audub o n Heights F ifth Additio n Lo t 16 Page 60 of 216 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. 0 300 600150Feet ® F a l c o n R i d g e H o f f R o a d 1124 Partridge Ln. Shaulis Rd Partridge Lane Page 61 of 216 P a g e 6 2 o f 2 1 6 C ITY OF WATER LOO Council Communication R ecommendatio n o f appointment o f Laura Wolff, from the C ivil S ervice lis t, to the positio n o f C MO M C o o rd inato r, at the Was te Managagement Dep artment, effec tive Novemb er 21, 2017. City Council Meeting: 11/20/2017 Prepared: 11/9/2017 R EV I EWER S : D epartment R eviewer Action D ate Waste Management H oambrecker, S teven Approved 11/9/2017 - 4:57 P M C lerk O ffice H igby, Nancy Approved 11/13/2017 - 5:08 P M S UB J E C T: R ecommendatio n o f appointment o f Laura Wolff, from the C ivil S ervic e lis t, to the position of C MO M C o o rd inato r, at the Was te Managagement Dep artment, effective No vember 21, 2017. S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Managment S ervic es R ec o mmended Ac tio n:R eq uest ap p ro val o f appointment S ummary S tatement:T he Human R es ources C o mmittee appro ved filling this p o s ition at the August 17, 2017 meeting. C ivil S ervic e lis t c ertified Novemb er 9, 2017. Exp enditure R equired :$88,039.80 inc luding b enefits Page 63 of 216 C ITY OF WATER LOO Council Communication R ecommendatio n o f C ultural & Arts Director fo r the ap p o intment of C herie Kabba, from the C ivil S ervic e lis t, to the position of Events C o o rd inato r, effec tive No vember 21, 2017. City Council Meeting: 11/20/2017 Prepared: 11/16/2017 R EV I EWER S : D epartment R eviewer Action D ate Airport E ven, L eAnn Approved 11/16/2017 - 5:57 P M S UB J E C T: R ecommendatio n o f C ultural & Arts Direc tor fo r the ap p o intment of C herie Kab b a, from the C ivil S ervice lis t, to the pos itio n o f Events C oordinato r, effective Novemb er 21, 2017. S ub mitted by:S ubmitted By: Kent S hankle, C ultural & Arts Directo r R ec o mmended Ac tio n:Ap p ro val of ap p o intment. Page 64 of 216 C ITY OF WATER LOO Council Communication R eq uest from the Was te Management Direc to r to appoint Allen F ec ht from the C ivil S ervic e list to the pos itio n o f Instrument C ontrol Tec hnician with an effec tive d ate o f Dec emb er 11, 2017. City Council Meeting: 11/20/2017 Prepared: 11/13/2017 R EV I EWER S : D epartment R eviewer Action D ate Waste Management H oambrecker, S teven Approved 11/14/2017 - 11:28 AM C lerk O ffice H igby, Nancy Approved 11/14/2017 - 12:39 P M S UB J E C T: R eq uest fro m the Waste Management Direc to r to appoint Allen F ec ht fro m the C ivil S ervic e lis t to the p o s ition of Ins trument C o ntro l Technic ian with an effective date of December 11, 2017. S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es R ec o mmended Ac tio n:Ap p ro ve motio n fo r appointment S ummary S tatement:T he Human R es ources C o mmittee appro ved filling this p o s ition August 10, 2017. Page 65 of 216 C ITY OF WATER LOO Council Communication R ecommendatio n o f appointment o f Ken F o s s II I to the p o s ition of P ark Maintenance I I C ons tructio n in the Leis ure S ervic es Dep artment. City Council Meeting: 11/20/2017 Prepared: 11/13/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 12:51 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 10:22 AM ATTA C H M EN TS : Description Type P ersonnel R equisition P M I I C onstruction C over Memo S UB J E C T:R ecommendatio n o f appointment o f Ken F o s s II I to the p o s ition of P ark Maintenanc e I I C ons tructio n in the Leisure S ervic es Department. S ub mitted by:S ubmitted By: P aul Huting, Leis ure S ervic es Directo r R ec o mmended Ac tio n:R ecommend Approval of ap p o intment with effective d ate o f Dec emb er 4, 2017. S ummary S tatement:T he Human R es ource C o mmittee approved filling this p o s ition on July 27, 2017. Exp enditure R equired :S alary $53,664 Benefits $24,258 S ource o f F und s :F und ing is availab le for this positio n in the 4100 P arks operating bud get. P olic y Issue: T his appointment wo uld s upport the C ity o f Waterloo S trategic P lan: S trategy 1.7 - S eek ways to create a live, work, learn, and play environment with amenities that attract and retain p o pulation in Waterloo. S trategy 4.5 - Maintain facilities that support quality of p lace. Background I nformatio n: T his position is o p en d ue to a resignation. T his is a c ritic al positio n, nec es s ary to addres s maintenance and s afety is s ues in the C ity's 52 parks and Leis ure S ervices facilities . T his position is als o performs an imp o rtant ro le in floo d preparatio ns and read iness. Duties includ e park and playgro und inspec tions and maintenance to inc lude rough and finis h carpentry, maso nry, and d uties as as s igned Page 66 of 216 P a g e 6 7 o f 2 1 6 C ITY OF WATER LOO Council Communication R ecommendatio n o f appointment o f R obert J. T ho mp s o n to the positio n of P ark Maintenanc e I I F o res try in the Leisure S ervic es Department. City Council Meeting: 11/20/2017 Prepared: 11/14/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 1:16 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 10:22 AM ATTA C H M EN TS : Description Type P ersonnel R equisition P ark M aint. I I F orestry C over Memo S UB J E C T:R ecommendatio n o f appointment o f R ob ert J. T ho mp s o n to the position of P ark Maintenance I I F orestry in the Leisure S ervic es Department. S ub mitted by:S ubmitted By: P aul Huting, Leis ure S ervic es Directo r R ec o mmended Ac tio n:R ecommend Approval of ap p o intment with effective d ate o f Novemb er 21, 2017. S ummary S tatement:T hu Human R es o urc es C ommittee ap p rove filling this positio n o n S ep tember 18, 2017. Exp enditure R equired :S alary $53,664 Benefits $24,248 S ource o f F und s :F und ing is availab le for this positio n in the 4100 P arks operating bud get. P olic y Issue: T his appointment wo uld s upport the C ity o f Waterloo S trategic P lan: S trategy 1.7 - S eek ways to create a live, work, learn, and play environment with amenities that attract and retain p o pulation in Waterloo. S trategy 4.5 - Maintain facilities that support quality of p lace. Background I nformatio n: T his vacanc y is due to a trans fer. T his pos itio n is need ed to maintain the 25,000 public trees in parks , golf cours es , and along s treets . T he recent Emerald As h Bo rer infes tatio n has greatly inc reas ed the wo rk lo ad with tho usand s o f trees dying and need ing to b e removed and replac ed . T his p o s ition has d uties that help keep our parks and s treets safe b y mitigating p o tential hazard s from uns afe and dying trees . It is als o important to p ro p erly trim, p lant, and care fo r our urban fores t resource. Page 68 of 216 P a g e 6 9 o f 2 1 6 C ITY OF WATER LOO Council Communication R ecommendatio n o f appointment o f P eter S teub en to the positio n o f G o lf Maintenanc e I I in the Leisure S ervic es Dep artment. City Council Meeting: 11/20/2017 Prepared: 11/14/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 1:39 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 10:22 AM ATTA C H M EN TS : Description Type P ersonnel R equisition G olf M aint. I I C over Memo S UB J E C T:R ecommendatio n o f appointment o f P eter S teub en to the positio n o f G olf Maintenanc e I I in the Leis ure S ervic es Dep artment. S ub mitted by:S ubmitted By: P aul Huting, Leis ure S ervic es Directo r R ec o mmended Ac tio n:R ecommend Approval of ap p o intment with effective d ate o f Novemb er 21, 2017. S ummary S tatement:T he Human R es ources C o mmittee appro ved this at their S ep tember 18, 2017 meeting. Exp enditure R equired :S alary $57,491 Benefits $24,748 S ource o f F und s :F und ing is availab le for this positio n in the 4120 G o lf operating bud get. P olic y Issue: T his appointment wo uld s upport the C ity o f Waterloo S trategic P lan: S trategy 1.7 - S eek ways to create a live, work, learn, and play environment with amenities that attract and retain p o pulation in Waterloo. S trategy 4.5 - Maintain facilities that support quality of p lace. Background I nformatio n: T his position is o p en d ue to a retirement. T he p o s ition performs critical maintenanc e tas ks o n municipal golf cours es and s upervis es seasonal staff. T his position als o is respons ib le for d ay-to-day go lf c o urse o p erations in the ab s enc e of the G olf I I I. S no w remo val duties across the C ity and emergency flo o d readines s and c leanup d uties are als o key reas o ns to fill this p o s ition pro mp tly. Page 70 of 216 P a g e 7 1 o f 2 1 6 C ITY OF WATER LOO Council Communication R eq uest by S tand ard Distrib utio n C o mp any, Inc . for a site plan amend ment to the “M-2,P ” P lanned Indus trial Dis tric t, to allo w fo r the cons tructio n o f a 50,000 s q uare fo o t indus trial b uild ing, with a 26 acre laydown yard , lo cated no rth o f 3040 Leversee R o ad . City Council Meeting: 11/20/2017 Prepared: 11/15/2016 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning S chroeder, Aric Approved 11/15/2017 - 11:22 AM C lerk O ffice E ven, L eAnn Approved 11/15/2017 - 11:45 AM ATTA C H M EN TS : Description Type C ouncil L tr Attachments - S tandard Distribution C over Memo S UB J E C T: Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing. HO LD HEAR ING - No C o mments on file. Motio n to c lo s e pub lic hearing and receive and file oral and written comments and rec o mmendatio n o f appro val o f the P lanning, P ro gramming and Zo ning C ommis sion. Motio n to rec eive, file, c o nsider and p as s fo r the firs t time an o rd inance amending O rd inance No . 5079, as amended, C ity o f Waterloo Zo ning O rdinanc e, by amend ing the o fficial Zo ning Map referred to in S ectio n 10-4- 4, approving a S ite P lan Amendment o n c ertain property lo cated no rth o f 3040 Levers ee R oad. Motio n to s us p end the rules . Motio n to c o ns ider and p as s for the sec ond and third times and ad o p t s aid o rd inance. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n:Ap p ro val Transmitted herewith is a req uest to appro ve the reques t b y S tand ard Dis tributio n C o mp any, Inc . fo r a s ite p lan amend ment to the “M-2,P ” P lanned Ind us trial District to allow for the c ons tructio n o f a 50,000 S F indus trial build ing with a 26 ac re layd o wn yard, loc ated just no rth of 3040 Leversee R oad. T he applic ant is reques ting to cons truct a new indus trial b uilding with an acc o mp anying railyard and laydown area. T he reques t would no t ap p ear to have a negative imp act on the s urrounding neighb o rhood o r land us e. T he area is mos tly c omprised o f light ind ustrial d evelopment and the new build ing and railyard wo uld ap p ear to be in charac ter with that. T he reques t would Page 72 of 216 S ummary S tatement: not appear to have a negative imp act on vehic ular or p ed es trian traffic mo vements in the area. T he area is s erved by Levers ee R oad, whic h is classified as a C ollec tor S treet. Highway 218 is not loc ated far from the s ite in q uestion and is classified as a P rinc ipal Arterial. T he area in ques tion is zo ned “M-2,P ” P lanned Indus trial Dis tric t and has b een zo ned as s uc h s inc e March 13, 1995. S urro und ing land us es and their zo ning d es ignatio ns are as fo llo ws: North – Vac ant develo p ment gro und and the Waterloo R egional Airport, zo ned “M-2,P ” P lanned Indus trial Dis tric t. S outh – Exis ting light indus trial d evelopment, zo ned “M-1” Light Ind us trial Dis tric t. East – Vac ant develo p ment gro und and the Waterloo R egional Airp o rt, zo ned “M-2,P ” P lanned Indus trial Dis tric t. West – Levers ee R oad and the C ity o f C ed ar F alls , zoned “M-1” Light Ind ustrial Dis tric t. T he propo s ed s truc ture is 200’x 250’ (50,000 S F ) and is s ituated to the s o uthwes t of the Waterloo R egional Airport. T here will b e a 26 ac re laydown yard s urround ing the p ro p o s ed build ing with multip le rail s p urs and a future laydown yard of 10.55 acres in the future. T he parking requirements for a wareho use is o ne p arking s p ace fo r eac h two p ers o ns regularly emp lo yed on the premises . At this time it is no t kno wn how many emp lo yees will b e at the wareho use, however, with a 26 acre laydo wn yard , there appears to b e a s uffic ient amo unt o f spac e for p arking. T he p arking area shall be laid out in an o rganized fo rm to fac ilitate proper traffic flo w and mo vements. It should b e no ted that all vehicular us e areas and driveways shall be p ro p erly p aved with either c onc rete or as p halt. At their O c tober 3, 2017 meeting the P lanning, P ro gramming and Zo ning C o mmis s ion unanimo usly rec o mmended approval of the reques t, with the cond ition that the final site plan meets all applic ab le c ity c o d es , inc luding but not limited to, parking, landsc ap ing, d rainage, etc., exc ep t as spec ifically altered b y approval of the site plan amendment.. Exp enditure R equired :No ne S ource o f F und s :No ne required P olic y Issue:Land Us e and Econo mic Development, p o lic ies 1, 3 and 4. S AI D P R O P ERT Y I S L E G ALLY DES C R I BED AS : L O C AT ED W IT HIN R ELEAS E PAR C EL "D", WAT ER LO O R E G I O NAL AIR P O R T I N T HE S O UT HW ES T 1/4 O F S E C T I O N 5, T O W NS HI P 89 NO RT H, R ANG E 13 W ES T O F T HE 5th P.M., BLAC K HAW K C O UNT Y, I O WA. MO R E PART I C ULAR LY DES C R I BED AS F O L L O W S : C O MMENC I NG AT T HE S O UT HW ES T C O R NER O F S AI D S E C T I O N 5; T HENC E, N0°36'45"E 795.20' ALO NG T HE W E S T L I NE O F T HE S O U T HW E S T 1/4 O F S AI D S E C T I O N 5; T HENC E, S 89°23'15"E 33.00' T O A P O I NT O N T HE EAS T R I G HT O F WAY L I NE O F LEVER S EE R O AD, S AI D P O INT AL S O BEI NG T HE P O I NT O F BEG I NNI NG ; T HE NC E, N0°36'45"E 1189.63' ALO NG Page 73 of 216 Legal Desc riptio ns : S AI D EAS T R I G HT O F WAY L I NE TO T HE NO RT HW ES T C O R NER O F R ELEAS E PAR C E L "D"; T HENC E, S 89°08'07"E 651.72' ALO NG T HE NO R T H L I NE O F S AID R ELEAS E PAR C EL "D"; T HENC E, S 36°15'04"E 672.24'; T HENC E, S 0°36'45"W 716.50' TO A P O I NT O N T HE NO R T H R I G HT O F WAY LI NE O F C HI C AG O , C E NT R AL & PAC I F I C R AI L R O AD; T HENC E, N89°12'38"W 362.69' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE; T HENC E, W ES T ER LY 424.56' AL O NG T HE AR C O F A 2370.51' R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D BEAR I NG O F N86°21'38"W AND A C HO R D D I S TANC E O F 423.99' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE; T HENC E, W ES T ER LY 272.64' AL O NG T HE AR C O F A 2557.26' R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D BEAR I NG O F N80°04'51"W AND A C HO R D D I S TANC E O F 272.51' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE TO T HE P O I NT O F BEG I NNI NG C O NTAINI NG 27.58 AC R E S . S UBJEC T TO EAS EME NT S AND R ES T R I C T I O NS O F R EC O R D, I F ANY. Page 74 of 216 October 3, 2017 10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 1 of 3 REQUEST: Request by Standard Distribution Company, Inc. for a site plan amendment to the “M-2,P” Planned Industrial District to allow for the construction of a 50,000 SF industrial building with a 26 acre laydown yard, located at 2802-2850 Livingston Lane. The location in question is actually just north of 3040 Leversee Road. APPLICANT: Standard Distribution Company, Inc., 1109 Viking Road, Cedar Falls, IA 50613 GENERAL DESCRIPTION: The applicant is requesting to construct a new industrial building with an accompanying railyard and laydown area. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is mostly comprised of light industrial development and the new building and railyard would appear to be in character with that. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road, which is classified as a Collector Street. Highway 218 is not located far from the site in question and is classified as a Principal Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails located within the immediate vicinity of the site in question. The potential exists for more pedestrian accommodations to be extended in this area. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned “M-2,P” Planned Industrial District and has been zoned as such since March 13, 1995. Surrounding land uses and their zoning designations are as follows: North – Vacant development ground and the Waterloo Regional Airport, zoned “M-2,P” Planned Industrial District. South – Existing light industrial development, zoned “M-1” Light Industrial District. East – Vacant development ground and the Waterloo Regional Airport, zoned “M-2,P” Planned Industrial District. West – Leversee Road and the City of Cedar Falls, zoned “M-1” Light Industrial District. DEVELOPMENT HISTORY: The area where the new building would be constructed is primarily undeveloped, however, there is light industrial development to the south that occurred in the 1960s and 1970s. BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: There is no buffering or screening required as a part of this request, however, the applicant will need to submit and execute an approved landscaping plan as part of the of the building permit process. DRAINAGE: If approved, the applicant will need to submit a storm water drainage and detention plan to the Engineering Department prior to Page 75 of 216 October 3, 2017 10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 2 of 3 issuance of any building permits. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0166F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: There are no schools located within the nearby vicinity. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is a 12” sanitary sewer line located in West Airline Highway to the south at its intersection with Leversee Road. There is a 12” water main in Leversee Road that stops at the south side of the railroad tracks, and it is planned to extend that line to service this new development. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Industrial uses are intensive and generally involve production, manufacturing, and/or assembly functions. STAFF ANALYSIS – ZONING ORDINANCE: The “M-2,P” Planned Industrial District is meant to permit the establishment of industrial parks and to provide for the orderly planned growth of industries in large tracts of land, allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time, minimize any adverse effect upon adjacent properties in other zoning districts. Specific things that are looked at in this section of the Zoning Ordinance is orderly growth and development, traffic patterns and compatible design and use be preserved. The proposed structure is 200’x 250’ (50,000 SF) and is situated to the southwest of the Waterloo Regional Airport. There will be a 26 acre laydown yard surrounding the proposed building with multiple rail spurs and a future laydown yard of 10.55 acres in the future. The parking requirements for a warehouse is one parking space for each two persons regularly employed on the premises. At this time it is not known how many employees will be at the warehouse, however, with a 26 acre laydown yard, there appears to be a sufficient amount of space for parking. The parking area shall be laid out in an organized form to facilitate proper traffic flow and movements. It should be noted that all vehicular use areas and driveways shall be properly paved with either concrete or asphalt. At this time, no side building elevations have been submitted for review, however, staff has made contact with the architect and they are currently working on them. It should be noted that the parcel in question is listed as 2802 -2850 Livingston Lane, which is the address of the Waterloo Regional Airport’s terminal, however, the location of the building is located north of 3040 Leversee Road. When the new building is Page 76 of 216 October 3, 2017 10_3_17 SPA M2P - 2850 Livingston Ln - 50000 SF bldg Page 3 of 3 constructed, it will have an address listed off of Leversee Road. STAFF ANALYSIS – SUBDIVISION ORDINANCE: It is anticipated that a plat will be coming in the future to split the property in question off from the overall airport property. STAFF RECOMMENDATION: Therefore, staff recommends that the request for a site plan amendment in the “M-2,P” Planned Industrial District to allow for the construction of a 50,000 SF building be approved, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is primarily comprised of light industrial development. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Industrial. Subject to the following condition: 1. That the final site plan meets all applicable city code s, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Page 77 of 216 P a g e 7 8 o f 2 1 6 P a g e 7 9 o f 2 1 6 O. H D O O R MT L P A N E L PR E F I N . S H T . M T L . GU T T E R & D O W N S P O U T EXP. FOUNDATION H. M W A L K D O O R MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR Pa g e 8 0 o f 2 1 6 O. H D O O R PR E F I N . S H T . M T L . GU T T E R & D O W N S P O U T EX P . F O U N D A T I O N H. M W A L K D O O R MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR MT L P A N E L Pa g e 8 1 o f 2 1 6 Pa g e 8 2 o f 2 1 6 Page 83 of 216 C ITY OF WATER LOO Council Communication S ale and c o nveyanc e of city o wned property loc ated north o f 3040 Leversee R oad, in the amo unt o f $1.00, to S DC R eal Es tate, LLC , includ ing a Develop ment Agreement. City Council Meeting: 11/20/2017 Prepared: 11/15/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning S chroeder, Aric Approved 11/15/2017 - 11:24 AM C lerk O ffice E ven, L eAnn Approved 11/15/2017 - 11:50 AM ATTA C H M EN TS : Description Type Development Agrement B ackup M aterial Lot L ayout B ackup M aterial S UB J E C T: Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing. HO LD HEAR ING - No comments o n file. Motio n to c lo s e hearing and rec eive and file o ral and written comments. R es o lution autho rizing sale and conveyanc e o f c ity owned p ro p erty generally lo cated north o f 3040 Leversee R o ad in the amount of $1.00, to S DC R eal Es tate, LLC , and autho rize the Mayo r and C ity C lerk to execute s aid d o cuments . R es o lution approving a Development Agreement with S DC R eal Es tate, L L C , and autho rizing the Mayo r and C ity C lerk to execute s aid agreement. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n:Ap p ro ve Develo p ment Agreement S ummary S tatement: T he C ity of Waterlo o is working with S tand ard Dis trib utio n fo r their expans io n plans in Waterloo. C ard inal will be cons tructing a new 50,000 s q. ft. distrib ution c enter on the s ite with an es timated value of $1.8 million. T he C ity will be deeding land and o ffering tax rebates at 5 years at 50% fo r the p ro ject, through the Development Agreement. Exp enditure R equired :T I F S ource o f F und s :T I F funds P olic y Issue:P o licies 1, 2, and 4 in the S trategic P lan d ealing with ec o nomic develo pment. Alternative:No t ap p rove T he C ity ac q uired this land as a part of an FAA R elease in . It has b een Page 84 of 216 Background I nformatio n: d es ignated and planned fo r ind ustrial development, so this projec t fits well with the goal and s urrounding land uses in this area. T he Development Agreement wo uld d eed 27.58 acres to S tand ard Dis tributio n fo r the p ro ject. T he projec t will inc lud e two rail spurs to allo w fo r trans loading capabilities for their bus ines s . T he C ity has b een working with the C hic ago C entral R ail and Engineers to develo p an overall ind us trial p ark layout for this s ite and the ad d itional 240 acres available to the no rth, alo ng Levers ee R o ad , fo r develo p ment. T he C ity is working to ward cons truction of a pub lic rail line that will allo w fo r private s p urs fo r b usines s es in the area. S anitary sewer will als o be cons tructed to the s ite and Water Works is cons tructing a line alo ng Levers ee R o ad to allow for further d evelopment in the area. Legal Desc riptio ns : L O T 1 LO C AT ED W I T HI N R ELEAS E PAR C EL "D", WAT ER LO O R E G I O NAL AIR P O R T I N T HE S O UT HW ES T 1/4 O F S E C T I O N 5, T O W NS HI P 89 NO RT H, R ANG E 13 W ES T O F T HE 5th P.M., BLAC K HAW K C O UNT Y, I O WA. MO R E PART I C ULAR LY DES C R I BED AS F O L L O W S : C O MMENC I NG AT T HE S O UT HW ES T C O R NER O F S AI D S E C T I O N 5; T HENC E, N0°36'45"E 795.20' ALO NG T HE W E S T L I NE O F T HE S O U T HW E S T 1/4 O F S AI D S E C T I O N 5; T HENC E, S 89°23'15"E 33.00' T O A P O I NT O N T HE EAS T R I G HT O F WAY L I NE O F LEVER S EE R O AD, S AI D P O INT AL S O BEI NG T HE P O I NT O F BEG I NNI NG ; T HE NC E, N0°36'45"E 1189.63' ALO NG S AI D EAS T R I G HT O F WAY L I NE TO T HE NO RT HW ES T C O R NER O F R ELEAS E PAR C E L "D"; T HENC E, S 89°08'07"E 651.72' ALO NG T HE NO R T H L I NE O F S AID R ELEAS E PAR C EL "D"; T HENC E, S 36°15'04"E 672.24'; T HENC E, S 0°36'45"W 716.50' TO A P O I NT O N T HE NO R T H R I G HT O F WAY LI NE O F C HI C AG O , C E NT R AL & PAC I F I C R AI L R O AD; T HENC E, N89°12'38"W 362.69' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE; T HENC E, W ES T ER LY 424.56' AL O NG T HE AR C O F A 2370.51' R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D BEAR I NG O F N86°21'38"W AND A C HO R D D I S TANC E O F 423.99' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE; T HENC E, W ES T ER LY 272.64' AL O NG T HE AR C O F A 2557.26' R ADI US C URVE, C O NC AVE NO RT HER LY, HAVI NG A C HO R D BEAR I NG O F N80°04'51"W AND A C HO R D D I S TANC E O F 272.51' AL O NG S AI D NO R T H R AI LR O AD R I G HT O F WAY L I NE TO T HE P O I NT O F BEG I NNI NG C O NTAINI NG 27.58 AC R E S . S UBJEC T TO EAS EME NT S AND R ES T R I C T I O NS O F R EC O R D, I F ANY. Page 85 of 216 P a g e 8 6 o f 2 1 6 P a g e 8 7 o f 2 1 6 P a g e 8 8 o f 2 1 6 P a g e 8 9 o f 2 1 6 P a g e 9 0 o f 2 1 6 P a g e 9 1 o f 2 1 6 P a g e 9 2 o f 2 1 6 P a g e 9 3 o f 2 1 6 P a g e 9 4 o f 2 1 6 P a g e 9 5 o f 2 1 6 P a g e 9 6 o f 2 1 6 P a g e 9 7 o f 2 1 6 P a g e 9 8 o f 2 1 6 P a g e 9 9 o f 2 1 6 P a g e 1 0 0 o f 2 1 6 P a g e 1 0 1 o f 2 1 6 P a g e 1 0 2 o f 2 1 6 P a g e 1 0 3 o f 2 1 6 O. H D O O R MT L P A N E L PR E F I N . S H T . M T L . GU T T E R & D O W N S P O U T EXP. FOUNDATION H. M W A L K D O O R MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR Pa g e 1 0 4 o f 2 1 6 O. H D O O R PR E F I N . S H T . M T L . GU T T E R & D O W N S P O U T EX P . F O U N D A T I O N H. M W A L K D O O R MTL PANELPREFIN. SHT. MTL.FASCIA H.M WALK DOOR MT L P A N E L Pa g e 1 0 5 o f 2 1 6 C ITY OF WATER LOO Council Communication S ale and c o nveyanc e of city o wned property loc ated near C halmers Drive and the No rtheas t corner of Ansborough Avenue and Upto n Avenue, in the amo unt o f $15,001, to Village C reek R entals , L L C , inc lud ing a Development Agreement. City Council Meeting: 11/20/2017 Prepared: 11/15/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning S chroeder, Aric Approved 11/15/2017 - 11:24 AM C lerk O ffice E ven, L eAnn Approved 11/15/2017 - 11:30 AM ATTA C H M EN TS : Description Type Development Agreement B ackup M aterial Upton L ot M ap B ackup M aterial C halmers L ot M ap B ackup M aterial S UB J E C T: Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing. HO LD HEAR ING - No comments o n file. Motio n to c lo s e hearing and rec eive and file o ral and written comments. R es o lution autho rizing sale and conveyanc e o f c ity owned p ro p erty generally lo cated alo ng C halmers Drive and the Northeas t c o rner o f Ansborough Avenue and Upto n Avenue in the amo unt of $15,001, to Village C reek R entals , LLC , and autho rize the Mayo r and C ity C lerk to execute s aid d o cuments . R es o lution approving a Development Agreement with Village C reek R entals , L L C , and autho rizing the Mayo r and C ity C lerk to execute s aid agreement. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n:Ap p ro ve Develo p ment Agreement S ummary S tatement: T he C ity of Waterlo o is working with Village C reek R entals, LLC to allow fo r c o nstruc tio n o f residential p ro p erties on the lo ts lo cated at 1005 C halmers,1017 C halmers and a parc el of land at the northeast c o rner of Up ton Ave and Ans borough Ave with values no les s than $50,000. T he d eveloper will als o b e c o nstruc ting a 3,250 s q uare fo o t commerc ial building with a to tal value o f no less than $140,000. Up o n the issuanc e of a certificate o f oc cup anc y fo r eac h res id ential p ro p erty the d eveloper will receive $5,000.00 as reimburs ement of the allo c ated portio n o f the P urc has e P rice and an additio nal $5,000.00 as an ad d itional incentive payment for a total incentive o f $10,000.00 fo r eac h res idential p ro p erty per the new 657A lo t d evelop ment polic y. Page 106 of 216 Exp enditure R equired :$10,000 per res id ential Unit p er new 657A lo t d evelopment p o licy. S ource o f F und s :Bond P olic y Issue:P o licies 1, 3, and 4 in the S trategic P lan d ealing with ec o nomic develo pment. Alternative:No t ap p rove Background I nformatio n: T he C ity ac q uired the lots at 1005 C halmers and 1017 C halmers thro ugh the s tate 657A proc es s for d ilap id ated s tructures . T he C ity p urc hased the lo t lo cated at the no rtheas t corner of Up ton Ave and Ansborough Avenue in 2015 for develo p mental purp o s es . Legal Desc riptio ns : Lo t 6, Bloc k 16 Downing P lace, C ity o f Waterlo o , Iowa (1005 C halmers Avenue, Waterlo o ) Als o : Lo t 7 Bloc k 16, Downing P lace, C ity o f Waterlo o , Iowa (1017 C halmers Avenue, Waterlo o ) Als o : A p arcel of land loc ated in part of Lots "A" and "B" in Hummel Ad d ition to Waterlo o , I o wa, des c rib ed as fo llo ws: Beginning at the S o utheast C o rner of s aid Lo t No. "B"; thenc e north 01 d egrees 33 minutes 52 s econd s East, 100.02 feet along the East line of s aid Lo t No . "B"; thence No rth 89 d egrees 25 minutes 28 sec ond s Wes t, 116.68 feet to a point o n the East line o f the Wes t 11 feet o f s aid Lot No . "B"; thenc e No rth 01 Degrees 27 minutes 26 s econd s Eas t, 223.92 feet alo ng s aid line; thenc e S outh 60 degrees 38 minutes 58 sec o nds Wes t, 76.67 feet; thenc e S outh 01 degrees 22 minutes 05 s econd s Wes t. 285.67 feet to a p o int o n the S o uth line of s aid Lo t No . "A"; thence S outh 89 degrees 25 minutes 28 s econd s Eas t, 181.91 feet along said line to the point of b eginning, exc ept the Easterly 16 feet thereo f in even width. Page 107 of 216 P a g e 1 0 8 o f 2 1 6 P a g e 1 0 9 o f 2 1 6 P a g e 1 1 0 o f 2 1 6 P a g e 1 1 1 o f 2 1 6 P a g e 1 1 2 o f 2 1 6 P a g e 1 1 3 o f 2 1 6 P a g e 1 1 4 o f 2 1 6 Exhibit “A” Legal Description Lot 6, Block 16 Downing Place, City of Waterloo, Iowa (1005 Chalmers Avenue, Waterloo) Also: Lot 7 Block 16, Downing Place, City of Waterloo, Iowa (1017 Chalmers Avenue, Waterloo) Also: A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 115 of 216 Exhibit “A-1” Upton Parcel Legal Description A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Beginning at the Southeast Corner of said Lot No. "B"; thence north 01 degrees 33 minutes 52 seconds East, 100.02 feet along the East line of said Lot No. "B"; thence North 89 degrees 25 minutes 28 seconds West, 116.68 feet to a point on the East line of the West 11 feet of said Lot No. "B"; thence North 01 Degrees 27 minutes 26 seconds East, 223.92 feet along said line; thence South 60 degrees 38 minutes 58 seconds West, 76.67 feet; thence South 01 degrees 22 minutes 05 seconds West. 285.67 feet to a point on the South line of said Lot No. "A"; thence South 89 degrees 25 minutes 28 seconds East, 181.91 feet along said line to the point of beginning, except the Easterly 16 feet thereof in even width. Page 116 of 216 P a g e 1 1 7 o f 2 1 6 P a g e 1 1 8 o f 2 1 6 P a g e 1 1 9 o f 2 1 6 P a g e 1 2 0 o f 2 1 6 Upton Ave / City of Waterloo, I ow aNote: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. A n s b o r o u g h A v e Page 121 of 216 A N S B O R O U G H A V E H A R T M A N A V E C H A L M E R S A V E / City of Waterloo, Iowa Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information. Residential Development Lots 1005 Chalmers 1017 Chalmers Page 122 of 216 C ITY OF WATER LOO Council Communication F lo w Eq ualization F ac ility O verflow C onnec t to S atellite W P F C , C ity C ontrac t No . 880. City Council Meeting: 11/20/2017 Prepared: 11/13/2017 R EV I EWER S : D epartment R eviewer Action D ate Waste Management H oambrecker, S teven Approved 11/14/2017 - 11:28 AM C lerk O ffice E ven, L eAnn Approved 11/14/2017 - 2:29 P M ATTA C H M EN TS : Description Type B id Tab B ackup M aterial S UB J E C T: Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing. HO LD HEAR ING - No comments o n file. Motio n to c lo s e hearing and rec eive and file o ral and written comments. R es o lution c o nfirming ap p ro val o f plans , s pec ificatio ns, form o f c o ntrac t, etc . R es o lution autho rizing to p ro ceed. Motio n to rec eive, file and instruc t the C ity C lerk to read b id s and refer to Directo r of Was te Management S ervic es . S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es Page 123 of 216 Flow Equalization Facility Overflow Connect to Satellite WPCF, City Contract No. 880 Bid Opening: November 16, 2017 Estimate: $800,000 Bid Security Required Bidder Bid Security Bid Amount MZ Construction, Inc. Linden, WI 5% $695,000 Ricklefs Excavating Ltd. Anamosa, IA 5% $693,700 Graff Excavating, Inc. Toledo, IA 5% $842,000 WRH, Inc. Amana, Inc. 5% $713,600 Page 124 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving c o ntracts , b o nds and c ertific ates o f ins urance with Wo o d ruff C o nstruc tion, L L C o f Waterlo o , Iowa, for the Hangar No . 4 R ehab ilitatio n P ro ject at the Waterloo R egional Airp o rt, via I DO T P ro ject No. 9-I -180-ALO -200, and I DO T C ontrac t No . 19559, in the amount of $65,522, and autho rize the Mayo r and C ity C lerk to execute s aid doc uments . City Council Meeting: 11/20/2017 Prepared: 11/9/2017 R EV I EWER S : D epartment R eviewer Action D ate Airport E ven, L eAnn Approved 11/13/2017 - 10:56 AM S UB J E C T: R es o lution approving c o ntracts , b o nds and c ertific ates o f ins urance with Woodruff C o ns truc tion, L L C of Waterloo, Io wa, for the Hangar No . 4 R ehabilitatio n P ro ject at the Waterlo o R egional Airp o rt, via I DO T P rojec t No . 9-I-180-ALO -200, and I DO T C ontrac t No. 19559, in the amount o f $65,522, and authorize the Mayor and C ity C lerk to exec ute said d o cuments . S ub mitted by:S ubmitted By: Keith Kaspari, Airp o rt Direc tor R ec o mmended Ac tio n:Ap p ro ve c o ntract, b o nds and certificate o f ins urance. Exp enditure R equired :$65,000 S ource o f F und s : T his projec t will be fund ed at 100% by the us e of the Io wa Dep t. of Transportatio n - and the O ffic e of Aviatio n's - C ommerc ial S ervice Vertic al Infras tructure (C S VI) P rogram. T here is no C ity o f Waterloo nor Airp o rt Dep artment required grant match. To complete this projec t, will require the full alloc ation of fund s for F Y-2018 ($61,563.00), in additio n o f unspent C S VI funds fro m a p revious I DO T F is cal Year, as you c an s ee from the attac hed Engineer's Estimate and F inancial P lan. P olic y Issue: T his projec t c o mp lies with the C ity of Waterloo's S trategic P lan, as follo ws : G oal No : 3, and S trategies Nos: 3.1, 3.3, 3.4, 3.5 and 3.7. G oal No : 4, and S trategies Nos: 4.1 and 4.5. Alternative:No projec t alternatives were s elected for this p ro ject and us e of fund s . T his projec t will c o ntinue previo us years wo rk and p ro jects , to allo cate as many I DO T C S VI grant funds as possib le, fo r the o ngo ing improvement o f C ity of Waterloo o wned - yet, leas ed buildings at the Waterloo R egional Airp o rt. Page 125 of 216 Background I nformatio n: It is the goal and o b jective o f Airp o rt S taff, to continue the vertic al infrastruc ture imp ro vements to C ity-o wned and again, leas ed fac ilities, as the grant funds remain available. T his is s o that as exis ting leas es exp ire, the C ity of Waterlo o and the airport d ep artment c an witness future inc reas ed leas e-rent revenues by provid ing enhanc ed fac ilities for the airport tenants to operate from. T his projec t s pec ifically, c o ntinues similar wo rk as performed with the F Y- 2017 projec t, b y rep lacing as follows : 1. Interio r rep lac ement o f 1970's era flores c ent light fixtures in the main hangar b ay to c urrent and next generation LED light fixtures , to allo w the tenant to witnes s imp ro ved energy imp rovements with elec tric al utility us age and mo nthly electrical costs ; and, 2. To begin the initial and phas ed replac ement o f the wind o ws, as o riginally installed on the 1970's era c o nstruc ted hangar, on the north-fac e of the b uilding to provid e, again, a better o verall s eal and energy imp ro vements by p ro viding a b etter overall tighter b uilding envelope. Page 126 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving award of b id to Vieth C o ns truc tion C orporatio n o f C ed ar F alls, Io wa in the amount o f $134,353, and approving the C o ntract, Bonds , and C ertificate of Ins urance in c o njunc tion with the F Y 2018 Levee Tree C learing C edar R iver, C o ntract No . 938, and autho rize the Mayor and C ity C lerk to execute s aid d o cuments . City Council Meeting: 11/20/2017 Prepared: 11/15/2016 R EV I EWER S : D epartment R eviewer Action D ate E ngineering G entz, D ennis Approved 11/15/2017 - 9:48 AM C lerk O ffice E ven, L eAnn Approved 11/15/2017 - 10:36 AM ATTA C H M EN TS : Description Type B id Tab B ackup M aterial S UB J E C T: R es o lution approving award of b id to Vieth C o ns truc tion C orporatio n of C ed ar F alls , Iowa in the amo unt o f $134,353, and ap p ro ving the C ontrac t, Bond s , and C ertificate of Ins urance in co njunc tion with the F Y 2018 Levee Tree C learing C edar R iver, C o ntract No. 938, and autho rize the Mayor and C ity C lerk to exec ute said d o cuments . S ub mitted by:S ubmitted By: Jamie Knuts o n, P E, As s oc iate Engineer Exp enditure R equired :$134,353.00 S ource o f F und s :G O Bo nds Page 127 of 216 FY18 TREE CLEARING CEDAR RIVER CONT. 938 Bid Tab: November 2, 2017 Estimate: $337,713.00 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% 134,353.00 Hatch Grading & Contracting Dysart, IA 5% 339,703.50 J Pettiecord5%$263,241.50 Bondurant, IA Twin City Tree Service, LLC Waterloo, IA Check 5% 101566640 242,312.90 Peterson Contractors, Inc. Reinbeck, IA 5% 453,538.10 Lodge Construction, Inc. Clarksville, IA 5% 291,380.70 Page 128 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving the rental of o ne ad d itio nal mo tor grader in the amount o f $26,800, fo r a p erio d ending Marc h 2018, from Murp hy Trac tor o f Waterlo o , Iowa. City Council Meeting: 11/20/2017 Prepared: 11/15/2017 R EV I EWER S : D epartment R eviewer Action D ate T raffic O perations E ven, L eAnn Approved 11/15/2017 - 11:26 AM S UB J E C T: R es o lution approving the rental of o ne additio nal mo tor grader in the amo unt o f $26,800, for a period ending Marc h 2018, from Murp hy Trac tor o f Waterlo o , I o wa. S ub mitted by:S ubmitted By: S andie G rec o , Interim P ub lic Works Direc tor R ec o mmended Ac tio n:R ecommend Approval S ummary S tatement: T he need fo r an additio nal mo tor grader to s up p o rt s now operatio ns from No vember thru March 15, 2018. O ne of the C ity's 1998 mo tor graders has b ecome ino p erab le bec ause o f a failed trans mis s io n. Exp enditure R equired :$26,800.00 S ource o f F und s :R UT - 266-19-7200-1384 P olic y Issue: S trategy 2.2: Enlis t all C ity departments and s taff memb ers in efforts to p ro mo te a s afer c o mmunity. S trategy 3.4: Identify and improvement p ro ven c o s t and res o urc e saving meas ures. Alternative: T he C ity has a need at this time to replac e a moto r grad er, but at this time fund s are no t available. T his grad er is us ed for year-round s treet maintenanc e. T he rental mo tor grader will provid e the eq uipment needed to cover the additio nal req uirements as s o ciated with Univers ity Avenue and o ther streets . Background I nformatio n:T he C ity us es 8 moto r grad ers to sup p ort s no w o p erations during the winter mo nths. Page 129 of 216 C ITY OF WATER LOO Council Communication R es o lutio n approving P rojec t F und ing Agreement between C ity o f Waterlo o and W D C for W DC to fund the costs of d es ign o f S treetsc ap ing c o nc ep tual d es ign along Jeffers o n and C ommerc ial S treets (R iver R o ad to 3rd S treet) in Do wntown Waterlo o , and autho rize the Mayo r and C ity C lerk to execute all necessary d o cuments . City Council Meeting: 11/20/2017 Prepared: 11/17/2017 R EV I EWER S : D epartment R eviewer Action D ate P lanning & Z oning Anderson, N oel Approved 11/17/2017 - 4:39 P M C lerk O ffice F elchle, K elley Approved 11/17/2017 - 4:56 P M ATTA C H M EN TS : Description Type W D C C ity Agreement Jeff C omm S treetscaping C over Memo C ity W D C S treetscape C lient Architect C over Memo S UB J E C T: R es o lution approving P rojec t F und ing Agreement between C ity o f Waterlo o and W DC for W DC to fund the costs of des ign o f S treetsc ap ing conceptual des ign alo ng Jefferson and C o mmercial S treets (R iver R oad to 3rd S treet) in Do wntown Waterlo o , and autho rize the Mayo r and C ity C lerk to exec ute all neces s ary doc uments. S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment Directo r R ec o mmended Ac tio n: Ap p ro ve agreement between W DC and C ity and autho rize Mayor to s ign Agreement between C lient and Landsc ape Arc hitect as s upporting doc ument to C ity W DC agreement. S ummary S tatement: T he C ity is working on the Do wntown Waterloo imp ro vements with the W DC , as well as coordinating imp ro vements with the Iowa Department o f Transportatio n fo r the Highway 63 p ro jec t thro ugh Do wntown Waterloo. T here is s ome grant fund s c o ntained within the Highway 63 projec t fo r s treets cape improvements along Highway 63, and this design agreement will lo o k at integrating tho s e designs alo ng Jeffers o n and C o mmercial S treets as well. Exp enditure R equired :W DC funded ($63,300) S ource o f F und s :W DC funds P olic y Issue:Do wntown develo p ment Alternative:No t ap p rove Page 130 of 216 Background I nformatio n:S ee summary and attac hments Legal Desc riptio ns :NA Page 131 of 216 PROJECT FUNDING AGREEMENT This Project Funding Agreement (the “Agreement”) is entered into effective as of June 22, 2017, by and between Waterloo Development Corporation (“WDC”) and the City of Waterloo, Iowa (“City”). RECITALS A. WDC and City have worked together, and intend to continue working together, on a project to make certain enhancements to the Downtown Waterloo area (the “Project”). In connection with undertaking the Project, the WDC will enter into certain contracts for conceptual level design of Jefferson and Commercial streetscape improvements. B. The parties desire to enter this Agreement to express their continued desire to work together for advancement of the Project on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. WDC Responsibility. The WDC has a professional services agreement for the conceptual design of Jefferson and Commercial Streetscape improvements that the City is to administer. The Waterloo Development Corporation will reimburse the City 100% of the costs for the design using funds allocated to it from the Black Hawk County Gaming Association. The WDC will comply with all other laws or regulations which may apply to its activities in carrying out the Project; and will comply with all terms, covenants, and conditions of the Purchase Contracts. WDC agrees to cooperate with the City in good faith on all future decisions regarding Project design and specifications and to consult with City from time to time regarding Project status. The WDC will oversee all Project activities, will review and approve all requests for payment from Project contractors, consultants, or others. Within thirty (30) days of receipt of any payment request that it receives from the City, certifying that the City has made disbursements for payment of the Design Contracts in an amount at least equal to the request, WDC will remit payment to the City in the amount requested, provided that cumulative payments made to the City in connection with the Design Contracts shall not, in the aggregate, exceed the Dedicated Sum. 2. City Responsibility. City agrees to cooperate with WDC in good faith on all future decisions regarding Project design and specifications and to consult with WDC from time to time regarding Project status. City agrees to make all payments required under the contract in timely fashion (subject to any contractual or other rights to audit, protest, or deny payment). 3. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: Page 132 of 216 2 WDC CITY Waterloo Development Corp. City of Waterloo, Iowa 10 W. 4th Street, Suite 310 715 Mulberry Street Waterloo, Iowa 50701 Waterloo, Iowa 50703 Attn: Steven R. Lind Attn: Mayor 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 registered or certified mail, postage prepaid. 4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Funding Agreement by their duly authorized representatives as of the date first set forth above. WATERLOO DEVELOPMENT CITY OF WATERLOO, IOWA CORPORATION By: ______________________________ By: _______________________________ Daniel B. Watters, President Quentin Hart, Mayor Attest: _____________________________ Kelley Felchle, City Clerk Page 133 of 216 AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement, effective as of October 23, 2017, is between the following parties: CLIENT: Waterloo Development Corporation and the City of Waterloo LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: JEFFERSON & COMMERCIAL STREETSCAPE IMPROVEMENTS ARTICLE 1: LANDSCAPE ARCHITECT'S BASIC AND ADDITIONAL SERVICES A. Project Understanding 1. The project scope and design intent will be guided by the Downtown Development Plan prepared by Vandewalle & Associates and approved by the Client. Vandewalle & Associates will continue to be involved in the review of the design as it evolves throughout the project. 2. The project scope includes development of preliminary plans for streetscape improvements in downtown Waterloo, along Jefferson Street and Commercial Street between River Road and 3rd Street. These improvements would also extend along the side streets between Jefferson and Commercial Streets, and along 3rd Street to Bluff Street. This project will include a review of the existing roadways, sidewalks, ADA accommodation, street reconstruction schedule, existing utilities, potential areas for stormwater quality improvements and coordination with existing and planned private developments in the area. 3. Design for streetscape enhancements will be complementary with other recent downtown streetscape renovations, including coordination with U.S. Highway 63 improvements. 4. The Landscape Architect will be responsible for hiring and directing the work of subconsultants necessary for the completion of the design (AECOM for surveying and engineering). 5. The Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession. B. Scope of Services 1. Surveying a. Coordinate AECOM services to provide site topographic and utility survey for the streetscape corridors in the study. Combine data from survey with utility information provided by utility companies and the City of Waterloo. 2. Design Development a. Utilize survey information to develop basemap for the streetscape corridors in the study. b. Develop preliminary streetscape concept plans for Jefferson, Commercial, and 3rd Streets complementary to recent downtown improvements. Enhancements for inclusion in the streetscape concept may include trees, lights, specialty pavement, furniture, and signage, and artwork. Study will include evaluation of utility needs in these corridors including site lighting and potential utility relocations. c. Coordinate the following AECOM Design Development tasks: i. Conceptual design for pavements, access drives, and site amenities will be developed in accordance with City zoning and ADA requirements. ii. Pedestrian lighting concepts and electrical service needs. Page 134 of 216 iii. Utility Relocations. Existing utilities requiring relocation (if necessary) will be identified, and a relocation plan identified for each. iv. Storm Water Management. Conceptual design for storm water management will be completed for the entire development area. Task will include review of best management principles for minimization of storm runoff. Task will include project reviews with City staff to insure compliance with applicable City standards. d. Coordinate work sessions as needed for design interaction between Client, Vandewalle & Associates, and subconsultants. e. Develop a final Conceptual Development Plan for each streetscape corridor as described in the Project Understanding above. f. Develop preliminary cost opinion to help evaluate funding needs and priorities. C. Services Not Included The following items are not included in the project scope at this time, but could be added by supplemental agreement if and when the services are needed. 1. Site modeling and 3D images. Deliverables will included colored plan views only. 2. Platting and/or Right-of-Way Services 3. Geotechnical Investigation 4. Construction Documents and Construction Related Services. D. Additional Services 1. We will identify services not included in our proposed scope of work if they are requested. We will advise your office of the impact on our work, and propose an increase to the fee amount before any work is undertaken that is outside our scope of services. 2. Extra services will be provided on an hourly basis at the billing rates listed below or the current hourly rates prevailing when services are rendered. ARTICLE 2: CLIENT'S RESPONSIBILITIES A. Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. ARTICLE 3: COMPENSATION AND PAYMENTS A. Client agrees to pay Landscape Architect as follows: Page 135 of 216 Based on the complexity of the project and the amount of services anticipated, RITLAND+KUIPER Landscape Architects (and their subconsultants) will provide the services described in Article 1, and in accordance with the conditions outlined in this contract, for a sum not to exceed $63,300. TASK 1: SURVEYING ($8,500) RITLAND+KUIPER Landscape Architects $ 0 AECOM, Inc. $ 8,500 TASK 2: DESIGN DEVELOPMENT ($54,800) RITLAND+KUIPER Landscape Architects $19,900 AECOM, Inc. $34,900 1. Billing for services will be hourly, at the rates listed below, and submitted monthly as the work progresses. 2. Billing rates effective through March, 2018: Craig Ritland, FASLA $ 125.00/hr. Mark Kuiper, ASLA $ 125.00/hr. Samantha Price, PLA $ 75.00/hr. B. Reimbursable Expenses, if incurred (i.e. printing costs) will be billed at our direct cost, in addition to the fees above. At this time we do not anticipate any significant printing costs in the design development process as we expect our deliverables to be electronic files (PDF documents). C. Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. ARTICLE 4: TERMINATION A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client’s nonpayment. ARTICLE 5: DISPUTE RESOLUTION A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. ARTICLE 6: USE AND OWNERSHIP OF LANDSCAPE ARCHITECT’S DOCUMENTS A. Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect’s documents as described in this Agreement, provided Client performs in accordance Page 136 of 216 with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. ARTICLE 7: MISCELLANEOUS PROVISIONS A. This Agreement is governed by the law of Landscape Architect’s principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties’ errors or omissions or for another parties’ failure to complete their work or services in accordance with Landscape Architect’s documents. F. To the greatest extent permitted by Iowa law, the Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. H. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect’s waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. I. To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the Page 137 of 216 contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. J. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. LANDSCAPE ARCHITECT _______________________________ CLIENT: City of Waterloo _______________________________ Mark Kuiper, ASLA, LEED AP, Principal Signature Dated: October 23, 2017 License/Certificate No. IOWA 00413 Renewal Date: June 30, 2019 Title ___________________________ Dated __________________________ CLIENT: Waterloo Development Corp. _______________________________ Title ___________________________ Dated __________________________ Page 138 of 216 C ITY OF WATER LOO Council Communication An O rdinanc e amending O rdinanc e No. 5079, as amend ed , C ity of Waterloo Zo ning O rdinanc e, b y amend ing S ectio n 10-3-1 Definitio n o f Imp o und Yard and R ecycling, Junk or S alvage Yards , and S ec tion 10-27-1(H)(8) S p ecial P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther mis cellaneo us updates . City Council Meeting: 11/20/2017 Prepared: 11/1/2017 ATTA C H M EN TS : Description Type Ordiance Amendment C over Memo S UB J E C T: Motio n to rec eive, file and cons id er for the third time and adopt an o rd inance amend ing O rd inance No . 5079, as amended, C ity o f Waterloo Zo ning O rd inance, by amend ing S ec tion 10-3-1 Definition of Impound Yard and R ecyc ling, Junk o r S alvage Yards, and S ectio n 10-27-1(H)(8) S pec ial P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther mis cellaneous up d ates. S ub mitted by:S ubmitted By: Aric S c hroeder, C ity P lanner R ec o mmended Ac tio n:Ap p ro val of the ordinanc e. S ummary S tatement: S taff is pro p o s ing multiple changes to the C ity o f Waterloo Zo ning O rdinanc e No . 5079 regard ing R ec yc ling, Junk or S alvage Yard s . T he amendment wo uld change add a definition o f Imp o und Yard s the and make changes to how R ec yc ling, Junk and S alvage Yards are regulated , it als o updates the wo rd ing and requirements in the S pec ial P ermit sec tion. T his is a summary of the major changes but d o es not c o ver all c hanges. A c omplete copy of the p ro p o s ed c hanges, sho wing s trike thro ugh o f wo rd ing prop o s ed to b e remo ved and und erlined fo r wo rd ing p ro p o s ed to be ad d ed is als o attached . T he P lanning, P rogramming and Zo ning C o mmis s io n held a hearing o n O c to b er 3rd , 2017 and unanimous ly recommend ed approval o f the propos ed amend ment. T he proposed c hanges are based o n the I-C are p ro gram that is a vo luntary c ertific ation p ro gram created by the Iowa Auto mo tive R ec yclers. At the meeting the only p ers o n to s p eak was S ue S chauls Exec utive Direc tor o f the Iowa Automotive R ecyclers and autho r of the I-C AR E p ro gram who spoke in favor o f the changes with some mino r changes that were inc luded b y the C ommis s io n in their rec o mmendation and have b een inc o rp o rated in the propos ed ordinanc e attac hed. Exp enditure R equired :none S ource o f F und s :n/a P olic y Issue:Zo ning O rd inance Page 139 of 216 Background I nformatio n: In S eptember, 2015 the Waterlo o C ity C ounc il vo ted to p as s a mo ratorium o n the establis hment of any new S alvage Yards within the C ity of Waterloo p ending the ad o p tion of changes to the Zoning O rd inance that covers R ecycling, Junk and S alvage Yard s . T he P lanning and Zoning Department has worked fo r the las t year o n d eveloping an ordinanc e that wo uld enc o urage mo re ec o lo gic ally friendly bus ines s es and encourage the follo wing o f the Iowa Automotive R ecylers I-C are p ro gram. Bo th the F ire and P o lic e Dep artments were no tified o f the p ro p o s ed c hanges to ins ure that the new regulations d id no t conflict with any o f their c o d es . Legal Desc riptio ns :n/a Page 140 of 216 Amendment to the City of Waterloo Zoning Ordinance Ordinance No. ____ Amending Ordinance No. 5079 Planning and Zoning Commission Hearing: _______________ City Council Approval: _______________ Changes and Updates to the City of Waterloo Zoning Ordinance, including: -Section 10-3-1 Update to include definition of Impound Yard and update Recycling, Junk or Sal- vage yards. - Section 10-27-1 (H)(8) Update the regulations for Recycling, Junk or Salvage Yards Page 141 of 216 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 13 3. Individually listed on the State In- ventory of Historic Places; 4. Individually listed on the local in- ventory of historic places. Home Occupation: A home occupation is an accessory use of a dwelling unit, conduct- ed entirely within the dwelling unit, carried on by one or more persons, all of whom r e- side within the dwelling unit and where no persons living outside the home are e m- ployed other than resident and domestic help. The use is clearly incidental and se c- ondary to the use of the dwelling for res i- dence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, con- struction, alterations, or electrical or me chani- cal equipment used shall not change the fire rating of the structure of the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, te l- ephone, or garbage) so that the combined t o- tal use of dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighbo r- hood. When a use is a home occupation, it means that the owner, lessee, or other pe r- sons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without secur- ing special permission to do so. Ho wever, such person shall be subject to all conditions, which are applied in this Ordinance general- ly, such as off-street parking, and to all other permits required under the City code, such as Building Permits and Business Licenses. Hotel: A building containing twenty (20) or more individual sleeping rooms or suites having each a private bathroom attached thereto for the purpose of providing ove r- night lodging facilities to the general public for compensation with or without meals ex- cluding accommodation for employees and in which ingress and egress to and from all rooms is made through an inside office or lobby supervised by a person in charge at all hours. Where a hotel is permitted as principal use, all uses customarily and historically an accessory thereto for the comfort, accommo- dation and entertainment of the patron, in- cluding the service of alcoholic beverages shall be permitted. [Ordinance 3050, 11/1/79] Impound Lot: See Recycling, Junk or Sal- vage Yard. Junk Vehicle, Salvage Vehicle: A motor vehicle or other vehicle, or portion thereof not in running condition or not licensed for the current year as provided by law. No junk ve- hicle shall be kept, stored, or otherwise loca t- ed anywhere except in an enclosed building or in an approved and licensed recycling, junk or salvage yard, except as provided in City Code Section 4-4-7. [Ordinance 5288, 06/15/15] Junk Yard: See Recycling, Junk or Salvage Yard Juvenile Center: See Group Home (Super- vised or Unsupervised) [Ordinance 4554, 6/3/02] Juvenile Detention Center: See Halfway (Rehabilitation) House [Ordinance 4554, 6/3/02] Kennel: Any building or lot on which five (5) or more dogs or five (5) or more cats six (6) months old or older are housed, bred, boarded, trained, groomed or sold. This would allow for up to 4 dogs and up to 4 cats in a residential setting. Kennel, Boarding: A place or establish- ment other than a pound or animal shelter where dogs or cats not owned by the proprie- tor are sheltered, fed and watered in return for a consideration. Lot: For the purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards Page 142 of 216 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 17 Porch, Unenclosed: A roofed projection which has no more than sixty (60) percent of each outside wall area enclosed by a building or siding material other than meshed screens. If said unenclosed porch extends over a r e- quired front or rear setback as provided her e- in then the outside wall shall be a non-solid wall utilizing a spindle or board design with openings between boards to provide that no more than sixty (60) percent of the wall area is enclosed, or a solid wall when extending not more than forty-two (42) inches above the floor of the porch. Principal Permitted Use: The main use of land or structures, as distinguished from a secondary or accessory use, or Special Permit use. Protected Uses: Protected uses include a building in which a majority of floor space is used for residential purposes; a property lo- cated within a residentially zoned district; a day care center where such day care center is a principal use; a preschool; an elementary, middle or high school (public, private or p a- rochial); a house of worship; a mission; a pub- lic library; a museum or cultural arts center or facility; a public park; a publicly owned or operated recreation center or athletic facility; a privately operated recreational use; a civ- ic/convention center; a community residen- tial facility; a hospital; a dental, med ical or mental health facility; a building or office op- erated by any governmental entity. However, this definition shall not apply if the protected use is a legal non-conforming use. Whether a given use is a protected use as defined herein shall be determined by the city planner in his reasonable discretion. Public Utility: Public or quasi-public dis- tributing or operating equipment for related services for telephone, cable television, elec- tricity, gas, sewer and water, and other essen- tial commodities or services such as transpo r- tation or communication. This includes pri- vately owned structures and equipment when used to provide an essential commod i- ty or service to the public. Rear Lot Line: Ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd-shaped lots the rear lot lines shall be determined by the City Planner or designee. Recreational Vehicle: [Ordinance 4125, 9/11/95] A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection (this provision is for floodplain management purposes only); [Ordinance 5049, 6/20/11] 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as tem- porary living quarters for recrea- tional, camping, travel or seasonal use. Recycling, Junk or Salvage Yard: Any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. M a- terials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being actively restored to running condition, parts of vehi- cles, plastic bottles or containers, rags, paper cardboard, glass and tires. [Ordinance 3864, 6/3/92] This would also include any area where waste, discarded, or salvaged mater i- als are bought, sold, exchanged, baled or packed, disassembled, kept, stored or han- dled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not in- cluding areas where such uses are conducted entirely within a completely enclosed build- ing, and not including the processing of used, discarded or salvaged materials as part of manufacturing operations, and not including Page 143 of 216 CHAPTER 3 DEFINITIONS 10-3-1 DEFINITIONS. 18 contractors storage yards, and not including rubble fill deposited on property in compli- ance with 4-3B of the Code of Ord inances. For the purpose of this Ordinance, the term “actively restored to running condition” in other than a recycling, junk or salvage yard shall mean if within the last thirty (30) days the owner of the business or premises on which the vehicle is located has spent at least ten (10) hours of labor in the repairing, re- building or reconstruction of the motor vehi- cle. The burden shall be on the owner to prove that it is being actively restored which may include receipts for the purchase of parts and supplies during the last thirty (30) days which have been installed in the vehicle. This exception for motor vehicles being actively restored shall not extend to vehicles from which parts are being taken to restore another vehicle. Parts being used in the restoration of a motor vehicle must be stored in an e nclosed building while restoration work is not taking place. For the purposes of this Ordinance, the term “recycling yard” shall include a “junk yard”, “salvage yard”, or “auto salvage yard”. Impound yards to which vehicles are taken for temporary or long term storage un- til control of vehicle can be returned to the owner, or the vehicles are recycled or auc- tioned off shall be considered recycling, junk or salvage yards. Regulatory Flood: A flood which is rep- resentative of large floods known to have o c- curred generally in the area and reasonable characteristic of what can be expected to oc- cur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated or floodproofed. Restaurants: 1. Drive-In Establishment: An estab- lishment which by design or phys- ical facilities or by service or pack- aging procedures, encourages or permits customers to receive or obtain a product which may be used or consumed in an automo- bile on the premises or to be enter- tained while remaining in an au- tomobile. This term does not in- clude sidewalk or patio cafes where service is provided to tables only. 2. Fast Casual Type: Where custom- ers are normally served at the same table or counter at which items are consumed but customers are served with disposable dishes and cutlery which are expected to be disposed of by the customer. 3. Fast Food Type: Where customers are normally served their food or beverages in disposable containers for consumption on the premises or within a motor vehicle. 4. Standard Type: Where customers are normally provided with an in- dividual menu and are served their food or beverages by a res- taurant employee at the same ta- ble or counter at which said items are consumed. Rooming House: A building where a room or rooms are provided for compens a- tion to three (3) or more persons. Rubble Disposal Site or Rubble Fill Site: The premises where rubble fill is placed, set down or deposited for the purpose of, or which has the result or effect of changing the existing contour or raising the elevation of said land with 25 cubic yards or more of fill. A fill site is also where the owner/operator advertises “fill wanted” regardless of the vol- ume. Temporary above-ground storage dur- Page 144 of 216 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 146 property unless approved by the City Council by encroachment agreement. [Ordinance 4841, 10/16/06] In “C-2” and less restrictive Dis- tricts, signs, overhangs, and marquees at- tached to a building may extend over street right-of-way lines provided the erection of such signs, overhangs, and marquees are con- structed in accordance with the provisions of the building code. G. Existing Unenclosed Porch, New Deck or Unenclosed Porch. 1. An existing unenclosed porch on the front of a dwelling built prior to adop- tion of Ordinance 2479, adopted 02/03/69, may be re-modeled or re- built to an enclosure when projecting no farther than the original open porch. [Ordinance 4656, 11/10/03] [Or- dinance 4855, 2/19/07] 2. A new deck or unenclosed porch ad- dition to a dwelling may be built eight (8) feet or one fourth (1/4) the dis- tance (whichever is greater) into the required front or rear yard setback. This shall only include the required setback as stated in the Bulk Regula- tions Section of the District in which located, and shall not include the av- erage setback required by the Front Yard Section of Chapter 5, General Regulations. Existing dwellings with a front or rear yard setback that is less than the minimum required shall cal- culate one fourth (1/4) the distance of the existing setback, however this shall not prohibit the erection of an eight (8) foot deck or unenclosed porch. This will not be interpreted in any way to authorize any addition over a platted building line, easement, property line or road right-of-way line. This provision shall not allow a deck or unenclosed porch addition within a required side yard setback, except a required side yard along a street frontage on a corner lot. Said addition is defined as a non-enclosed structure and, for decks in the front yard, with a non-solid side wall, if any at all, which cannot be enclosed in the future as an addition to the home. Non-solid wall shall mean a wall or fence utilizing a spindle or board de- sign with openings between boards that are at least the width of the boards. For porches in the front or rear, or decks in the rear, a solid wall may be used if it does not exceed for- ty-two (42) inches in height above the floor of the deck or porch. [Ordinance 4386, 10/18/99] [Ordinance 4656, 11/10/03] H. Special Permit Required. A Special Permit for the location of any of the following buildings or uses in any district permitted by this Ordinance must be ob- tained from the Board of Adjustment [Ordi- nance 3614, 1/9/89] after public hearing there- on: 1. Any public building or use erected or maintained by any department of the city, township, county, state or federal government, excluding parks or rec- reational trails and accessory uses and structures customarily incidental to a park or recreational trail. 2. Public and parochial schools and oth- er educational institutions having an established current curriculum similar to that ordinarily given in Waterloo public schools, and colleges, universi- ties, or institutions of higher educa- tion. 3. Hospitals, excluding animal hospitals, and clinics, excluding clinics in the “R- 4” Multiple Residence District or less restrictive district. 4. Group Homes (Unless located in a "C- 1" or less restrictive district). [Ordi- nance 4554, 6/3/02] 5. Halfway (Rehabilitation) Houses. [Or- dinance 4554, 6/3/02] Page 145 of 216 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 147 6. Community building, institutional or community recreation center or field, commercial and private outdoor rec- reational uses such as baseball fields, swimming pools, skating facilities, golf course or country clubs, minia- ture/goofy golf and driving ranges, Commercial Campgrounds, Hunting and Fishing Clubs, Skeet or Trap Shooting Ranges, Archery and Gun Range Facilities, Outdoor Paintball Facilities, Automobile Race Tracks, Drag Strips, Go-cart Tracks, Mini Bikes or Activity Areas for Motorcy- cles, Snowmobiles, or ATV’s, Drive-in Theaters, or similar public or private open air recreational uses and facili- ties, excluding public or private parks or pedestrian recreational trails and accessory uses and structures custom- arily incidental to a park or pedestrian recreational trail. Private non- commercial areas, such as non-profit clubs, etc. shall only require Special Permit approval if organized events or activities occur more than 12 times in a calendar year. [Ordinance 5395, 04/10/17] 7. Public or private cemetery or burial ground. (Minimum thirty (30) acres) [Ordinance 5395, 04/10/17] 8. Recycling, Junk or Salvage Yards as defined in this Ordinance provided that they are within the following zon- ing classifications: “M-1” Light Indus- trial District, “M-2” Heavy Industrial District or “M-2,P” Planned Industrial District and meet the following mini- mum requirements: The City of Waterloo in attempt to be more sustainable and encourage more ecologically friendly businesses adopts these salvage yard regulations in part based on the Iowa Recyclers Association’s I-CARE program. a. The yard shall be completely sur- rounded with a fence or wall that is eight (8) feet in uniform height and color. The fence shall be of an opaque material and kept free of any openings such as broken out areas and torn holes. Chain link or heavy wire gates may be used for see through inspection pur- poses for no more than forty (40) feet along each side of the yard having street frontage and at ap- proved points of access to a public street or alley. Chain link or heavy wire fencing that is free from torn areas or openings may be placed along sides of the yard adjoining a flood control levee or other such barrier which would permanently screen the yard from public view. No storage outside of fenced area except for receiving of vehicles that must be moved in 5 business days. b. No off-premise advertising shall be on any wall or fence. The name of the yard and other services of- fered by the yard, if placed on the wall or fence, shall occupy no more than ten (10) percent of the wall or fence. c. The posts, rails or other support- ing elements of the fence shall face the inside of the yard and not be visible from outside the yard. d. Vehicle bodies stacked higher than the wall or fence shall be no higher than two (2) car bodies above the wall or fence when stacked at least fifteen (15) feet from the wall or fence. Car bodies stacked no higher than the fence need not be 15 feet from the fence. All other stacked salvage material shall not be stacked higher than the allowa- ble building height for the District. The Board of Adjustment shall Page 146 of 216 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 148 have the power to grant an excep- tion to these stacking provisions so long as said exception is in a c- cordance with the purpose and in- tent of the Zoning Ordinance. e. All work performed shall be car- ried on within the fenced area or within an enclosed building or structure approved as a part of the salvage operation. f. Contaminating fluids, such as gasoline, oil and grease, are pro- hibited from being discharged on- to the grounAll automotive fluids must be properly removed and managed as part of the disman- tling procedure and/or prior to crushing the vehicles to ensure that no fluids are discharged into the ground. All fluids removed from the vehicles must be stored in containers that are in good con- dition. If containers are in excess of 55 gallons and stored outdoors they must have secondary con- tainment and be properly marked as to what fluids they contain and be properly stored to insure that they do not lead into the ground, sewer systems, drainage pipes, or bodies of water. f.g. No salvage materials shall be placed in the Floodway District. Materials in the Floodway Fringe District (100 year flood district) shall be in accordance with the performance standards of that District. h. New yards established after the adoption of these provisions shall place the required solid wall or fence no closer to any street lot line than the minimum front yard required in the District in which it is located. Within this setback there shall be at least four (4) 2- inch caliper understory trees with- in every 100 feet or part thereof that are maintained in a healthy condition. This does not pertain to expansions of existing yards within the same block and on the same street as the existing yard. All areas devoted to customer and/or employee parking located outside of the fence or wall area must be hard surfaced and on pri- vate property in accordance with the off-street parking Section of the Zoning Ordinance. [Ordinance 3104, 10/6/80] [Ordinance 3233, 8/2/82] [Ordinance 3323, 2/6/84] [Ordinance 3614, 1/9/89] [Ordinance 3864, 6/1/92] i. The Iowa Department of Natural Resources must be notified of any hazardous spill that has the poten- tial to leave the property by run- off, sewers, tile lines, culverts, drains, utility lines, or some other conduit; has the potential to reach a water of the state either surface or groundwater; the substance can be detected in the air at the boundaries of the facilities; there is a potential threat to public health and safety; j. Maintain a Spill Prevention con- trol and Countermeasures plan per EPA regulations. k. All lead-acid and hybrid batteries are properly removed and man- aged as part of the dismantling procedure and/or prior to crush- ing the vehicles. Spent lead-acid batteries are placed either in a covered storage area on an imper- vious surface or in plastic contain- ers with lids. Spent lead-acid bat- teries are recycled through a repu- Page 147 of 216 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 149 table battery recycler. Hybrid bat- teries should be recycled. l. Refrigerant is evacuated from each vehicle in accordance with appli- cable regulations, or contracts for refrigerant removal with a li- censed vendor. Records are main- tained for off-site refrigerant dis- posal/reclamation that includes the amount of refrigerant, the date spent, and the facility that re- ceived the refrigerant. m. Engines and transmissions to be resold are stored under a perma- nent roof on an impervious sur- face, or in an outside covered weather-proof container. Scrap core, engines and transmissions are stored under a permanent roof on an impervious surface, in an outside covered weather-proof container, or an impervious sur- face that drains to an oil-water separator. n. Vehicle hoods are routinely kept closed to reduce exposure to rain fall of engines that remain in the vehicles stored in the yard. o. Spent solvents from the parts cleaning systems are disposed of with an authorized processor. p. Waste water from parts washing is either recycled or collected for disposal in an approved manner, and shall not be discharged to the surface (ground) or any storm wa- ter collection system. q. Waste tires are stored on-site with at least 20 feet of clearance be- tween tire storage areas, the pe- rimeter of the yard and/or struc- tures. No more than 500 exposed non-racked tires and no more than 1,500 tires are kept on-site at any given time. r. Fluorescent bulbs are managed as Universal Waste and properly re- cycled. s. Maintain compliance with City of Waterloo Storm Water regulatory requirements and IDNR storm wa- ter general permit for industrial classification 5015. t. Maintain Iowa DOT recycler’s li- cense, Iowa DOT Used car Deal- er’s license, Sales Tax Permit, and Household Hazardous Material permit (if any are required). u. Any new impound lot must obtain Special Permit approval and meet all regulations as a Recycling, Junk or Salvage Yard. Existing im- pound lots that are not currently licensed as a Recycling Yard under Section 3-10 of the Code of Ordi- nances shall obtain said license by May 1, 2018. v. Must have current licenses, be up to date on any required training and follow all applicable state and federal regulations. w. All recycling facilities within the City of Waterloo are encouraged to be certified under the Iowa Re- cyclers I-CARE program. x. Any new yard must be at least 600 feet from any protected use as de- fined herein. y. Any yard that has failed to renew their Recycling Yard license pro- vided in Section 3-10 of the Code of Ordinances within six months of the deadline will be considered Page 148 of 216 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 150 abandoned and will have to cease operations or go through the Spe- cial Permit process and meet cur- rent regulations. 9. Waste Disposal Site [Ordinance 3263, 3/7/83]. Any such request shall in- clude the submittal of a site plan. The Commission may require any specific criteria to protect the health, safety and welfare of the citizens of Waterloo and vicinity, including, but not lim- ited to the following items: Detailed site plan delineating slope, access, fencing, provisions for erosion (wind and water), leaching, landscap- ing, setbacks and other required pro- visions. Performance Bond to secure the reha- bilitation of the site in accordance with the approved plan. Statement as to what types of wastes will be contained in the site. Review by the Iowa Department of Natural Resources [Ordinance 3614 1/9/89], advising the City of the poten- tial hazards and necessary safeguards. 10. Mobile Home Parks, including facto- ry-built home parks and subdivisions if the structures are not classified as real estate. 11. Rubble Disposal Site, Rubble Fill Site, or clean fill site, except clean fill ap- proved as part of a development plan. A duplicate of the application submit- ted to the Black Hawk County Health Department shall be submitted to the Commission. The application shall contain the signature of landowner, legal description of property, a plot plan showing area to be filled with ex- isting and proposed final elevations. The application shall also include an estimate of the number of cubic yards necessary and length of time estimat- ed to complete filling. [Ordinance 3590, 10/17/88] 12. Adult Businesses/Adult Uses [Ordi- nance 3642, 5/1/89] in accordance with “Adult Businesses/Adult Uses” of Sections 10-3-1, 10-15-1(A)(2), and 10- 27-1(N). 13. Gaming facilities, unless located with- in a Planned District where listed as a Permitted Use. [Ordinance 4735, 10/18/04] 14. One or two-family residential struc- tures when more than one (1) such structure is erected on a single lot in the “R-1” or “R-2” District. [Ordinance 4855, 2/19/07] [Ordinance 4885, 10/15/07] 15. Non-Limited Alcohol Sales Uses, when meeting the following mini- mum requirements: a. Where the business, when operat- ed in conformance with such rea- sonable conditions as may be im- posed by the Board of Adjust- ment, satisfies the following crite- ria: i. The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area. ii. The business uses landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant det- rimental impact upon the ad- joining residential or protected uses. iii. The business will not unduly increase congestion on the streets in the adjoining resi- dential area. Page 149 of 216 C ITY OF WATER LOO Council Communication Motio n to approve C hange O rd er No. 1 for a total increase o f $9,658.62, to Wils on C us tom Tree of C res c o , Iowa, in conjunc tion with the 2017 F all S tump R emo val P ro ject. City Council Meeting: 11/20/2017 Prepared: 11/14/2017 R EV I EWER S : D epartment R eviewer Action D ate L eisure Services H uting, P aul Approved 11/14/2017 - 12:16 P M C lerk O ffice E ven, L eAnn Approved 11/14/2017 - 2:40 P M ATTA C H M EN TS : Description Type 2017 Stump R emoval P roject C over Memo S ub mitted by:S ubmitted By: Todd Derifield , C ity F ores ter R ec o mmended Ac tio n:Ap p ro ve c hange o rd er #1 in the amo unt of $9,658.62 to Wils o n C ustom Tree for the ad d ition of 69 stump remo vals . S ummary S tatement: O riginal Bid $63,550.92 C hange O rd er #1 $ 9,658.62 Total $73,209.54 Exp enditure R equired :$9,658.62 inc reas e S ource o f F und s :F o res try C ap ital Improvement F unds (416-37-4100-2166) P olic y Issue: S inc e this projec t imp ro ves the right-o f-ways , parks , and golf cours es in Waterlo o , it s up p o rts Waterlo o 's S trategic P lan. S trategy 4.5 - Maintain community s ervices that s upport quality o f plac e. Page 150 of 216 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2017 FALL STUMP REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2017 FALL STUMP REMOVAL PROJECT. BID REQUEST Sealed bids are due 1:OOpm, Thursday, September 21, 2017, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, September 21, 2017, at 1:OOpm. Public hearing on the project will be conducted Monday, September 25, 2017, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2017 FALL STUMP REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield or JB Bolger at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 151 of 216 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2017 FALL STUMP REMOVAL PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, September 21, 2017, until 1:O0pm., for the 2017 Fall Stump Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2017 FALL STUMP REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday, September 21, 2017, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and foam of contract for the 2017 FALL STUMP REMOVAL PROJECT at 5:30 p.m. on MONDAY, SEPTEMBER 25, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to remove the designated stumps in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be from September 26, 2017 to a completion date of no later than January 1, 2018. NOTICE OF PUBLIC HEARING page 1 of 3 Page 152 of 216 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the stump removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications and is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save hauuless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. NOTICE OF PUBLIC HEARING page 2 of 3 Page 153 of 216 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of stumps removed at the average contract stump price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of stumps removed must agree with numbers recorded by the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to contractor as part of regular billing cycle. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2017 City of Waterloo, Iowa, Kelley Felchle, City Clerk NOTICE OF PUBLIC HEARING page 3 of 3 Page 154 of 216 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS page 1 of 3 Page 155 of 216 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the teens of the Contract. INSTRUCTIONS TO BIDDERS page 2 of 3 Page 156 of 216 IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, famish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS page 3 of 3Page 157 of 216 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE 1 OF 3 Page 158 of 216 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and their equipment. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 159 of 216 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall famish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(ineluding wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage 5,000,000.00 per person 5,000,000.00 5,000,000.00 per accident 5,000,000.00 per person 5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 Page 160 of 216 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2017 FALL STUMP REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated stumps in the city owned rights-of-way and city parks in accordance with these specifications. SPECIFICATIONS All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. if there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. Many stumps have sprouted growth since tree removal. It is the responsibility of the contractor to remove and dispose of this vegetative stump growth before grinding stumps. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50/50 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles conflicting with the stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for stump removals. COMPLETION DATE Stump removal project shall be completed by January 1, 2018. Page 1 of 3Page 161 of 216 NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations. Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. DAMAGE PROTECTION All property damaged by the Contractor from the 2017 Fall Stump Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall cant' liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this stump removal project. List the year, make and model of the equipment listed. STORAGE OF EQUIPMENT The City of Waterloo shall make no provisions for storage of contractor's equipment on city property. SIZE OF STUMPS Stump sizes listed are actually the Diameter at Breast Height (DBH) of the tree trunk before it was removed. This diameter of the tree was determined by wrapping a diameter measuring tape (measuring inches) around the trunk at 4.5 feet from the ground before the tree was removed. Since many trees have a significant basal flare where the trunk meets the ground, the size of the stump will more than likely be larger than the listed DBH. The height of the stump will he 12" or less. If stump is taller than that it will be mentioned in the comments column of the stump list. l'age 2 of 3Page 162 of 216 LOCATIONS OF STUMPS Locations of stumps are in the city owned rights-of-way and city parks. A list of locations is attached, as well as aerial maps of park stump locations. EXTRA STUMP REMOVALS In the event there is sufficient funding, the city will consider the removal of extra stumps from trees that were removed after the stump removal contract letting. These stumps will be subject to the same specifications for removal as the original lump sum stumps. An appropriate completion date for extra stump removals will be determined after communications between the city and the contractor. Page 3 of 3Page 163 of 216 W. Airline Hwy W Donald SI E. Donald St Newell St U versity Ave Zone 2 Zone 4 Zone 8 W RidgewayAve E. Ridgeway Ave W Shauli Rd E. 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I..' 11 , v• A . , . d4• 00i,•-•• „ 0. . iS Page 178 of 216 Q- 000Itao Page 179 of 216 Page 180 of 216 Is Page 181 of 216 lcra2O4 Page 182 of 216 JQQ2a04aoSOJao Page 183 of 216 a‘ Page 184 of 216 Qa - as Page 185 of 216 a3 Page 186 of 216 BIDDER: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2017 FALL STUMP REMOVAL PROJECT COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2017 FALL STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 454 stumps along City owned rights-of- way, parks & golf courses as listed in the attached documents for the following amount: TOTAL BID PRICE: Dollars ($ 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non -Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 1310 FORM page 1 of 2 Page 187 of 216 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of 10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11. The bidder has attached all applicable forms. 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Tale BID FORM page 2 of 2 Page 188 of 216 STATEMENT OF BIDDER'S QUALIFICATIONS To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE I OF 2 Page 189 of 216 Dated this day of , 20 State of County of ss Name of Bidder By: Title: being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2Page 190 of 216 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness Seal) Principal By (Title) Seal) Surety By Witness Attorney -In -Fact BID BOND PAGE I OF Page 191 of 216 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscrarethan.&,&worwto- before/ me. thi r day of , 2017. SCgn.atuve' TWe' My com.ntiLWoty e%pCres, Page 192 of 216 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) that: being first duly sworn, deposes and says I. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2017 FALL STUMP REMOVAL PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or cotmivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stthscra,e4' awl& sworn/ to befere' me'thiy day of , 2017. Stgt.ature rate/ My wS engicreis, Page 193 of 216 EQUAL OPPORTUNITY CLAUSE As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE PAGE I OF 2 Page 194 of 216 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 195 of 216 C ITY OF WATER LOO Council Communication 4:00 p .m. C ounc il Work S ession, Haro ld E. G etty C ounc il C hamb ers City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:05 P M S ub mitted by:S ubmitted By: Page 196 of 216 C ITY OF WATER LOO Council Communication 5:05 p .m. Human R es ources C o mmittee, Harold E. G etty C ounc il C hambers City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:05 P M S ub mitted by:S ubmitted By: Page 197 of 216 C ITY OF WATER LOO Council Communication 5:10 p .m. F inanc e C o mmittee, Haro ld E. G etty C ounc il C hamb ers City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate C lerk O ffice H igby, Nancy Approved 11/13/2017 - 5:10 P M S ub mitted by:S ubmitted By: Page 198 of 216 C ITY OF WATER LOO Council Communication C ertified Lis t for the positio n o f Instrumentation C ontrol Tec hnician for the C ity of Waterlo o , Iowa Was te Management S ervic es Dep artment, as certified b y the C ivil S ervice C o mmis s ion on Novemb er 9, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources D unn, Lance Approved 11/15/2017 - 1:48 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:54 P M ATTA C H M EN TS : Description Type I C T Cert list C over Memo S UB J E C T: C ertified Lis t for the positio n o f Instrumentation C ontrol Tec hnician for the C ity of Waterloo, Io wa Waste Management S ervic es Department, as certified by the C ivil S ervice C o mmis s ion on Novemb er 9, 2017. S ub mitted by:S ubmitted By: Page 199 of 216 P a g e 2 0 0 o f 2 1 6 C ITY OF WATER LOO Council Communication C ertified Lis t for the positio n o f C apac ity Management O peratio ns & Maintenance C o o rd inato r for the C ity of Waterlo o , Iowa Was te Management S ervices Department, as c ertified b y the C ivil S ervic e C ommission o n No vember 9, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources D unn, Lance Approved 11/15/2017 - 1:49 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:51 P M ATTA C H M EN TS : Description Type C M O M C ert lis C over Memo S UB J E C T: C ertified Lis t for the positio n o f C apac ity Management O peratio ns & Maintenanc e C o o rd inato r for the C ity of Waterlo o , Iowa Was te Management S ervices Dep artment, as certified b y the C ivil S ervice C o mmis s ion on Novemb er 9, 2017. S ub mitted by:S ubmitted By: Page 201 of 216 P a g e 2 0 2 o f 2 1 6 P a g e 2 0 3 o f 2 1 6 C ITY OF WATER LOO Council Communication C ertified Lis t for the positio n o f G o lf Maintenanc e II fo r the C ity of Waterloo, Io wa Leis ure S ervic es Dep artment, as c ertified b y the C ivil S ervice C ommis s ion on Novemb er 9, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources H igby, Nancy Approved 11/15/2017 - 1:51 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:53 P M ATTA C H M EN TS : Description Type C ertified L ist G olf M aint I I 2017 B ackup M aterial S UB J E C T: C ertified Lis t for the positio n o f G o lf Maintenanc e I I fo r the C ity of Waterlo o , I o wa Leis ure S ervic es Department, as certified by the C ivil S ervic e C o mmis s io n o n No vember 9, 2017. S ub mitted by:S ubmitted By: Page 204 of 216 P a g e 2 0 5 o f 2 1 6 C ITY OF WATER LOO Council Communication C ertified Lis t for the positio n o f P ark Maintenanc e II C o nstruc tion for the C ity of Waterlo o , Iowa Leisure S ervic es Dep artment, as certified by the C ivil S ervice C o mmis s io n o n Novemb er 9, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources D unn, Lance Approved 11/15/2017 - 1:51 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:54 P M ATTA C H M EN TS : Description Type S UB J E C T: C ertified Lis t for the positio n o f P ark Maintenanc e I I C o nstruc tion for the C ity of Waterloo, Io wa Leis ure S ervic es Dep artment, as certified by the C ivil S ervic e C o mmis s io n o n No vember 9, 2017. S ub mitted by:S ubmitted By: Page 206 of 216 P a g e 2 0 7 o f 2 1 6 C ITY OF WATER LOO Council Communication C ertified Lis t for the positio n o f P ark Maintenanc e II F o res try for the C ity of Waterlo o , Iowa Leisure S ervic es Dep artment, as certified by the C ivil S ervice C o mmis s io n o n Novemb er 9, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources D unn, Lance Approved 11/15/2017 - 1:51 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:54 P M ATTA C H M EN TS : Description Type S UB J E C T: C ertified Lis t for the positio n o f P ark Maintenanc e I I F o res try for the C ity o f Waterlo o , Iowa Leisure S ervices Department, as c ertified b y the C ivil S ervic e C o mmis s io n o n No vember 9, 2017. S ub mitted by:S ubmitted By: Page 208 of 216 P a g e 2 0 9 o f 2 1 6 C ITY OF WATER LOO Council Communication C ivil S ervic e C o mmis s io n Minutes for S eptemb er 22, 2017. City Council Meeting: 11/20/2017 Prepared: R EV I EWER S : D epartment R eviewer Action D ate H uman Resources D unn, Lance Approved 11/15/2017 - 1:54 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:55 P M ATTA C H M EN TS : Description Type S UB J E C T:C ivil S ervic e C o mmis s io n Minutes for S eptemb er 22, 2017. S ub mitted by:S ubmitted By: Page 210 of 216 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. Friday, September 22, 2017 1st Floor Conference Room – City Hall Members Present: Ethel Washington, Barry Haskins, Lovie Caldwell Member Absent: Abraham Funchess (ex officio) Others Present: Steve Hoambrecker, Maggie Howard-Heretakis, Kent Shankle, Ben Petersen, Pat Treloar, Sandie Greco, JB Bolger, Lance Dunn, Cheryl Huddleston Moved by Haskins, seconded by Washington to approve the September 22, 2017 Agenda. Motion carried. Moved by Washington, seconded by Caldwell to approve the Minutes from August 10, 2017. Motion carried. UNFINISHED BUSINESS The Civil Service List for Instrumentation Control Foreman – Waste Management Services was presented for approval. The position was approved by the Human Resources Committee on 6/5/17 and by the Civil Service Commission on 6/30/17. There is a vacancy due to a retirement. The position was posted in all City departments and we received 3 resumes. Candidates were interviewed by Brian Baker from Building Inspections, Brian Rath from Waste Management and Cheryl Huddleston from Human Resources. The Civil Service list has 3 white males. Moved by Haskins, seconded by Caldwell: 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) CERTIFIED LIST John Hyman Steve Isenhower Kevin Kuenstling Motion carried. The Civil Service List for Plant Maintenance Mechanic – Waste Management Services was presented for approval. The position was approved by the Human Resources Committee on 6/5/17 and by the Civil Service Commission on 6/30/17. There is a vacancy due to a promotion. The position was advertised in the Courier, listed on the City website, a notice sent to the agencies and organizations on the Affirmative Action list, posted on the Cedar Valley Alliance website and in all City departments. We received 18 resumes and 5 were invited to interview. Panel members were Brian Rath and Jesse Gaherty from Waste Management and Cheryl Huddleston from Human Resources. Two candidates withdrew and 1 did not pass the interview. The Civil Service list has 2 white males. Moved by Caldwell, seconded by Haskins: 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, Iowa Waste Management Services Department. Page 211 of 216 Appointment(s) shall be made from this list for the next year (September 22, 2017 – September 21, 2018). CERTIFIED LIST Scot Reuter Mackenzie Klendworth Motion carried. The Civil Service List for Events Coordinator – Culture & Arts was presented for approval. The position was approved by the Civil Service Commission on 6/30/17 and by the Human Resources Committee on 7/10/17. There is a vacancy due to a resignation. The position was advertised in the Courier, listed on the City website, a notice sent to the agencies and organizations on the Affirmative Action list, posted on the Cedar Valley Alliance website and in all City departments. We received 24 resumes and 5 were invited to interview. Panel members were ReShonda Young from the Culture & Arts Board, Stacy Hesse from Waterloo Police who does security for events, Maureen Newbill who is retired from Culture & Arts and Cheryl Huddleston from Human Resources. One candidate withdrew and 1 did not pass the interview. The Civil Service list has 2 white females and 1 black female. Moved by Caldwell, seconded by Washington: 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). CERTIFIED LIST Camille Burkle Morgan Arenholz Cherie Kabba Motion carried. The Civil Service List for Fire Captain was presented for approval. The position was approved by the Human Resources Committee on 4/3/17 and by the Civil Service Commission on 4/17/17. The position was posted at all fire stations and we received 5 resumes. Candidates took a written exam but only 2 passed the exam. Interviews, administrative testing and evaluations were conducted in mid-September. Panel members were Battalion Chiefs Petersen and Luck and Fire Captains Mahood and Reninger. The Civil Service list has 2 white males. Moved by Haskins, seconded by Caldwell: 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). CERTIFIED LIST Kevin Lee Anthony McGrane Motion carried. The Civil Service List for Fire Lieutenant was presented for approval. The position was approved by the Human Page 212 of 216 Resources Committee on 4/3/17 and by the Civil Service Commission on 4/17/17. The position was posted at all fire stations and we received 19 resumes. Candidates took a written exam – one did not show for the exam and 3 did not pass. Interviews, administrative testing and evaluations were conducted in mid-September. Panel members were Battalion Chiefs Petersen, Moore and Luck, Fire Captain Reninger and Lieutenant Barry Petersen. The Civil Service list has 14 white males. Moved by Washington, seconded by Caldwell: 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). 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 Motion carried. Updates Fire Fighter Recruit – Fire Rescue – Open Exam – approved by Human Resources Committee on 5/15/17 and by the Civil Service Commission on 6/30/17; advertised extensively – Courier, City website, Affirmative Action list, all City departments, Cedar Valley Alliance website, Fire Rescue website, notices sent to regional colleges and technical schools with a related program, notices sent to fire chiefs, paramedic programs all over the Midwest, firerecruit.com. fireone.com, Monster; received 151 resumes; 78 took written exam and 62 passed and have been scheduled for physical ability testing in late October; those who pass will be interviewed a few days later. Storm Water Specialist – Engineering – Open Exam – approved by Human Resources Committee on 8/7/17 and by the Civil Service Commission on 8/10/17; vacancy due to resignation; advertised Courier, City website, Affirmative Action list, all City departments, Cedar Valley Alliance website, American Public Works Association, Cedar River Watershed Coalition, Iowa Floodplain Manager’s Association and Iowa Storm Water Education Partnership; received 4 resumes; 2 will be invited to interview. Park Maintenance II Construction – Leisure Services – approved by Human Resources Committee on 8/7/17 and by Civil Service Commission on 8/19/17; vacancy due to resignation; advertised Courier, City website, Affirmative Action list, all City departments, Cedar Valley Alliance website; received 35 resumes; 13 have been invited to interview. NEW BUSINESS The job description and testing criteria for Garage Mechanic – Central Garage was presented for approval. This is an open exam that was approved by the Human Resources Committee on 8/28/17. This is an additional Page 213 of 216 position. There are no changes in the job description and testing criteria. Moved by Haskins, seconded by Washington to approve the job description and testing criteria for Garage Mechanic – Central Garage. Motion carried. The job description and testing criteria for Instrumentation Control Technician – Waste Management Services was presented for approval. This is an open position that was approved by the Human Resources Committee on 9/5/17. There is a vacancy due to a promotion. There are no changes in the job description and testing criteria. Moved by Washington, seconded by Haskins to approve the job description and testing criteria for Instrumentation Control Technician- Waste Management Services. Motion carried. The job description and testing criteria for Capacity Management Operations & Maintenance (CMOM) Coordinator – Waste Management Services was presented for approval. This is a promotional position that was approved by the Human Resources Committee on 9/5/17. It replaces the CMOM Specialist and the CMOM Technician so is a completely new description. Moved by Caldwell, seconded by Haskins to approve the job description and testing criteria for CMOM Coordinator – Waste Management Services. Motion carried. The job description and testing criteria for Park Maintenance II Forestry – Leisure Services was presented for approval. This is an open position that was approved by the Human Resources Committee on 9/18/17. There is a vacancy due to a transfer. There are no changes in the job description and testing criteria. Moved by Washington, seconded by Haskins to approve the job description and testing criteria for Park Maintenance II Forestry-Leisure Services. Motion carried. The job description and testing criteria for Golf Maintenance II– Leisure Services was presented for approval. This is an open position that was approved by the Human Resources Committee on 9/18/17. There is a vacancy due to an upcoming retirement. There are no changes in the job description and testing criteria. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Golf Maintenance II- Leisure Services. Motion carried The job description and testing criteria for Rehabilitation Assistant-Community Development was presented for approval. This is an open exam that has not yet been approved by the Human Resources Committee. It is a completely new position and job description. Moved by Caldwell, seconded by Washington to approve the job description and testing criteria for Rehabilitation Assistant-Community Development. Motion carried. The job description and testing criteria for Neighborhood Services Coordinator-Community Development was presented for approval. This is an open exam that has not yet been approved by the Human Resources Committee. There is a vacancy due to a disability retirement. The job description has been completely revised. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Neighborhood Services Coordinator-Community Development. Motion carried. OTHER BUSINESS None With no further business, moved by Washington, seconded by Caldwell to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Page 214 of 216 C ITY OF WATER LOO Council Communication C o mmunity Development Board Meeting Minutes of O c tober 2017. City Council Meeting: 11/20/2017 Prepared: 11/15/2017 R EV I EWER S : D epartment R eviewer Action D ate C ommunity D evelopment H igby, Nancy Approved 11/15/2017 - 1:55 P M C lerk O ffice H igby, Nancy Approved 11/15/2017 - 1:55 P M ATTA C H M EN TS : Description Type October M eeting M inutes 2017 C over Memo S UB J E C T:C o mmunity Development Board Meeting Minutes of O c tober 2017. S ub mitted by:S ubmitted By:R ud y D. Jo nes,C o mmunity Development Directo r R ec o mmended Ac tio n:ap p ro val Page 215 of 216 Page 216 of 216