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HomeMy WebLinkAbout10/14/2013 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, OCTOBER 14, 2013 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality job]current resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate)and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(I)time per item for a maximum of three(3)minutes. S. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. October 14, 2013 Page 2 Roll Call. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. Agenda, as proposed or amended. Minutes of October 7, 2013, Regular Session, as proposed. Proclamation declaring October 19, 2013 as "We Shall Not Be Moved" Day. Recognition of Andy Bedard 2013 Team Member of the Month - October. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Hartman Reserve Nature Center for an Exception to Burning Yard Waste to burn approximately 26.3 acres of prairie grass located in seven areas within Hartman Reserve Nature Center during the period of October to December 2013, together with recommendation of approval of the Chief of Fire Services. 3. Request of Harold O'Bryon for tax exemptions on improvements totaling $200,000.00 for property located at 3834 Trent 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: Travel Requests Amount Name & Title of Class/Meeting Destination Date(s) not to Personnel exceed 1. Katy Albert & Sophia Vertigo Performance Waterloo, IA 10110113- $125.00 Hamilton, Art Series 10112113 Performance Artists 2. Joseph Ravens & Vertigo Performance Waterloo, IA_ 1111113- $125.00 Adam Rose, Art Series 1113113 Per ormance Artists October 14, 2013 Page 3 3. Eric Thorson, City Global Warm Mix Coralville, IA 10130113- $540.00 Engineer& Dennis Asphalt Workshop 10131113 Gentz, Assistant City Engineer 4. Recommendation of appointment of Gary Wentz to the position of Equipment Operator I for the Street Department, effective October 15, 2013 pending completion of pre-employment physical exam and drug testing. Submitted by Mark Rice, Public Works Director 5. Mayor Clark's recommendation of the following appointments: New or Re- Appointee Board/Commission Expiration Date —Appointment Crystal Buzza Cultural & Arts March 1, 2016 New Appointment Commission Brian Quirk Operation Threshold December 31, New Appointment Board of Directors 2014 Submitted by Mayor Buck Clark Approved Beer, Liquor, and Wine Applications Name & Address of Class New or Expiration Includes Business Renewal Date Sunda 6. Brown Derby Class C Liquor New 1011114 X Ballroom 618 Sycamore Street 7. Grout Museum Special Class C Transfer to 10/20/13 503 South Street (Beer/Wine) 306 Washington Street 8. Walgreens #03590 Class B Wine, Class C Renewal 6116114 X 3910 University Beer, Class E Liquor Avenue Pawnbroker's License Application 9. EZ Pawn, 920 LaPorte Road 10. Levi Brothers Jewelry & Loan, 306 E. 4th Street 11. Money and More, 1516 LaPorte Road Theater License Permit Application 12. Crossroads 12 Theatre, 2450 Crossroads Boulevard 13. Romantix Adult Emporium, 1507 La Porte Road 14. Fantasy Island Amusement, 1850 West Airline Highway 15. Mini Cinema 16, 315 East 4th Street 16. Bonds October 14, 2013 Page 4 PUBLIC HEARINGS 2. Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review. Submitted by Mark Rice, Public Works Director 3. Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Chief of Fire Services for review. Submitted by Pat Treloar, Chief of Fire Services RESOLUTIONS 4. Resolution approving recommendation of award of contract to KWS Inc. of Cedar Fails, Iowa in the amount of $39,750.00 for the Fiber Optic Connection: City Network to SportsPlex Building; and authorize Mayor to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 5. Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $24,650.00; and approving the Contract, Bonds, and Certificate of Insurance for the FY2014 Sullivan Park Basketball Court Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Travis Nichols, Facilities/Project Manager 6. Resolution approving recommendation of award of contract to Young Plumbing and Heating Co. of Waterloo, Iowa in the amount of $429,800.00; and approving the Contract, Bonds, and Certification of Insurance for the 2013 Young Arena Dehumidification Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Chris Dolan, Young Arena Manager October 14, 2013 Page S 7. Resolution approving recommendation of award of bid to Rally Appraisal Services of Cedar Rapids, Iowa in the amount of $2,000.00 for the appraisal of 222 Walnut Street (House of Hope) located near the intersection of East 2nd Street and Walnut Street. Submitted by Noel Anderson, Community Planning& Development Director 8. Resolution approving recommendation of award of bid to Rally Appraisal Services of Cedar Rapids, Iowa in the amount of $1,200.00 for the appraisal of Parcel No. 8913-24-308-025 owned by Larson Management, LLC located at the intersection of East 2nd Street and Walnut Street. Submitted by Noel Anderson, Community Planning& Development Director 9. Motion approving Change Order No. 1 for a net increase of $19,237.20 for work performed by Aspro, Inc. of Waterloo, Iowa for Rehabilitation of Taxiway "E" at the Waterloo Regional Airport. Submitted by Steve Wareham, Interim Airport Director 10. Motion approving Change Order No. 2 for a net increase of $168,124.56 for work performed by Stickfort Construction Corporation, Inc. of Hudson, Iowa for the F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845. Submitted by Jamie Knutson, P.E., Associate Engineer 11. Recommendation approving Completion of Project and Recommendation of Acceptance of Work performed by Stickfort Construction Corporation, Inc. of Hudson, Iowa at a total cost of $401,711.60 in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845. Submitted by Eric Thorson, P.E., City Engineer 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa at a total cost of $268,636.03 in conjunction with F.Y. 2012 Geraldine Road Extension, Contract No. 821; and receive and file two-year maintenance bond. Submitted by Eric Thorson, P.E., City Engineer 13. Resolution approving Cooperative Surface Repair Force Account Agreement with Chicago Central and Pacific Railroad Company for the Nevada Street Railroad Crossing; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer October 14, 2013 Page 6 14. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements -Phases I & II, Contract No. 822; and authorize Mayor to execute said document. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 15. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845; and authorize Mayor to execute said document. Submitted by Jamie Knutson, PE, Associate Engineer 16. Resolution approving Housing Enterprise Zone Agreement #14-HEZ-015 for GMJ2 Industries, LLC of Waterloo, Iowa for the construction of five (5) homes located at the former Williston Field within the Enterprise Zone; and authorize Mayor to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 17. Resolution approving the FY 2014 and FY 2015 Economic Development Grant to Greater Cedar Valley Alliance for work towards economic development, in the amount of $28,500.00 base amount with $56,500.00 in potential incentive funds; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning and Development Director 18. Resolution approving Amended and Restated Development Agreement with Cedar Valley TechWorks, Inc. and FDP WTC, LLC by breaking the improvements and the City's bond issuance commitments into two pieces so the west campus site improvements can proceed; and authorize Mayor and City Clerk to execute said document. Submitted by Michelle Weidner, Chief Financial Officer 19. Resolution approving Joint Representation Agreement with Hall & Associates of Washington, D.C. in an amount not to exceed $2,000.00 to address the State of Iowa Nutrient Reduction Strategy; and authorize Mayor to execute said document. Submitted by Michelle Weidner, Chief Financial Officer 20. Resolution setting date of hearing as October 28, 2013 to approve request of Bosnian Islamic Association of Waterloo, Iowa for a site plan amendment to the "R-4,R-P" Planned Multiple Family Residence District, to allow for the development of a new mosque, cemetery, and sports and recreational complex, generally located on 15.26 acres south of Marigold Drive and north of Memory Lane; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director October 14, 2013 Page 7 21. Resolution setting date of hearing as October 28, 2013 to approve request of Kess & Associates on behalf of Black Hawk Contracting and Development of Waterloo, Iowa for a site plan amendment to the "R-1,R-P" Planned One and Two Family Residence District, to allow for the construction of 14 new single-family homes located at the former Lafayette School site; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 22. Resolution approving an Agreement with Ament, Inc. of Cedar Rapids, Iowa for additional design services for the F.Y. 2014 2672 and 2736 Logan Avenue Sanitary Services, Contract No. 861; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer OTHER COUNCIL BUSINESS 23. FY2014 Danes Complex Lighting Project Motion to instruct Leisure Services Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as November 4, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Travis Nichols, Facilities/Project Manager, Leisure Services 24. Purchase of One (1) 2014 Parks Truck with Chip Box Motion to instruct Public Works Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as November 18, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director 25. No Name Creek Interceptor Sewer, Contract No. 849 Motion to instruct Waste Management Services Superintendent to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as November 12, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Submitted by Larry N. Smith, Waste Management Services Superintendent October 14, 2013 Page 8 ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, October 14, 2013 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Boards & Commissions Committee, Council Chambers 5:05 P. - Human Resources Committee, Council Chambers 5:10p. m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from City Clerk on the termination of Linnea Martinez, effective September 27, 2013 with recommendation of approval of payout of $608.54 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. F Y 2013 Street Reconstruction Program, Contract No. 832 Pay estimate No. 9 to Aspro in the total amount due of$728,453.93. 2. F Y 2012 Street Reconstruction Program, Contract No. 819 Pay estimate No. 25 to Aspro in the total amount due of$73,483.02. 3. F Y 2013 Asphalt OverlaU Program, Contract No. 833 Pay estimate No. 9 to Aspro in the total amount due of$24,437.70. 4. Storm Water Lift Stations - Westfield Avenue, Virden Creek and Vinton To Stanley Consultants in the total amount due of$43,926.32. 5. F Y 2014 Sidewalk Repair Assessment Program -Zone 3, Contract No. 852 Pay estimate No. 1 to B & B Builders & Supply in the total amount due of $40,740.92. 6. F Y 2014 Flood Control Riprap Spratling Pay estimate No. 3 to Landmark Turf Services in the total amount due of $1,283.75. 7. Storm Water Lift Stations -Blower's Creek and Drta Run Creek, Contract No. 842 To AECOM Technical Services, Inc. in the total amount due of$8,945.40. October 7, 2013 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers Waterloo Iowa at 5:30 .m. on 7 2 1 p Monday, October r y, t be 0 3. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Carol Nemmers, Deputy City Clerk. 141577 - Hart/Schmitt that the Agenda, as proposed, by deleting item #25, for the Regular Session on Monday, October 7, 2013, at 5:30 p.m. , be accepted and approved. Voice vote- Ayes: Seven. Motion carried. 141578 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 23, 2013, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Clark performed a Swearing-In of the following Firefighters: Micah Moore, Reid Boevers, Travis Ihnen and Jon Eastman. Mayor Clark read a Proclamation declaring October 13, 2013 as "Antioch Baptist Church Day". Mayor Clark read a Proclamation declaring October 6-12, 2013 as "Mental Illness Awareness Week". CONSENT AGENDA 141579 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 7, 2013, in the amount of $2, 877, 420.86, 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. 2013-799. 2. Request of Pathways Behavioral Services to hold 10th Annual Run, Walk and Roll for a Drug Free Community event to be held on October 26, 2013 at 9:00 a.m. , with the route to start and end on the access road in front of the Pathways Building located at 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2013-780A. 3. Request of SAC' s Neighborhood Pub for a variance to the Noise Ordinance on October 12, 2013 from 7:00 p.m. to 10:00 p.m. in conjunction with Grand Opening event to be held at 2000 Hawthorne Avenue including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-781A. 4 . Request of Mike and Tina Rodebush for tax exemptions on improvements totaling $225, 000.00 for property located at 4746 Yellowstone Road and located in the City Limits Urban Revitalization Area (CLURA) . Resolution adopted and upon approval by Mayor assigned No. 2013-782. 5. Request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $85, 000.00 for property located at 308 Irving Street and located in the Consolidated Urban Revitalization Area (CURA) . Resolution adopted and upon approval by Mayor assigned No. 2013-783. 6. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: October 7, 2013 Page 2 Amount to Address certify 651 Sherman Avenue $2, 600.00 845 Logan Avenue $2, 640.00 511 Williston Avenue $1,271.27 Resolution adopted and upon approval by Mayor assigned No. 2013-784A. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date (s) to exceed 1. John Lenius, Iowa Association HCC 10/02/2013- $300.00 Housing of Housing Waterloo, IA 10/04/2013 Inspector Officials 2. Kent Shankle, Eric Guttelewitz New York 09/27/2013- $2, 715.00 Cultural & Arts Exhibit City, 10/04/2013 Director Plainfield (Revised MA, date for Barrington add. Pick RI up in NYC) 3. Eric Eric Guttelewitz Waterloo, IA 10/16/2013- $595.00 Guttelewitz, exhibit reception 10/18/2013 visiting artist 4 . Craig Clark, ICC Legal and Des Moines, 11/11/2013 $110.00 Building Management IA Official 5. Jeff Siebel, ICC Fire Inspector Des Moines, 11/11/2013 $185.00 Property Safety II IA Inspector 6. Tom Siglin, Confined Space Iowa City, 9/16/2013- $3, 418.00 Lieutenant; Rescue IA 9/20/2013 (amended Scott Ernst, to add Firefighter night) 7. 8 sworn CTK Interview and Waterloo, IA 11/04/2013- $1, 800.00 officers Interrogation 11/06/2013 School 8. Steve Jordan, 2013 Hawkeye State Ankeny, IA 10/22/2013- $678.00 Fire Marshal Fire Safety Assoc. 10/25/2013 Fire Prevention Education Conference 9. Matt Vlasak, One/Two Family Waterloo, IA 10/16/2013 $780.00 Craig Hintzman, Dwelling and Power Tina Quality Training Schellhorn, Sessions Roger Wooden, Nate Alderman, Kelby Haynes, Signal Technicians and Electricians 10. Larry Ticknor, Airport Wildlife Waterloo, IA 10/4/13 $800.00 Rusty Zey, Training Randy Shepard, Troy Deeds 11. Recommendation of appointment of Benjamin Neil to the position of Engineering Technician, on a mutually agreed upon date and pending pre- employment examination. 12. Recommendation of appointment of Nicholas Schissle to the position of Golf Maintenance II, effective October 21, 2013. Approved Beer, Liquor, and Wine Applications Name & Address of Class New or Expiration Includes Business Renewal Date Sunday 13. Ramada Inn Class B Liquor Renewal 4/30/14 X 205 W. 4th Street 14 . Narey' s 19th Hole Class C Liquor Renewal 8/22/14 2073 Logan Avenue October 7, 2013 Page 3 15. Roby' s Cocktail Class C Liquor New 10/7/14 X Lounge 521 Dane Street 16. Petersen & Tietz Class B Native Wine Renewal 10/8/14 X Florist & Greenhouse 2275 Independence Avenue Vehicle For Hire Business License Application 17. ABC Transportation Services, LLC, 805 Adams Street, Suite B 18. Bonds Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 141580 - Schmitt/Hart that proof of publication of notice of public hearing on request of Black Hawk Contracting and Development for a site plan amendment to the "R-3,R-P" Planned Multiple Residence District for property generally located along Lafayette Street near the intersection of East 7th and East 8th Streets, to allow for the construction of six (6) townhome units and one (1) single-family house, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141581 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Kirk Eschliman of Kess & Associates stated he was present for any questions. Mr. Welper questioned if the area is in a flood plain. Noel Anderson, Community Planning & Development Director, explained that the area is protected from the 500 year flood plain and they should not be flooded. I I Schmitt/Hart that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141582 - Schmitt/Hart that "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 in conjunction with the request of Black Hawk Contracting and Development for a site plan amendment to the "R-3,R-P" Planned Multiple Residence District for property generally located along Lafayette Street near the intersection of East 7th and East 8th Streets, to allow for the construction of six (6) townhome units and one (1) single- family house", be received, placed on file, considered and passed for the first I time. Roll call vote-Ayes: Seven. Motion carried. 141583 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141584 - Schmitt/Hart that "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", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5175. 141585 - Hart/Welper that proof of publication of notice of public hearing on request of Black Hawk Contracting and Development for a site plan amendment to the "R-1,R-P" Planned One and Two Family Residence District for property generally located south of Hawthorne Avenue and east of Vermont Street (Baltimore Field) , to allow for the construction of twelve (12) single-family houses on 3.2 acres of land, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. October 7, 2013 Page 4 141586 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Kirk Eschliman of Kess & Associates stated he was present for any questions. Mr. Greenwood questioned if there was a timeline on the agreement. Mr. Eschliman replied no. Mr. Welper noted he received a call from a lady inquiring whether the homes were Habitat for Humanity homes. Mr. Eschliman explained that they are American homes that are built in two pieces and then brought in. Noel Anderson, Community Planning & Development Director, noted that the homes are 1,200 square feet with an attached double garage. Hart/Welper that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141587 - Hart/Welper that "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 in conjunction with the request of Black Hawk Contracting and Development for a site plan amendment to the "R-1,R-P" Planned One and Two Family Residence District for property generally located south of Hawthorne Avenue and east of Vermont Street (Baltimore Field) , to allow for the construction of twelve (12) single-family houses on 3.2 acres of land", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141588 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141589 - Hart/Welper that "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", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5176. 141590 - Hart/Welper that proof of publication of notice of public hearing on request of Kwik Trip, Inc. for a site plan amendment to the "S-1" Shopping Center Commercial District for property located 324 Fletcher Avenue, to allow for the construction of a compressed natural gas (CNG) facility addition to the existing Kwik Star convenience store, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Joel Hirschboeck from Kwik Trip, Inc. explained that Bob Farr of Farr Beverage stated that it would save him $2.00 per gallon of gas by having the fueling facility. Hart/Welper that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141591 - Hart/Welper I that "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 in conjunction with the request of Kwik Trip, Inc. for a site plan amendment to the "S-1" Shopping Center Commercial District for property located 324 Fletcher Avenue, to allow i i October 7, 2013 Page 5 for the construction of a compressed natural gas (CNG) facility addition to the existing Kwik Star convenience store", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141592 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141593 - Hart/Welper that "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", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5177. 141594 - Welper/Hart that proof of publication of notice of public hearing on request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R-4,R-P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine-stall garages that are associated with the multiple-family uses, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141595 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Paul Moore, Property Manager, stated he was present for any questions. Welper/Hart that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141596 - Welper/Hart that "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, Rezoning Certain Property in conjunction with request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R-4,R-P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine-stall garages that are associated with the multiple-family uses", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141597 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141598 - Welper/Hart that "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, Rezoning Certain Property in conjunction with Request by Hawkeye Property Management to rezone 1.07 acres of land from "R-3" Multiple Residence District to "R-4,R-P" Planned Multiple Residence District property generally located near the intersection of Ravenwood Circle and Ravenwood Road, for the purpose of constructing two new 12-plex buildings, along with two nine-stall garages that are associated with the multiple-family uses", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5178. 141599 - Hart/Greenwood that proof of publication of notice of public hearing on Fiber Optic Connection: City Network to SportsPlex Building, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. i 1 . October 7, 2013 Page 6 141600 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 141601 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Fiber Optic Connection: City Network to SportsPlex Building", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-784B. 141602 - Hart/Greenwood that "Resolution ordering construction in conjunction with Fiber Optic Connection: City Network to SportsPlex Building", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-785A. 141603 - Hart/Greenwood to receive and file and instruct Deputy City Clerk to open and read bids and refer to Traffic Operations Superintendent for review in conjunction with Fiber Optic Connection: City Network to SportsPlex Building: Bidder Bid Bid Amount Security KWS, Inc. 5% $39,750.00 Cedar Falls, Iowa Voice vote-Ayes: Seven. Motion carried. 141604 - Greenwood/Schmitt that proof of publication of notice of public hearing on Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city-owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes, as published in the Waterloo Courier on October 3, 2013, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. I 141605 - This being the time and place of public hearing, the Mayor called for written i and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. i 141606 - Greenwood/Schmitt I that "Resolution authorizing said sale and conveyance, and authorize City j Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city-owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-786A. 141607 - Greenwood/Schmitt I I that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with Iowa Development Enterprises LLC for the sale and conveyance of city-owned property for $1.00, generally described as the former Van Eaton School site, for the purpose of constructing five (5) single-family homes", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-787. October 7, 2013 Page 7 RESOLUTIONS 141608 - Schmitt/Hart that "Resolution approving the request of Five Star Snow Trails Association, Inc. 's application with Iowa Department of Transportation to establish and sign snowmobile trails within the right-of-way of state highways that reside within the city limits of Waterloo; and authorize Mayor to execute any necessary documents", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-788A. 141609 - Schmitt/Hart that "Resolution approving recommendation to shred old documents", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-789A. 141610 - Schmitt/Hart that "Resolution approving Completion of Project, Recommendation of Acceptance of Work and Release of Retainage in the amount of $221, 515.35 for work performed by Story Construction Co. of Ames, Iowa at a total cost of $4, 164,307.00, in conjunction with UV Disinfection Facilities, Contract No. 817", be adopted. Roll call vote-Ayes: Seven. j Resolution adopted and upon approval by Mayor assigned No. 2013-790A. 141611 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract to Young Plumbing and Heating Co. of Waterloo, Iowa, in the amount of $429,800.00, for the Young Arena Dehumidification Project", be adopted. Roll call vote-Ayes: Seven. I Resolution adopted and upon approval by Mayor assigned No. 2013-791A. i 141612 - Greenwood/Schmitt that "Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit #2 to the Iowa Department of Natural Resources in conjunction with the F.Y. 2012 Geraldine Road Extension, Contract No. 821; and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-792A. 141613 - Greenwood/Schmitt that "Resolution approving Equipment Purchase Agreement with Waterloo Development Corporation for equipment for the Cedar Valley SportsPlex; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-793A. 141614 - Cole/Greenwood that "Resolution approving Amendment to Development Agreement with Buckets, Inc. of Waterloo, Iowa for the development of a new 30, 000 sq. ft. industrial building located at 3215 Lafayette Street, with a minimum of $800, 000.00 in new taxable value; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-794A. 141615 - Cole/Greenwood that "Resolution approving Early Access Agreement with Buckets, Inc. of Waterloo, Iowa to have access to the property to begin pre-construction activities before the property is conveyed to Buckets, Inc. , for the development of a new 30, 000 sq. ft. industrial building located at 3215 Lafayette Street, with a minimum of $800, 000.00 in new taxable value; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-795A. October 7, 2013 Page 8 141616 - Cole/Greenwood that "Resolution setting date of hearing as October 21, 2013 to approve Real Estate Purchase Agreement with Buckets, Inc. of Waterloo, Iowa for the sale of city-owned land identified as parcel no. 8912-32-102-002 located at 3215 Lafayette Street in the amount of $1.00 with up to $2, 000.00 in closing costs, in connection with Amendment to Development Agreement; and instruct City Clerk to publish notice", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-796A. 141617 - Greenwood/Schmitt that "Resolution setting date of hearing as October 21, 2013 to approve the adoption of the 2014-2018 Capital Improvements Program for the City of Waterloo; and instruct City Clerk to publish notice", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-797A. 141618 - Greenwood/Schmitt I that "Resolution setting date of hearing as October 21, 2013 to approve request of BCS Properties, LLC of Waterloo, Iowa to vacate approximately 10.33' x 176' (1, 818 SF) of City owned right-of-way located west of 1850 West Ridgeway Avenue, for the purpose of constructing a new multi-tenant commercial building and parking lot on the property; and instruct City Clerk to publish notice", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-798A. 141619 - Greenwood/Schmitt that "Resolution setting date of hearing as October 21, 2013 to approve request of BCS Properties, LLC of Waterloo, Iowa to rezone 1.31 acres of land from "R- 2,C-Z" Conditional Zoning District to "C-2" Commercial District, located at 1850 West Ridgeway Avenue, for the purpose of constructing a new multi-use commercial building; and instruct City Clerk to publish notice", be adopted. Roll call vote-Ayes: Seven. i Resolution adopted and upon approval by Mayor assigned No. 2013-799A. 141620 - Schmitt/Welper that "Resolution setting date of hearing as October 21, 2013 to approve an Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance with L and H Farms, Ltd. of Waterloo, Iowa, for the acquisition and sale (exchange) of land in the total amount of $857, 136.00 plus up to $10, 000.00 in closing costs; and instruct City Clerk to publish notice", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-800. 141621 - Schmitt/Welper that "Resolution approving a Temporary Construction Easement and Permanent Easement with South View Associates, LLC of San Dimas, California, in connection with the construction of a new sanitary sewer lift station on property located at 3451 East Orange Road; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-801. 141622 - Schmitt/Welper that "Resolution approving a Temporary Construction Easement and Permanent Easement with Broadway Limited, LC of Waterloo, Iowa, in connection with the construction of a new sanitary sewer line on property located at 1750 Broadway Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-802. 141623 - Welper/Hart that "Resolution approving Real Estate Sale Contract with BBS Real Estate Holdings, LLC of Waterloo, Iowa for the acquisition of 217-219 Jefferson Street in the amount of $87, 000.00, plus up to $10,000.00 in City environmental and i 1 I I 1 October 7, 2013 Page 9 closing costs; and authorize Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-803. 141624 - Welper/Hart that "Resolution approving Real Estate Sale Contract with Operation Threshold for the acquisition of 300 West 3rd Street in the amount of $400, 000.00, plus up to $10, 000.00 in City environmental and closing costs; and authorize Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote- Ayes: Six. Nays: Greenwood. Mr. Jones questioned whether people were going to have to pay to park or if there was going to be meters in the SportsPlex parking lot. Noel Anderson, Community Planning & Development Director, stated that there will not be meters in the parking lot. Mr. Jones expressed that it's pretty expensive parking. Resolution adopted and upon approval by Mayor assigned No. 2013-804. ORDINANCES 141625 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3-4B-6, Firearms Records Register, of Article B, Secondhand Goods Dealers, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License Regulations", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141626 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141627 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 3-4B-6, Firearms Records Register, of Article B, Secondhand Goods Dealers, of Chapter 4, Businesses Relating to Sales, of Title 3, Business and License Regulations", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5179. 141628 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets, and enacting in lieu thereof a new Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets in conjunction with Ordinance Change - No Parking This Side - Southwest side of Lafayette Street from Lane Street to East 11th Street", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141629 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141630 - Getty/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets, and enacting in lieu thereof a new Subsection (216) Lafayette Street of Section 551, Parking Prohibited At All Times on Certain Streets in conjunction with Ordinance Change - No Parking This Side - Southwest side of Lafayette Street from Lane Street to East 11th Street", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5180. October 7, 2013 Page 10 141631 - Greenwood/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (26) Franklin Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (26) Franklin Street to Section 541, Increasing Speed Limits in Certain Areas in conjunction with Ordinance Change - Adding Subsection 541A, Decreasing Speed Limit in Certain Areas and Adding - Franklin Street from E. 7th Street to E. Mullan Avenue - 30 MPH", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 141632 - Greenwood/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 141633 - Greenwood/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (26) Franklin Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (26) Franklin Street to Section 541, Increasing Speed Limits in Certain Areas in conjunction with Ordinance Change - Adding Subsection 541A, Decreasing Speed Limit in Certain Areas and Adding - Franklin Street from E. 7th Street to E. Mullan Avenue - 30 MPH", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5181. OTHER COUNCIL BUSINESS 141634 - Hart/Welper to instruct Waste Management Services Superintendent to prepare revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847, be approved. Voice vote-Ayes: Seven. Motion carried. 141635 - Hart/Welper that revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141636 - Hart/Welper that "Resolution preliminarily approving revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-805. 141637 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 4, 2013; and instruct City Clerk to publish notice of revised plans, specifications, form of contract, etc. in conjunction with La Porte Road Pumping Station and Force Main, Contract No. 847", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-806. 141638 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be approved. Voice vote-Ayes: Seven. Motion carried. 141639 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141640 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection October 7, 2013 Page 11 and Riverwall Repairs, Contract No. 855, be adopted. Roll call vote-Ayes: Seven. i Resolution adopted and upon approval by Mayor assigned No. 2013-807. 141641 - Hart/Welper that "Resolution setting date of hearing and bid openingas October 28 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 4th Street Bridge Slope Protection and Riverwall Repairs, Contract No. 855, be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-808. j 141642 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be approved. Voice vote-Ayes: Seven. Motion carried. 141643 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141644 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-809. 141645 - Hart/Welper that "Resolution setting date of hearing and bid opening as October 28, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777, be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-810. ORAL PRESENTATIONS Jim Chapman, 224 Bertch Avenue, questioned how many full-time and part-time code enforcement officers there are. Mayor Clark explained that there are 3 full time and 1 part time. Randy Herrod, 111 Highland, reported that he had articles on the dog issue from experts and wants to emphasize that the experts writing the article state that there is no particular breed involved in canine aggression and that it has to do with the dog owners. He also noted that he's had people talk to him saying that we have good codes in this community but wonder if they're enforced. He noted that if we have big fines and big prison sentences, that it would help. Ethan noted that pitbulls are not bad dogs, and that it has to do with responsible owners. He noted that there should be stricter rules for people who breed dogs. He noted that owners should have to microchip their dogs in the city. He also noted that people should have big fines. He noted that a pitbull saved a family from a fire in their house by barking. Janet Kendall, 903 Riverside, wanted to know how each Council person stands on the animal control issue. Mayor Clark explained that this is not the time to do it, and that you can get a hold of each Council person and find out how they stand on it, either by phone or email. John Trebon, 1750 Robin Road, noted that there was a gentleman from Kwik Trip earlier talking about the savings with natural gas, and that the City should look at the natural gas prospect with getting gas cheaper for city vehicles. Mayor Clark explained that there is a tremendous investment to convert our garbage trucks to CNG. October 7, 2013 Page 12 Mr. Trebon noted to look on the internet to find kits to convert the City vehicles to save gas. 141646 - Hart/Welper that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 141647 - Hart/Welper that the council adjourn to Executive Session at 6:42 p.m. Roll call vote-Ayes: Seven. Motion carried. Assistant City Attorney Dave Zellhoefer stated that discussion of acquisition of land is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2013) . E X E C U T I V E S E S S I O N 141648 - Hart/Greenwood that the council adjourn Executive Session at 6:56 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 141649 - Hart/Greenwood that the Council adjourn at 6:56 p.m. Voice vote-Ayes: Seven. Motion carried. Carol Nemmers Deputy City Clerk CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: September 25, 2013 Dept. Head Signature: ] # of Attachments: 1 SUBJECT: Mayoral Proclamation: October 19, 2013 as "We Shall Not Be Moved" Day. Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: ii t � ft EM B ER OF 7 B O 1 V OCTOBER ANDY BEDARD ANDY BEDARD IS A WASTE WATER OPERATOR FOR WASTE MANAGEMENT SERVICES. HE HAS BEEN WITH THE CITY SINCE SEPTEMBER 26, 201 1 . ANDY'S POSITIVE ATTITUDE IS CONTAGIOUS. FELLOW EMPLOYEES THINK OF HIM AS A CHEERLEADER, ENCOURAGING A "TEAM ATMOSPHERE". THIS BUILDS GREAT MORALE AMONG ALL OF HIS TEAMMATES AND MAKES THEM ALL BETTER WORKERS. ANDY IS ALWAYS WILLING TO TRY NEW JOBS. HE TOOK THIS TO A NEW LEVEL WHEN HE ASSISTED A VOLUNTEER FOR THE ANIMAL CONTROL DEPARTMENT TO SEPARATE A DOG FIGHT. NOT ONLY DID THIS SAVE THE LIFE OF THE SMALLER DOG, IT GAVE THE VOLUNTEER CONFIDENCE IN THE DEPARTMENT. ANDY IS ALWAYS SUGGESTING AND SHARING IDEAS TO MAKE WORK MORE EFFICIENT AND EFFECTIVE AND OF- TEN THESE IDEAS, LITTLE OR BIG, GET IMPLEMENTED. HE IS ALWAYS ONE OF THE FIRST TO VOLUNTEER FOR A NEW JOB OR A JOB THAT IS NOT TOO PLEASANT LIKE CLEANING THE PRIMARY SCUM PIT OR GOING INTO CON- FINED SPACES TO CLEAN MIXER BLADES. ANDY IS ALWAYS ON TIME, RARE- LY SICK AND IS VERY DEPENDABLE. i i i i � � o a y o � Pd. CD OCD04 Gq C n CD O CD CD r o 4 ►U �. 0 -02) �. �. CD CD W USG 0' C O 50 O CD m CD O N N N 00 Ph W OD W W N (0 O N Co O) W 00 to 0o �1 3 00 CO Ul V --.,L 00 bo C O (A00 O W U Cr O Cr O c m 3� x0To C? Wm ai m m ` om = C7 3 O °�' 3< m F O z D 'a m N o m _ ° Q (T CL j 0 D M � � (D 2 0 0 0 o m cAi C7 A O _ �1CAN N .0. N C O D O O N N N Cn N N N -A+ -A+ 0 0 CNO CNN D co ON) N O O O O O jC d �7 O N CD (n -+ O O) A W CO V O W O A (n O -+ O a W W N X O_ CC A_ j W ' 0 ' O Wo CJI CO N N O A W OOCD N C.N N W O O CCD -co m OVW 03 W �CtlO OA j WOO W 13 _ co O W D O CD co O Oj O VW W OJ OW O W O W QI N CJI O W W J W(n-+ O M O N m O 8 J V V O) W W N N A V V V (n V l7C O N O W O O O O P.0 W 0)V N A Cn A O O) CO m m CON) WO 000cno00NN0 -4 -4 W 0 W oocn O N co —L al ch v N CD Cn O O O N A O O V J CO O V A N N -+ 0 (n W O O co f' a m z W D n - C) { O O N N N N N N a 0 0 0 CO W O)N 0 0 0 7 W O N CO Cn -� O W A W W N-+ O CD V O W 0 A (n 0 0 C7 Cn In -+M A A A A A A W -+ N — - - -+ C O (Jl A W N S fA 69 1A 69 ® D �. N O) co OC � j W(n Cn N V W V p OW ��` O'O c;� O A O W (D A N CD N O A O cc0 n O D W WV OIr 141 '' (n CD C - NCONN On OO V 0N O WN N A. . O) N A Gn A O O) CO O O CJ N cD = 1 CD CO N W O 8 0 CO Cn 0 0 0 (n N O U N -+ V O O W O O Cn C O K) x — G7 c N O Ot O O O N A O O V V W O V A N N Cn (n Co O O CO C, >. r� c ® to n � ty n 1 h :r- ,� Application Exception to Burning Yard Waste City of Waterloo,Iowa The undersigned hereby requests that the City of Waterloo,Iowa consider the following application to allow the burning of yard waste in accordance with Chapter 16-12.1 of the Waterloo Code of Ordinances. 1. Name of Applicant: Hartman Reserve Nature Center,a part of the Black Hawk County Conservation Board 2. Contact Person and Phone No: Ed Gruenwald,Nature Center Director 319-277-2187 3. General Description of area to be burned(including size): We will be burning seven areas within Hartman Reserve Nature Center. These areas are marked on the attached map with a description of proposed burn areas. Gateway Prairie 1.2 acres East Manatt Lake 1 acre Roadside Prairie 1 acre Lucy's Meadow 9 acres Shirey Prairie 2 acres Gentian Prairie 2.1 acres White Oak Woodland 10 acres Dates and times of burning: The areas described above will be burned when the weather allows in Fall (October-December)of 2013. We will be consulting with the Iowa burn forecast website as to weather conditions and proper burn conditions. Description of Vegetation: All areas to be burned are restored prairie. 4. Description of management techniques: We use a crew of at least four staff with the equipment listed below. We will only burn when the wind is less then 5 mph and not blowing towards a residential area. We will back burn to prevent the fire from jumping our fire breaks. 5. Describe containment procedures: We have defined our burn areas with roads,trails or mowed areas. We also carry water packs,rakes and shovels to extinguish hot spots or fire jumps. We will dso carry a radio to call for back up if needed and a first aid kit. Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist,and 2. To determine need for stand-by vehicles FOR CITY USE ONLY: This application has been reviewed and approv d by: rova7 Date Parks&Forestry Public Works Fire Department Fee Paid $ Receipt No. PAYMENT DATE City of Waterloo BATCH NO. .01/14/2 )13 715 Mulberry St 2013-07000938 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. COUNTER 1 (319) 291-4323 2013-00004921 RECEIVED FROM CASHIER HARTMAN RESERVE Ella Ellis NATURE CENTER DESCRIPTION EXCEPTION TO BURN PAYMENT CODE RECEIPT DESCRIPTION • • C800 CLERK MISCELLANEOUS REVNU 3800 $50.00 EXCEPTION TO BURN -------------------------------..-_---._ __ -----010-03-8400 3800 MISCELLANEOUS REVENUE$50.00 To al Cash $ pp p Total Check $50.00 Total Charge $0.00 Total Other $0.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: $50.00 ----------------------- P ------------- f--1--- ------------------------- ranted by: Ella Ellis --------------- -- ---- aqe 1 of 1 01/14/2013 10:36:15 AM Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-812 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM HARTMAN RESERVE NATURE CENTER DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from the Hartman Reserve Nature Center Director, to burn approximately 26. 3 acres of prairie grass located in 7 areas within the Hartman Reserve Nature Center during the period of October - December 2013, be and the same is hereby approved. PASSED AND ADOPTED this 14th day of October, 2013 . Enest G. Clark, Mayor ATTEST: y ;Cle res, CMC City k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-812 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM HARTMAN RESERVE NATURE CENTER DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from the Hartman Reserve Nature Center Director, to burn approximately 26. 3 acres of prairie grass located in 7 areas within the Hartman Reserve Nature Center during the period of October - December 2013, be and the same is hereby approved. PASSED AND ADOPTED this 14th day of October, 2013 . —1,64,e ;'�e '�M/ E nest G. Clark, Mayor ATTEST: Suzy Sc es, CMC City C1 rk i I CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: October 1 2013 Mayor Prepared: October 9, 2013 BUCK CLARK Dept.Head Signature:__ ____ _ # of Attachments: COUNCIL SUBJECT: CLURA application for tax exemptions for new single family home construction MEMBERS located at 3834 Trent Lane,Waterloo, Iowa 50701. ................... DAVID Submitted by:Noel Anderson-Community Planning&Development Director JONES Ward I Recommended City Council Action: Resolution approving CLURA application CAROLYN from Harold O' Bryon for the construction of a new single family home located at COLE 3834 Trent Lane, Waterloo, Iowa 50701, valued at$200,000, and authorize Mayor Ward and City Clerk to execute said documents. HAROLD GETTY Summary Statement: The Planning, Programming, and Zoning Commission staff has Ward 3 reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban HARTRevitalization Area Plan. HART Ward 4 RON ADDRESS WELPER 3834 Trent Lane, Waterloo, Iowa 50701 Ward 5 BOB LEGAL DESCRIPTION GREENWOOD See attached At-Large Expenditure Required:N/A STEVE SCHMI'IT Source of Funds:N/A At-Large Policy Issue: CLURA Alternative:N/A Attachment(s) CC:Noel Anderson, Community Planning&Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I`working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council.Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: !`�"4rZ c (. ID SIGNATURE: ..� ADDRESS: TELEPHONE: Z - 7 T DATE: �2- — P� A. What is the Address of the property being improved? f ('.c-7v, What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: V,! `!- Date permit was issued: iol`1-17f— 1 Total permit(s)valuation: 00C) D. What was the cost of the new construction? C-C o c. E. Estimated or actual date of completion of this new construction? 2e, (2— CITY e, t2— CITY OF WATERLOO APPROVED DATED:V7RESOLUTION NO:X 1 --D DENIED BLACK HAWK COUNTYASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Addendum 1, Unit 3834 and the undivided percentage interest in the common elements appurtenant to said unit, "Trent Hill Condominium No. V,Waterloo,Black Hawk County,Iowa,recorded August 13, 2003 in Doc. #2004-05108, as amended by First Amendment to Declaration recorded August 16, 2004 in Doc. #2005-04203, Second Amendment to Declaration recorded October 12,2006 in Doc. #2007-08559 and Third Amendment to Declaration recorded July 18,2013.in Doc. #2014-01467 being laid out on part of Parcel "M" of Plat of Survey filed in 343 Misc. 864. AND Trent Lane Access Easement being that part of Parcel"M" of Plat of Survey 343 Misc 864 of part of the Southwest Quarter of Section No, 5,Township 88 North,Range No. 13 West of the Fifth Principal Meridian,Black Hawk County, Iowa, described in Survey Doc. #2004-05109 filed August 13, 2003. R2K Too, L.L.C. is a manager-managed limited liability company. This conveyance is in the ordinary course of R2K Too, L.L.C.'s business or affairs. Richard C. Young is authorized to act on behalf of R2K Too, L.L.C. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-813 RESOLUTION APPROVING APPLICATION WITH HAROLD O' BRYON FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $200, 000 . 00 FOR PROPERTY LOCATED AT 3834 TRENT LANE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) , IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Harold O' Bryon has submitted an application dated August 2, 2013 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $200, 000. 00 for property located at 3834 Trent Lane, more fully described as follows : Unit 3834 and the undivided percentage interest in the common elements appurtenant to said unit, "Trent Hill Condominium No. 1", Waterloo, Black Hawk County, Iowa, recorded August 13, 2003 in Doc. #2004-05108, as amended by First Amendment to Declaration recorded August 16, 2004 in Doc. #2005-04203, Second Amendment to Declaration recorded October 12, 2006 in Doc. #2007- 08559 and Third Amendment to Declaration recorded July 18, 2013 in Doc. #2014-01467 being laid out on part of Parcel M" of Plat of Survey filed in 343 Misc. 864 . AND Trent Lane Access Easement being that part of Parcel "M" of Plat of Survey 343 Misc 864 of part of the Southwest Quarter of Section No. 5, Township 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, described in Survey Doc. #2004-05109 filed August 13, 2003, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such construction is eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 1000 For the second year 1000 For the third year 1000 Resolution No. 2013-813 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 14thda of October, 2013 . Er est G. Clark, Ma or ATTEST: uzy Sch res, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED ,`ye' 5 /3y6 TRAVEL REQUEST FY, b BUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE ,,) f!./�i ✓1 c/� Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Katy Albert& Sophia Hamilton—Performance Artists September 17, 2013 NAME OF CLASS/ MEETING: DESTINATION: Waterloo Center for the Arts Vertigo Performance Art Series DEPARTURE POINT IF NOT WATERLOO: Chicago, Illinois DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Thursday, October 10, 2013 Saturday, October 12, 2013 Friday, October 11, 2013 PURPOSE OF TRAVEL/TRAINING: Ms. Albert and Ms. Hamilton will be participating as guest artists in the Vertigo: Chicago Performance Art Series to be held at the Waterloo Center for the Arts. They will also be providing assistance in workshops at the University of Northern Iowa. Vertigo is long standing collaboration between the Waterloo Center for the Arts and the University of Northern Iowa Department of Art. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 6)10;?&y 5'1g2f1 $125.00 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 125.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUB PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICI TO THE CITY WAT RLOO �, 'el D PARTMENT HEAD IZZ= MAYOR 113 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 0%Cj TRAVEL REQUEST FY A/ 'BUDGETED CITY OF WATERLOO EXPENDED YTDyy;�, THIS REQUEST /A 5, -o LEFT AFTER THIS REQUEST DATE L1��� /�- °/?L Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Joseph Ravens &Adam Rose—Performance Artists September 17, 2013 NAME OF CLASS/ MEETING: DESTINATION: Waterloo Center for the Arts Vertigo Performance Art Series DEPARTURE POINT IF NOT WATERLOO: Chicago, Illinois DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Thursday, November 1, 2013 Saturday, November 3, 2013 Friday, November 2, 2013 PURPOSE OF TRAVEL/TRAINING: Ms. Albert and Ms. Hamilton will be participating as guest artists in the Vertigo: Chicago Performance Art Series to be held at the Waterloo Center for the Arts. They will also be providing assistance in workshops at the University of Northern Iowa. Vertigo is long standing collaboration between the Waterloo Center for the Arts and the University of Northern Iowa Department of Art. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: yZr:/_W $125.00 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 125.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES PelPFUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF W TERLO i� DEPARTMENT AD MAYOR DATE T= DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CO 0 _ / g > / 0 / (D ] / \ ƒ » / \ \ ƒ m 2 $ (D m CD / E E v a co E / \ a 0CDw \ § k cr � \ \ k 0 } / ƒ R | 0 f v ¥ � (D } $ $ � m _ 0 w mo / 3 m / : Q cCLR m $ § O } CL J i � $ � ƒ _0 / / OL). 2 T \ ® $ « > _ .69 \ / E m _/ /. k N) 0 \ / 0 CD / / 7 § § O / d — 3 / Z \ \ , £ 7 Zk q ƒ % Q 0 ƒ > � Cl) C) CD 7 D � � 2 O m a m 3 a 0 7 2 \ / 7 ƒ 0 R CD O E (D -N Q / % 9 6 ® / / / k \ 2 3 c t E w e rP Hnnnnnn w [ n) as > > > > d � o yz � �oPO let P o z00x � � � y � xCnxxxc c) y In y . 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D 0C) rnmn O W D y ° � G) G) -4 v w N N o CP A :3 0 0 o N 00 CD (D 4 _. y Cn O (. O (C) 0 CD \ O O O O r N v v v v 0 W Cl) W W O O O O Cr O O O O C N N N N p O Cl O O W W W W O O O O V —1 —1 V r r. r r n M -n -n -� � � -i D p p (n ()I O O o o vow -4 - � o a W N 501 Sycamore Street,Suite 222•Waterloo,Iowa 50703• (319)232-6531•Fax: (319)232-0271 A:C jM Invoice Invoice To: Date: October 3,2013 Mr. Eric Thorson, P.E. Project Number: 60188622 City of Waterloo 715 Mulberry Street Invoice No: 9937381789 Waterloo, Iowa 50703 Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Professional Services Agreement Dated July 18, 2011 Progress Billing: August 24, 2013 through September 27, 2013 Storm Water Lift Station Blower's Creek Dry Run Creek 1 1 J L,L `'k Direct Labor $147,274.06 $64,182.51 �� 7 1, Indirect Costs $235,638.50 $102,692.03 Direct Expenses $1,847.80 $267.56 Stantec $2,118.00 $200.00 Terracon $3,110.50 $0.00 ( Fixed Fee $49,778.63 $21,693.68 Total Costs to Date $439,767.49 $189,035.78 Less Previous Billing $438,930.27 $180,927.60 Amount Due $837.22 $8,108.18 TOTAL AMOUNT DUE 8,945.40 Remit to: AECOM Technical Services,Inc 9 1178 Paysphere Circle• Chicago,IL 60674 ATTN :ERIC THORSON Invoice Date: 03-OCT-13 CITY OF WATERLOO Invoice Number: 9937381789 WATERLOO WATERLOO,IA 50703 Agreement Number: 60188622 Please reference Invoice Number and Project Number with Remittance Project Number :60188622 Project Name :WAT-Stormwater Pump Stations-Dry Run Creek Bill Through Date :24-AUG-13 to 27-SEP-13 Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Multiplier Billed Amt Allyn,Todd L Project Professional 13-SEP-13 2.00 42:80 85.60 Allyn,Todd L Project Professional 20-SEP-13 8.00 42.80 342.40 Allyn,Todd L Project Professional 27-SEP-13 12.00 42.80 513.60 Bartlein,Ashley L 06-Civil-Prof 30-AUG-13 -1.00 27.32 -27.32 Bartlein,Ashley L O6-Civil-Prof 20-SEP-13 4.00 27.32 109.28 Bernhardt,Mary E Project Support 30-AUG-13 0.50 26.00 13.00 Eaton,Steven J Senior Professional 30-AUG-13 3.00 85.95 257.85 Eaton,Steven J Senior Professional 13-SEP-13 1.00 85.95 85.95 Eaton,Steven J Senior Professional 27-SEP-13 2.00 85.95 171.90 Kimball,Daniel D(Dan) Staff Professional 30-AUG-13 3.00 34.50 103.50 Kimball,Daniel D(Dan) Staff Professional 06-SEP-13 7.00 34.50 241.50 Kimball,Daniel D(Dan) Staff Professional 13-SEP-13 6.00 34.50 207.00 Kimball,Daniel D(Dan) Staff Professional 20-SEP-13 11.00 34.50 379.50 Kimball,Daniel D(Dan) Staff Professional 27-SEP-13 8.00 34.50 276.00 Total Labor Multiplier 66.50 2,759.76 2,759.76 Labor CPFF OverHead Markup 4,415.62 Labor CPFF Total 7,175.38 Lump Sum Description Billed Amt Fixed Fee Labor 932.80 Total Lump Sum 932.80 Project Total :WAT-Stormwater Pump Stations 8,108.18 Invoice Summaries Total Current Amount: 8,108.18 Retention Amount: 0.00 Pre-Tax Amount: 8,108.18 Tax Amount: 0.00 Total Invoice Amount: 8,108.18 ATTN :ERIC THORSON Invoice Date: 03-OCT-13 CITY OF WATERLOO Invoice Number: 9937381789 WATERLOO WATERLOO,IA 50703 Agreement Number: 60188622 Please reference Invoice Number and Project Number with Remittance Project Number :60188622 Project Name :WAT-Stormwater Pump Stations—Blower's Creek Bill Through Date :24-AUG-13 to 27-SEP-13 Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Multiplier Billed Amt Schindel,Douglas W Senior Professional 20-SEP-13 2.00 71.24 142.48 Schindel,Douglas W Senior Professional 27-SEP-13 2.00 71.24 142.48 Total Labor Multiplier 4.00 284.96 284.96 Labor CPFF OverHead Markup 455.94 Labor CPFF Total 740.90 Lump Sum Description Billed Amt Fixed Fee Labor 96.32 Total Lump Sum 96.32 Project Total :WAT-Stormwater Pump Stations 837.22 Invoice Summaries Total Current Amount: 837.22 Retention Amount: 0.00 Pre-Tax Amount: 837.22 Tax Amount: 0.00 Total Invoice Amount: 837.22 CITY OF W TERL O , IOWA CITY HALL 715 MULBERRY STREET 50703 • • • Today's Date: 101712013 Effective Date: 912712013 Employment Date: 612712013 To: City Council Members Re: Notice of Severance Department City Clerk Job Title/Classification Administrative Secretary This is to report that the employment of Linnea Martinez with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned 21 Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 20 $ 19.79 $ 395.80 Vacation-Current $ - Usable Sick Leave (x)25% $ Frozen Sick Leave (x)60% $ - Personal Hours 14.25 $ 19.79 $ 282.01 Comp Time Pay $ - Unscheduled Leave $ _ Other Pay 3.5' $ 19.79 $ (69.27) Total Payment $ 608.54 Comments: "Deduction for overuse of sick leave Approved by Af,,e- IDate A.1 P•r Human Resources L`._ i f Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6128/11 Council Agenda Date:_.j 14 ( ❑ Accruals ❑Status ❑-9 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-838 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO. 849 . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Waste Management Services Superintendent of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, Iowa, and WHEREAS, said Waste Management Services Superintendent did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th da f October, 2013 . Ernest G. Clark, Mayor ATTEST : ;uz"yC ares, CMC City Cl rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-839 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO. 849, IN THE CITY OF WATERLOO AS NOVEMBER 12, 2013, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 12th day of November, 2013, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of October, 2013 . —� I --�' zoo," Ernest G. 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Q Stanley Consultants INC ENGINEERIN�ORLD CITY ENGIf`CEE�V C WKIEFLGO,lA 100 Court Avenue, Suite 300 September 25, 2013 Des Moines, IA 50309-2200 Project No: 23209.01 00`:1!7'Ell. Invoice No: 0162028 ��` City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Jamie Knutson, Associate Engineer For: Storm Water Lift Stations, Study& Design Phase Westfield Ave., Virden Creek and Vinton Professional Services from July 28 2013 to Auqust 31 2013 Fee Percent Previous Current Billing Phase Fee Complete Earned Billing Billing Westfield Ave 317,333.00 100.00 317,333.00 317,333.00 0.00 Virden Creek 129,161.00 100.00 129,161.00 129,161.00 0.00 Vinton 150,593.00 100.00 150,593.00 150,593.00 0.00 Total Fee 597,087.00 597,087.00 597,087.00 0.00 Total Fee 0.00 Total this Project 0.00 -------------------------------------------- For: Bidding Phase Billing Limits Current Prior To-Date Total Billings 0.00 11,194.10 11,194.10 Limit 11,194.10 Total this Project 0.00 -------------------------------------------- Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0162028 For: Construction Phase Professional Personnel Hours Rate Amount BC-20 32.00 211.00 6,752.00 BC-19 7.00 200.00 1,400.00 BC-16 4.50 167.00 751.50 BC-15 17.50 156.00 2,730.00 BC-13 16.50 136.00 2,244.00 BC-10 4.00 106.00 424.00 BC-09 200.00 97.00 19,400.00 BC-08 29.00 89.00 2,581.00 BC-06 2.00 74.00 148.00 BC-05 .50 66.00 33.00 BC-03 7.50 51.00 382.50 BC-02 28.00 43.00 1,204.00 Totals 348.50 38,050.00 Total Labor 38,050.00 Reimbursable Expenses Travel 1,478.40 Meals 165.69 Telephone 66.47 Expense Report Mileage 115.83 Total Reimbursables 1,826.39 1,826.39 Unit Billing Car Mileage - 2WD 1,765.0 Miles @ 0.65 1,147.25 Copy Processes 20.00 Total Units 1,167.25 1,167.25 Billing Limits Current Prior To-Date Total Billings 41,043.64 80,887.51 121,931.15 Limit 353,956.00 Remaining 232,024.85 Total this Project $41,043.64 ------------------------------------------ For: Subconsultant Fees SubConsultants Subconsultant 7/29/2013 Terracon Consultants Inc 282.50 8/31/2013 Terracon Consultants Inc 870.50 Total SubConsultants 1,153.00 1,153.00 Page 2 Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0162028 Billing Limits Current Prior To-Date Total Billings 1,153.00 1,172.00 2,325.00 Limit 22,500.00 Remaining 20,175.00 Total this Project $1,153.00 ------------------------------------------ For: Stormwater Lift Stations Environmental Monitoring Professional Personnel Hours Rate Amount BC-12 7.00 126.00 882.00 Totals 7.00 882.00 Total Labor 882.00 Reimbursable Expenses Miscellaneous 1,731.51 Total Reimbursables 1,731.51 1,731.51 Billing Limits Current Prior To-Date Total Billings 2,613.51 2,364.00 4,977.51 Limit 5,528.00 Remaining 550.49 Total this Project $2,613.51 -------------------------------------------- TOTAL THIS INVOICE $44,810.15 CREDIT FROM OVERPAY ON INVOICE#0160864 $ 883.83 BALANCE DUE $43,926.32 ' If you have any questions regarding this invoice, please contact Dan Fullerton at 515-447-4408 or Amy at 563-264-6419. / Page 3 Storm Water lift Station Sudy, Design, Bidding and Constructon Services Westfield Avenue,Virden Creek and Vinton/18th Street Waterloo, Iowa Summary Bidding and Construction Phase Compensation Subtotal Fee Current Prior To-Date Westfield $ 212,246.00 $ 22,405.08 $ 50,981.38 $ 73,386.46 Virden $ 57,886.00 $ - $ 9,517.71 $ 9,517.71 Vinton/18th $ 115,770.00 $ 22,405.07 $ 35,118.53 $ 57,523.60 Total Fee $ 385,902.00 $ 44,810.15 $ 95,617.61 $ 140,427.76 a A AV, C/) / » 9 0 \ / R 0 < 2 m \ \ E l< CL :3 0 ° q ] 0 a a a a 2 7 n a 7 CD u m » C/) (n % 7 / ? ® E v Q w E CD \ a 0 / 2 q co k o I ® _ § i c Z ! 7 C) | 0 \ Q CD 0 / E } � > g , m c . � 0 m . \ ? \ > g / A a M CL � 0 m0 $ -4 \ \ / < > ® 2 < > / q / 0 a § > Geo O gm / q r (D / -0 (D k ) / / ƒ CD / m CL / \ / 0 Z� 3 M y-a « O 2 CD \ / /f > m 7 � Ga \ \ § kf \ . / 3 CDa 2 2 ( co aD { CL 3 ƒ N k m u CD_ / / \ > 7 � \ 2 e G . t o u 2 _W O O 0 -n i W = 0 C p r A 0 O y x X o < y 0 r C n v m rD (n � � p 2 O m P. � m 0 0 p m f77 a m m m 0 2 D D D C) n N r � r r rn < � m m M v m -DXX cl) n co co I m D D y T Co rn C m n -n z Z Cp0 ZZ O C� N0 C, Z7 r� p o0 v 0 A n O O W p) C) -I } O U p m 0 o N D p O m ID .. 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A W 3 C O A (On CD0 0 N OW N O m O N p o o v, m W O CD CD o 0 o A °) D CD m w A=COM No Name Creek Interceptor Sewer Waterloo, Iowa City Contract No. 849 AECOM #60283855 Prepared For: _ City of Waterloo 715 Mulberry Street Waterloo,Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O.Box 1497 Waterloo,Iowa 50704-1497 April 2013 NO NAME CREEK INTERCEPTOR SEWER CITY CONTRACT NO. 849 CITY OF WATERLOO,IOWA Prepared For: City of Waterloo,Iowa Prepared By: AECOM April 2013 I hereby certify that this engineering document was prepared by me or under my direct Attk �4,- % personal supervision and that I am a duly licensed Professional Engineer under the laws of EN the state of Iowa. 7982 STEVEN 1.E O E Date /0 ....... + ex N License No. 7982 S/0 N A L My license renewal date is December 31,2013. Pages or sheets covered by this seal: .411 Pages NO NAME CREEK INTERCEPTOR SEWER CITY CONTRACT NO. 849 CITY OF WATERLOO, IOWA CONTRACT DOCUMENTS TABLE OF CONTENTS Page 1. NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS...............................NPH-1 to NPH-4 2. INSTRUCTIONS TO BIDDERS..................................................................................IB-1 to I13-9 3. FORM OF BID OR PROPOSAL..................................................................................BF-1 to BF-3 4. SALES TAX EXEMPTION INFORMATION FORM.................................................STE-1 5. FORM OF BID BOND.................................................................................................BB-1 6. NON-COLLUSION AFFIDAVITS..............................................................................NCA-1 to NCA-2 7. EQUAL OPPORTUNITY CLAUSE............................................................................EOC-1 to EOC-2 8. RESIDENT/NON-RESIDENT BIDDER,RESIDENT BIDDER CERTIFICATION, NON-RESIDENT BIDDER CERTIFICATION...........................................................RR-1 to RR-3 9. AFFIRMATIVE ACTION PROGRAM........................................................................1 to 9 10. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION.....................M-1 SUBCONTRACTOR'S BID REQUEST FORM............................................M-2 LETTER FORM FOR SUBCONTRACTOR QUOTES.................................M-3 MBE/WBE SCOPE LETTER.........................................................................M-4 MBE AND/OR WBE PREBID CONTACT INFORMATION FORM..........M-5 to M-6 11. CERTIFIED MBE/WBE CONTRACTORS -CITY OF WATERLOO.......................1-4 12. STATEMENT OF BIDDER'S QUALIFICATIONS ....................................................SQ-1 to SQ-2 13. GENERAL SPECIAL PROVISIONS...........................................................................GSP-1 to GSP-4 14. SPECIAL PROVISIONS..............................................................................................SP-1 to SP-4 -- Section 01 11 18 Summary of Work...........................................................01 11 18-1 to 01 11 18-3 Section 0129 73 Schedule of Values..........................................................01 29 73-1 to 0129 73-2 Section 0133 10 Submittals........................................................................01 33 10-1 to 0133 10-9 _ Section 01 43 00 Testing Laboratory Services............................................01 43 00-1 to 0143 00-3 Section 0143 26 Testing.............................................................................01 43 26-1 to 0143 26-2 Section 01 50 10 Temporary Construction Facilities and Utilities..............01 50 10-1 to 01 50 10-3 Section 01 57 00 Protection of Environment..............................................01 57 00-1 to 01 57 00-3 Section 0178 39 Project Record Documents..............................................01 78 39-1 to 0178 39-2 Section 02 41 10 Demolition.......................................................................02 41 10-1 to 02 41 10-3 Section 31 10 12 Site Preparation...............................................................31 10 12-1 to 3110 12-2 Section 40 05 62 FRP Sluice Gates.............................................................40 05 62-1 to 40 05-62-6 No Name Creek Interceptor Sewer-60283855 15. GENERAL SPECIFICATIONS FOR CONSTRUCTION............................................GS-1 to GS-13 16. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION............SGS-1 17. FORM OF CONTRACT...............................................................................................C-1 to C-3 18. PERFORMANCE BOND.............................................................................................PFB-1 to PFB-2 19. PAYMENT BOND.......................................................................................................PB-1 to PB-2 APPENDIX RAILROAD INFORMATION: Railroad Action Plans _ • Safety Action Plan • Emergency Action Plan Railroad Flagging and Cable Locate Request Forms • Flagging-Cable Locate — Right-of-Entry Agreement and Special Provisions • ROE Application • Special Provisions — POLLUTION PREVENTION PLAN.........................................................................................PPP-1 TO PPP-4 STORM WATER DISCHARGE.................................................................................................SW-1 CHANGEORDER FORM..........................................................................................................CO-1 No Name Creek Interceptor Sewer-60283855 NOTICE OF PUBLIC HEARING On Proposed Plans,Specifications,Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the NO NAME CREEK INTERCEPTOR SEWER In the City of Waterloo,Iowa CONTRACT NO.849 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 day of , 2013, until 4:00 p.m. for the construction of the NO NAME —' CREEK INTERCEPTOR SEWER, Contract No. 849, 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 open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the day of 2013, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. 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 ,2013, said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City Engineer of the City of Waterloo 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. SCOPE OF WORK The extent of the work involved is the construction of approximately 4,180 linear feet of 18-inch trenched sanitary interceptor sewer, approximately 640 linear feet of 18-inch trenchless sanitary interceptor sewer, 16 sanitary sewer manholes, the connection of existing services and mains, removal of existing manholes, abandoning of the existing sanitary interceptor sewer,and such other work as may be incidental thereto along the sanitary interceptor sewer line. 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 12013. 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(3 1)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. NOTICE OF HEARING CONTRACT NO.849 NPH-1 of 60283855/420 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates,according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A,Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the AECOM office located at 501 Sycamore Street, Suite 222,Waterloo, Iowa, 50703, upon receipt of a $25.00 deposit (CHECK ONLY). Said deposit is fully refundable if Plans and Specifications are returned in good condition no later than 14 days after the award of the contract. Return of the Plans and Specifications within the appropriate timeframe is the only condition under which a refund will be made. Planholders are responsible for ascertaining when the project has been awarded. Upon award of the project,the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority,a preference will be given to products and provisions grown and coal produced with ' the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED _ The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension(Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City)payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified NOTICE OF HEARING CONTRACT NO.849 NPH-2 of 4 60283855/420 share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the -- Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE&PAYMENT BONDS The successful bidder will be required to furnish a"Performance Bond"and a"Payment Bond"within ten(10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo,Iowa. A goal of at least ten percent(10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make"good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is — not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period,plus authorized extensions,the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars($500.00)per day, for each day, as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does,or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done,and legal holidays. 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. NOTICE OF HEARING CONTRACT NO.849 NPH-3 of 4 60283855/420 This amount is not construed as a penalty. These damages are for the cost to the City of providing the required w additional inspection,engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract,a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor,subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non- Resident Bidder Certification in the form(s)herein provided. _ SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building — materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon order to the _ City Council of said Waterloo,Iowa,on the day of 2013. CITY OF WATERLOO,IOWA BY: Suzy Schares ..- City Clerk NOTICE OF HEARING CONTRACT NO.849 NPH-4 of 4 60283855/420 INSTRUCTIONS TO BIDDERS 1. 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. .. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work,and the general and local conditions which can affect the work " or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its .,,,. officers or agents prior to the execution of the contract,unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms,each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime .r Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s)provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof,etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. C. Unless called for,alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office .. designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. -- e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided(i.e., $7.14). In items where unit price is required, _ the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-I of 9 "" 60283855 If the bidder chooses to submit the unit prices, total bid price, and total bid on a _ computer-generated spreadsheet,all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. _ g. If the bidder does not qualify as a resident bidder,the nonresident bidder shall specify on the"Non-Resident Bidder Certification" form whether any preference to resident bidders, including but not limited to any preference to bidders,the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall _ before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived,and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening,but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible,such bid will be received and considered. C. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation,shall made the bid so modified or amended,subject to rejection. 5. 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 of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set 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. 7. 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 INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-2 of 9 60283855 I� r. 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 bond, 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. 8. 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 as 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 submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, 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. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise(MBE/WBE)in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and,thus,would allow additional bidding opportunities for MBE/WBE firms. INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-3 of 9 60283855 The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: — A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. — Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the _ benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and _ professional service provider. Minority Business Enterprise(MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 _ Women Business Enterprise(WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts,and Asian-Pacific Americans. 13 C.F.R. 124-1.1(c)(3)(ii)(1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-4 of 9 60283855 One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. ._ Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid.The obligation of the bidder is to make good faith efforts.The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal-No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING ..P The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise(MBE)and Women Business Enterprise(WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo,Iowa. A goal of at least 10%for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2%WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good- faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices),bonding,lines of credit,insurance,etc. * Evidence of past compliance or non-compliance by same contractor INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-5 of 9 60283855 i i l The Contract Compliance Officer will determine the weight to be given to each item .. listed above(supported by appropriate documentation)based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's .. compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification .. Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. II. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include,but are not limited to,the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer)at least seven(7)working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work,the City Contract Compliance Officer should be contacted .. for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews,but all such contacts shall be confirmed by Certified Mail, �- or subcontract bid request forms(Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected.These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-6 of 9 60283855 b. MBE/WBE did not bid,withdrew bid or non-responsive. C. Documentation of other business-related reason for not selecting the _ MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. -- The Contract Compliance Officer will determine the weight to be given to each item listed above(supported by appropriate documentation)based on overall program goals. III. MBEIWBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1,2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract ._ Compliance Officer seven(7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven(7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. 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 INSTRUCTIONS TO BIDDERS CONTRACT NO.849 113-7 of 9 60283855 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. '- 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically —' requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, 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 City of Waterloo,Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, _ conforming to the Specifications,is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at any time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty(30)days. b. The City Council may,when in its interest,reject any or all bids or waive any informality in bids received. C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid — price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid as indicated in the NOTICE TO BIDDERS. d. When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not _ limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT,BONDS,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 of Waterloo, INSTRUCTIONS TO BIDDERS CONTRACT NO.849 I13-8 of 9 60283855 Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo,Iowa,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 and a payment 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 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 in performing the work. The bonds shall protect and save harmless the City 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. Such bonds 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 bonds. C. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F.No. 4"Liability Insurance," Pages 14 to 15 of 19 Pages. 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 r- "Additional 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 Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen'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 of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid an 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 of Waterloo,Iowa, for a refund. 15. RESIDENT BIDDER/NON-RESIDENT BIDDER PREFERENCE Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non- Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s)herein provided. INSTRUCTIONS TO BIDDERS CONTRACT NO.849 IB-9 of 9 "� 60283855 FORM OF BID OR PROPOSAL NO NAME CREEK INTERCEPTOR SEWER CONTRACT NO.849 CITY OF WATERLOO,IOWA Honorable Mayor and City Council Waterloo,Iowa Gentlemen: 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 AECOM now on file in the office of the City Clerk,City Hall,Waterloo,Iowa,hereby proposes to furnish all —' supervision, technical personnel, labor,materials,machinery,tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this NO NAME CREEK INTERCEPTOR SEWER,CONTRACT NO.849,all in accordance with the above-listed documents and ,. for the unit prices for work in place for the following items and quantities: NO NAME CREEK INTERCEPTOR SEWER CONTRACT NO.849 BID UNIT BID ITEM DESCRIPTION UNIT EST.QTY. PRICE I TOTAL BID PRICE 1 IMobilization LS 1.0$ $ 2 Railroad Flaggers DAY 12.0 $ $ 3 Clearing and Grubbing AC I.0 $ $ 4 Sanitary Sewer Pipe,Trenched(DIP), 18-Inch LF 80.0 $ $ 5 Sanitary Sewer Pipe,Trenched(PVC), 18-Inch LF 4,092.0 $ $ 6 Sanitary Sewer Pipe,Trenched(PVC), 10-Inch LF 91.0$ $ _ 7 Sanitary Sewer Pipe,Trenched(PVC), 8-Inch LF 90.0 $ $ 8 Sanitary Sewer Pipe,Trenchless(PVC), 18-Inch LF 665.0.$ $ 9 Removal of Sanitary Sewer Pipe, 12-Inch LF 70.0 $ $ 10 Fill and Plug Sanitary Sewer Pipe, 12-Inch LF 2,320.0 11 Manhole,Sanitary Sewer,SW-301,48-Inch EA 15.0 $J $ Manhole, Sanitary Sewer,Special,Includes Sluice ` 12 Gate EA 1.0$ $ FORM OF BID CONTRACT NO.849 BF-1 of 3 60283855 w BID UNIT BED ITEM DESCRIPTION UNIT EST.OTY. PRICE TOTAL BID PRICE 13 1 Sanitary Manhole Adjustment,Major EA 1.0 $ $ 14 Connection to Existing Manhole EA 5.0 $ $ 15 Sanitary Manhole Removal EA 14.0$ $ 16 On-Site Topsoil CY 7,460.0 $ $ 17 Granular Surfacing for Driveways SY 1,400.0 $ $ Seeding,Fertilizing and Mulching for Hydraulic 18 Seeding AC 9.3 $ $ 19 Silt Fence Installation LF 2,000.0 $ $ 20 Silt Fence,Removal of Sediment LF 2,000.0 $ $ 21 Silt Fence,Removal LF 2,000.0 $ $ 22 Inlet Protection EA 1.0 $ $ 23 Inlet Protection,Maintenance EA 1.0 $ $ 24 Rock Check Dam Installation TON 2.0 $ $ 25 1 Rock Check Dam Removal EA 2.0 $ $ Temporary Rolled Erosion Control Products, 26 Type 2D SY 625.0$ $ TOTAL BID 1 $ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed,telegraphed,or delivered to the undersigned within thirty (30) days after the 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. 4. Security in the sum of Dollars ($ )in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non-Resident Bidder Certification — ( ). (Mark one.) FORM OF BID CONTRACT NO.849 BF-2 of 3 60283855 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the City in the current calendar year,are prepared to submit an AAP or Update and an EOC,within ten(10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL"Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: "— 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S.No. FORM OF BID CONTRACT NO.849 BF-3 of 3 60283855 CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. ' Waterloo,IA 50703 (319) 291-4312 Fax(319) 291-4262 ERIC THORSON,P.E. City Engineer Mayor INFORMATION NEEDED ERNEST G. FOR CLARK IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE COUNCIL MEMBERS CONTRACTOR NAME: . . . . . . . . . . . . . . . DAVID JONES ADDRESS: Ward/ CAROLYN COLE Ward 2 HAROLD (Check One) PRIME: SUBCONTRACTOR: GETTY Ward 3 QUENTIN FEDERAL ID#: HART Ward 4 RON PROJECT NAME: WELPER Ward 5 BOB DESCRIPTION OF WORK: GREENWOOD At-Large _ ❑ Brickwork ❑ Landscaping STEVEN SCHMITT ❑ Carpentry ❑ Painting At-Large ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please Specify) ,_ ❑ Heating-Ventilating-Air Cond. ❑ WE'RE WORKING FOR YOU! -- An Equal Opportunity/Affirmative Action Employer SATES TAX EXEMPTION CONTRACT NO.849 STE-1 of 1 60283855 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 2013, 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. 2013. (Seal) Principal By _ (Title) (Seal) Witness Surety By Witness Attorney-in-fact BID BOND CONTRACT NO.849 BB-1 oft 60283855 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )ss 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. (Signed) Title Subscribed and sworn to before me this day of 2013. Title My commission expires NON-COLLUSION CONTRACT NO.849 NCA-1 of2 60283855 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) )ss 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 project in (City or County and State) 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;and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any T collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives,owners,employees,or parties in interest,including this affiant. (Signed) Title wo Subscribed and sworn to before me this day of 12013. r r Title My commission expires I.n r NON-COLLUSION CONTRACT NO.849 NCA-2 of 2 60283855 I 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 contractors, 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 contractor, 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, terniinated 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. EQUAL OPPORTUNITY CONTRACT NO.849 EOC-1 of 2 60283855 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 CONTRACT NO.849 EOC-2 of 2 60283855 RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: _ Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder,the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above _ definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 -. RESIDENT BIDDER CONTRACT NO.849 RB-1 of 3 60283855 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that -- state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER TITLE DATE RESIDENT BIDDER CONTRACT NO.849 RB-2 of 3 60283855 i I i NON-RESIDENT BIDDER CERTIFICATION i CONTRACT NO.: PROJECT NAME: DATE OF LETTING: I hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: i CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: i I .. Stated below are the preference(s)to resident bidders in the state/country of (Preference to bidders,labor force,or other preferential treatment to bidders or laborers,etc. — I — i i i RESIDENT BIDDER CONTRACT NO.849 RB-3 of 3 60283855 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number( ) Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number( ) Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number)_ Name of Equal Employment Officer - 1 - C. Remainder of program to be completed by party completing program,either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization,give the following information: — Type of Name Address Affiliation Degree IL EMPLOYER'S POLICY(Please read carefully.) A. We, the undersigned,recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed,sex,national origin, economic status,age,mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training,upgrading,promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended,and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of _ capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin,economic status,age,and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo,Iowa,to the greatest extent feasible. -2- III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) _ effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six(6)steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment;and 6. Training,Upgrading and Promotional Opportunities. — C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media(newspapers,radio,TV); 2. Community organizations(churches,clubs, schools); 3. Public and private institutions in the area(UNI,Hawkeye Community College); 4. Job Service of Iowa;and 5. Other. D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading,promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority,female,and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. -3- H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none,write "NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none,write"NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority,female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City,and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity= .08 (8%) N. Affirmative Action (Name of Company) Employment Goals: _ The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." '^ For the year 200_,please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women,please submit that percentage. *Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between 1%and 10%or more for minorities and 1%and 5%or more for women. -4- Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 20i Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). -5- CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H s -6- We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: -7- DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies,exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors,sheriffs,police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers,messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks,dispatchers,license distributors,payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians,heavy equipment operators, stationary engineers,skilled machine occupations,carpenters,compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators,salesmen and sales clerks,grocery clerks and cashier checkers,and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers,carpenters,electricians,machinists,mechanics,printing trades,etc.,operatives,attendants(auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers,weavers,(textile),welders and flame cutters and kindred workers. -8- 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting,digging,mixing,loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship,regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-60): Production, persons in formal training for craftsmen when not trained under apprentice programs--operative laborer,and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. -9- ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the NO NAME CREEK INTERCEPTOR SEWER,CONTRACT NO.849,project that have a potential for MBE/WBE Participation. This listing,however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BED EST.QTY./ ITEM DESCRIPTION UNIT 3 Clearing and Grubbing 1.0 Acre 18 Seeding,Fertilizing and Mulching for Hydraulic Seeding 9.0 Acre 19 Silt Fence Installation 2,000.0 LF 20 Silt Fence,Removal of Sediment 2,000.0 LF 21 Silt Fence,Removal 2,000.0 LF 22 Inlet Protection 1.0 Each 23 Inlet Protection,Maintenance 1.0 Each 24 Rock Check Dam Installation 2.0 Ton 25 Rock Check Dam Removal 2.0 Each 26 Temporary Rolled Erosion Control Products,Type 2D 625.0 SY MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: — Prime Contract Bidders should be aware that ten percent(10%)MBE goal and two percent(2%)WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors,but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo,Iowa 50703 Phone: (319)291-4429 MBE/WBE PARTICIPATION CONTRACT NO.849 M-1 of 6 60283855 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD — Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by(date)and(time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature MBE/WBE PARTICIPATION CONTRACT NO.849 M-2 of 6 60283855 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race,religion,color,sex,or origin. If interested in bidding your proposal must be turned in to this office by (Date) and (Time) Sincerely, (Prime Contractor's Representative) Form CCO-3 (11/28/2001) MBE/WBE PARTICIPATION CONTRACT NO.849 M-3 of 6 60283855 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program-2002,all MBE/WBE Contractors interested in .. submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven(7)days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: 's Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: 4 (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex,Suite 202 Waterloo,IA 50703 Phone: (319)291-4429 Form CCO-5(06-20-2002) i MBE/WBE PARTICIPATION CONTRACT NO.849 M-4 of 6 60283855 ti..r L � L. o " v .oL y -v L U i O > j :O-0' °„ " � O r •- � E 'A M. o c c° E C"1 s O J ai yi c U Y v �— ? E 2 = U _ U y a c s .� 3 O iCd E E. a G i 3 cn y U y Q o G a ss E CL to `t) p c cc's U Ls7 C!1 .L 3 .� r `� U i C ., cr a c E E ' 7 E3y J 3 � 0cd CA 00 a y U v s v «- f a 2 c y > u v 3 r y CI y ✓; a J y �.. O y � O O' G " b4 �. ". � :� y c 312 y ' yL -E-: U — .0 C •— ,• r G��„ .: v EL a~ L c 0 v � bA � O C y v c � r3 .y0 E L J O o .2 Oct c v O ^L i1. - O �J � " v•O '"' � y U m n � �.. J "O O J� cC y •m by a) L x y 7 J Z .•-� i ..T. J �" "' 3 ^vL' - r1' C C L O '•. L o c = U v T? i m 3 _3 a a 3 s > n c C: y u ? " Ny _a °i c c 3 J y x E_ > an 3 t C 3 a ¢ ' zzgp ^L ° .� o ivy y co c m s is ti cy `-� � � '� .^�j^r d' •� •� a •> = y � � ¢ O = � L y v ru U < O J ^' c O t w cyi xc L NvOi :'� ri d' 'yi v: U MBE/WBE PARTICIPATION CONTRACT NO.849 PkEe 5 of 6 60283855 O r+�•' eC o o 75r- -C `c_ > 4 C o y j — c =Q Y s o yC toC' O ,� .y,� •> J .3 J v 5 0 3J y I > E C I y L -14 y Gti Q � _r_ yC5u cm �_ d 'O w N � 3 r� 75 Z- Lz z L6 Ztt _ J z 7 rF— Ic. \ rY �•v: > 3 ccl C = Z Z ow c x v cc n i � o •� �- W � Q CJ 3 t \ 7J f y J N O co r L z tQ L F .: a y > me c � T L Z ?,J L E v 0 ;j � � � O • � LY � N y .� U � � L CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA -- CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex, Suite 202 �- 620 Mulberry Street Waterloo,Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: hlt 2://www.wl3lwloo.lib.ia.us/contractcompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.ioneskwaterloo-ia.or� Phone: (319) 291-4429 Fax: (319) 291-4431 _ MBE/WBE Certified Contractors List Page 1 o f 4 CERTIFIED MBE CONTRACTORS - CARTER ELECTRIC 725 Adams Street — Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 — Contact: Derrick Carter Specializing in: — ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC - 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 — Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician — Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street _ Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels — Specializing in: ALL TYPES OF CONCRETE FLA TWORK, POURED WALLS ALL TYPES, FOOTINGS, LIGHT DEMOLITION — D.C. CORPORATION 426 Beech Street — Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319) 236-0515 — Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: — COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 2 o f 4 — GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: --- DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 _ Waterloo, IA 50704 Phone: (319) 233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE — Specializing in: CONCRETE PAVING, ASPHALT, DRIVEWAYS, SIDEWALKS, TRUCKING OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLA TWORKAND GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 3 of: 4 CERTIFIED WBE CONTRACTORS - ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 _ Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: — COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Avenue _ Waterloo, IA 50701 Phone : (319) 233-6131 FAX: (319) 233-6133 _ email: JR11486(a-)cfu.net Certified: City of Waterloo WBE Contact : Carol Reese _ Specializing in: FLOOR COVERING WATCO CONSTRUCTION, INC.* _ 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 _ Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: _ STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 4 of 4 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo,Iowa.) All questions must be answered and the date 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 he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,when 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 month and year completed. '— 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. r 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? STATEMENT OF BIDDERS QUALIFICATIONS CONTRACT NO.849 SQ-1 of 2 60283855 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. Dated at this day of 2013. (Name of Bidder) By: Title: State of _ ss: County of ) being duly sworn deposes and says that 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 12013. Notary Public My commission expires * * *END OF SECTION STATEMENT OF BIDDERS QUALIFICATIONS CONTRACT NO.849 SQ-2 of 2 60283855 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor,equipment,and materials and performing all operations, in connection with the NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO.849,as shown on the contract drawings and in accordance with these specifications. The contract drawings,which accompany and form a part of this contract and specifications,are dated 2013 . They have the general title of NO NAME CREEK INTERCEPTOR SEWER,CONTRACT NO.849. The drawings are numbered and separately entitled as follows: DRAWING TITLE NO. 01-GENERAL 01-G-01 TITLE SHEET&INDEX OF SHEETS 01-G-02 ESTIMATED QUANTITIES AND REFERENCE NOTES 01-G-03 CIVIL LEGEND 01-G-04 GENERAL NOTES 02-CIVIL 02-C-01 PROJECT OVERVIEW 02-C-02 BENCHMARKS,CONTROL POINTS,AND ALIGNMENT DATA 02-C-03 PLAN AND PROFILE 02-C-04 PLAN AND PROFILE 02-C-05 PLAN AND PROFILE 02-C-06 PLAN AND PROFILE 02-C-07 PLAN AND PROFILE 02-C-08 PLAN AND PROFILE 02-C-09 PLAN AND PROFILE 02-C-10 PLAN AND PROFILE r. 02-C-11 PLAN AND PROFILE 02-C-12 PLAN AND PROFILE 99-DETAILS 99-C-01 MISCELLANEOUS DETAILS 99-C-02 GATEWELL MANHOLE DETAILS The 2012 Standard Specifications for the Iowa Statewide Urban Design and Specifications Program (as referenced) are to be used along with the special provisions and General Specifications for Construction described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. GENERAL SPECIAL PROVISIONS CONTRACT NO.849 GSP-1 of4 60283855 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material,as designated by the City Engineer, shall be hauled to the County Landfill. All -� Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship,as determined by the Engineer,shall be considered the Contractor's responsibility. '- 5. REMOVED MATERIALS All materials removed, as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as non-salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes that interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 7. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these _ materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 8. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract,before the first estimate for _ payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 9. PERMISSION TO HAUL OVER STREETS,RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be _ required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 10. CONSTRUCTION SCHEDULING GENERAL SPECIAL PROVISIONS CONTRACT NO.849 GSP-2 of 4 60283855 The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts,which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. -�- The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 11. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction conference to discuss problems and schedules of contracts. 12. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 13. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 14. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall provide erect and maintain,at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades,signs or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide,keep and maintain such barricades, signs,etc.,as may be required -- or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. The Engineer shall review all barricading plans. The Contractor shall determine,provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police,Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Street and Highways." Encapsulated lens sheeting is not required on this project. 15. GRADES,LINES,LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established by AECOM and maintained by the Contractor. GENERAL SPECIAL PROVISIONS CONTRACT NO.849 GSP-3 of 4 60283855 The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to AECOM before commencing work. 16. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection, but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 17. WORKING ON SATURDAYS SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight(48)hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2013 due to City holidays: May 25-27; July 4;August 31 -September 2,and November 11. * * *END OF SECTION — GENERAL SPECIAL PROVISIONS CONTRACT NO.849 GSP-4 of 4 60283855 SPECIAL PROVISIONS 1. TRAFFIC CONTROL--IMPROPER MAINTENANCE The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include,but not be limited to,the following situations: A. Less than 100 percent of lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment is not working at the location. E. Lack of proper barricades or signage. Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1 st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion(amount or more equal or greater than$1,000) 2. 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$500.00 per day, for each day, as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not -- chargeable for Liquidated Damages will include rain days, Sundays if no work is done,and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list item 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. SPECIAL PROVISIONS CONTRACT NO.849 SP-1 of4 60283855 3. HAUL ROUTES Haul routes to and from the project site shall be submitted for review by the Engineer. In general, the Contractor shall request haul routes over the main streets in the area, staying on streets within the project as much as possible and should not include truck-embargoed streets. _ 4. STANDARD SPECIFICATIONS The Standard Specifications,which are referenced in the contract documents,are designated as follows: SUDAS STANDARD SPECIFICATIONS - "2012 Standard Specifications for the Iowa Statewide Urban Design and Specifications Program" (unless otherwise noted)and current revisions thereof IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation, Ames, Iowa, Series 2012" (unless otherwise noted) and current revisions thereof. — WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction,City of Waterloo, Iowa." ._ 5. PERCENT OF CONTRACT TO BE PERFORMED BY CONTRACTOR A. The prime contractor shall be required to perform at least 35 percent of the total contract amount of the project. 6. SPECIAL PROVISIONS , Standard Specifications are amended by the following additions. These are Special Provisions and shall prevail over those published in the Standard Specifications. Section 01 11 18 Summary of Work Section 0129 73 Schedule of Values Section 01 33 10 Submittals Section 0143 00 Testing Laboratory Services Section 01 4326 Testing Section 01 50 10 Temporary Construction Facilities and Utilities Section 01 5700 Protection of Environment Section 01 7839 Project Record Documents Section 02 41 10 Demolition Section 31 10 12 Site Preparation Section 40 05 62 FRP Sluice Gates Special Provisions Relative to Flagging and Other Protection of Railroad Company Traffic and Facilities (See Railroad Information in Appendix) _ 7. QUANTITY ADJUSTMENTS The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As- Built" quantity of the listed item by more than twenty (20%) percent from the estimated quantity specified in the contract. _ SPECIAL PROVISIONS CONTRACT NO.849 SP-2 of 4 60283855 BID -- ITEM DESCRIPTION EST.QTY. 3 Clearing and Grubbing 1.0 Acre 16 On-Site Topsoil 7,150.0 CY r 17 Granular Surfacing for Driveways 1,100.0 SY 18 Seeding,Fertilizing and Mulching for Hydraulic Seeding 9.0 Acre 19 Silt Fence Installation 2,000.0 LF 20 Silt Fence,Removal of Sediment 2,000.0 LF 21 Silt Fence Removal 2,000.0 LF 26 Temporary Rolled Erosion Control Products,Type 2D 625.0 SY 8. SHOP DRAWINGS CERTIFICATES AND EQUIPMENT LISTS A. Submission of Drawings: 1. The Contractor shall submit to the Engineer all shop drawings and equipment drawings or lists as called for in the contract documents or as requested by the Engineer. Drawings and listings shall be complete and shall contain all required detail information conveyed according to the latest recommended standards for detailing. 2. The Contractor shall make any corrections required by the Engineer and submit the revised shop or equipment drawings or listings for review.After review by the Engineer,the shop or equipment drawings or listings will be so marked, dated, signed by the Engineer, and forwarded to the Contractor for reproduction and distribution. B. Submission of Equipment Lists: 1. If requested in the contract documents, as soon as practicable after award of contract and before any items of material or equipment are purchased, the Contractor shall submit to the Engineer for review a complete list of the principal fixtures and equipment to be incorporated into the work. 2. The Contractor shall also submit applicable brochures, technical data, catalogs, cuts, diagrams, manufacturer's drawings and installation instructions, samples if required, and -- other descriptive data including the complete description, trade name, model number, type, size,and rating. C. Engineer's Review: 1. Review by the Engineer shall not be construed as a complete check but will indicate only that the general method of construction and detail is satisfactory. The Engineer assumes no responsibility for errors in dimensions in the shop drawings and assumes the Contractor will use material complying with requirements of the contract documents or, where not specified, those of sound and reasonable quality, and will erect the subjects of such shop drawings according to recognized standards of first quality work or, when specified, according to standards of the contract documents. 2. Any work done or material ordered by the Contractor prior to review by the Engineer shall '— be at the Contractor's risk. SPECIAL PROVISIONS CONTRACT NO.849 SP-3 of 4 60283855 9. PROJECT RECORD DOCUMENTS A. Maintain at the project site one record copy of the drawings, project manual, addenda, change orders and other modifications to contract, field orders or clarifications, shop drawings, field test records,and associated permits. _ B. Provide one marked up set of drawings to Engineer at substantial completion for use in preparation of record drawings. C. Maintain record documents in clean dry, legible condition and in good order. Do not use record documents for construction purposes. Make record documents available for inspection by Engineer. * * *END OF SECTION* * * SPECIAL PROVISIONS CONTRACT NO.849 SP-4 U4 4 60283855 SECTION 01 11 18 SUMMARY OF WORK PART1 GENERAL — 1.01 SUMMARY A. The extent of the work involved is the construction of approximately 4,180 linear feet of 18-inch trenched — sanitary interceptor sewer, approximately 640 linear feet of 18-inch trenchless sanitary interceptor sewer, 16 sanitary sewer manholes,the connection of existing services and mains,removal of existing manholes, abandoning of the existing sanitary interceptor sewer,and such other work as may be incidental thereto along the sanitary interceptor sewer line. B. Measurement and Payment: 1. Work specified in this section is considered incidental and payment shall be included as part of appropriate lump sum or unit prices included in Bid Form. -- 1.02 DEFINITIONS A. Standard Specifications: Iowa Statewide Urban Design and Specifications (SUDAS) and Standard Specifications for Highway and Bridge Construction,Series 2012. 1.03 FORM OF SPECIFICATIONS -- A. These Specifications are written in imperative and abbreviated form. Imperative language of Specification sections is directed at CONTRACTOR, unless specifically noted otherwise. Incomplete sentences in Specifications shall be completed by inserting "shall," "CONTRACTOR shall," "shall be," and similar _ mandatory phrases by inference in same manner as they are applied to notes on Drawings. Words"shall be" shall be supplied by inference where colon (:) is used within sentences or phrases. Except as worded to contrary, fulfill(perform)indicated requirements whether stated imperatively or otherwise. B. Items of Work are specified by section. Specifications or requirements of one or more sections may apply or be referenced in other sections. C. Provide Work described and comply with requirements stated in each Specification section and Drawings unless specifically assigned to other Contractors or OWNER. 1.04 CONTRACTS A. Perform Work under unit price Contract(s)with OWNER. 1.05 MILESTONES(WORK SEQUENCE) A. Construct Work in stages to accommodate use of site during construction period;coordinate Construction Progress Schedule and operations with OWNER. B. Construct Work in stages to provide for public convenience. 1. Do not close off public use of facilities until completion of one stage of construction provides alternative usage. 2. Stages of construction are those indicated on Drawings. O1 11 18-1 No Name Creek Interceptor Sewer-60283855 C. Due to potential health hazards and requirements of State of Iowa,Department of Natural Resources,and _ U.S.Environmental Protection Agency,existing sanitary sewer pipes shall be maintained in operation during construction of new sanitary sewer pipes or temporary pumping from existing piping to new piping shall be carried out. Sanitary sewer service shall be maintained at all times. 1.06 CONTRACTOR'S USE OF PREMISES A. Limit use of premises for Work and storage to allow for following. 1. OWNER occupancy. 2. Public use. B. Conduct operations to ensure least inconvenience to general public. Coordinate use of premises with OWNER. C. Assume full responsibility for protection and safekeeping of products under this Contract. D. Obtain and pay for use of additional storage or Work areas needed for operations at no additional cost to OWNER. _. E. Confine operations to areas within Contract limits indicated. Do not disturb portions of site beyond areas in which Work is indicated. F. Keep driveways, roads, and entrances serving premises clear and available to OWNER and public at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on Site. 1.07 EASEMENTS,LICENSES,AND PERMITS A. Easements,construction licenses,and permits obtained for Work shown on Drawings. 1. Comply with provisions of easements,licenses,and permits. 2. Obtain additional construction easements necessary to complete Work. 3. Easements are shown on Drawings. 4. Perform construction within existing rights-of-way. 5. Obtain written authorization from affected property owners or maintaining authorities if construction is outside these areas. 6. Comply with requirements of OWNERS or maintaining authorities. 7. Obtain written approval of restoration from easement grantors shown on Drawings. B. Construction in Highways: 1. Construction within rights-of-way is governed by applicable permits and appropriate sections of Contract Documents. C. Notify property owners of restoration completion by certified mail(return receipt requested,with copy to OWNER)similar to following. "The undersigned Contractor has completed restoration of construction site on which you have granted easement or license for installation of certain utilities and improvements. If site restoration is not completed to your satisfaction, please contact City of Waterloo, Iowa, in writing, and arrangements will be made immediately to view site and restore site in conformance with our Contract obligations. If City of Waterloo does not hear from you in writing within 5 days from above date,site restoration of your property will be deemed completed and acceptable to you." O1 1118-2 No Name Creek Interceptor Sewer-60283855 (Signature) (Name of CONTRACTOR) (Address of CONTRACTOR) 1. Complete Work necessary to satisfy terms of Contract. 2. Failure of property owner to notify OWNER within 5 days,in accordance with above example,does not relieve CONTRACTOR of any obligations under Contract. 3. OWNER will: a. Examine site upon receipt of notice of deficiency. b. Have right to have remaining Work done by contract or force account and deduct cost thereof from monies due CONTRACTOR should CONTRACTOR refuse to complete restoration work. C. Waive requirement for obtaining statement if satisfied restoration is completed in accordance with Contract Documents. 1.08 STAKING A. Proposed Work will be staked once, by ENGINEER, at no expense to CONTRACTOR. Should -- CONTRACTOR request restaking,this Work will be done as ENGINEER'S schedule permits and at expense of CONTRACTOR. Notify ENGINEER at least 3 days prior to start of open-cut work or 7 days prior to start of jacked or augered work and when making periodic requests for line and grade stakes. 1. ENGINEER will provide one line of survey stakes for utility work and prepare separate cut sheets where multiple pipes are located in common trench. 2. CONTRACTOR shall maintain survey stakes. 1.09 OPERATIONS DURING FLOOD CONDITIONS A. Submit a Flood Contingency Plan at Preconstruction Meeting demonstrating ability and equipment to meet requirements of Attachment A, Flood Contingency Plan, approved by US Army Corps of Engineers. Contractor shall add names, contact numbers, equipment, materials, and planned staging of construction affecting existing flood control system and submit to Engineer for approval. Identify dates No Name Creek will be degraded and restored and risk factors that would result in opening being in place longer than anticipated. B. Contractor shall have personnel on-site during flood conditions to coordinate with Engineer and Owner personnel. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION —" (Not Used) END OF SECTION O1 11 18-3 No Name Creek Interceptor Sewer-60283855 Flood Contingency Plan _ No Name Creek Interceptor Sewer City Contract No. 849 City of Waterloo _ Waterloo, Iowa The City of Waterloo has developed the following plan to mitigate risk of flooding during construction of sanitary gate well in the existing levee. General: The Contractor is responsible for monitoring creek stages and forecasts. Contractor contact is to be determined when the contract has been awarded. City contact is Jamie Knutson, Associate City Engineer, 319-291-4312. Contractor shall update and resubmit this Flood Contingency Plan for approval prior to beginning work on the project. At a minimum, the Contractor shall update this plan with: • Contact names and 24-hour phone numbers _ • Anticipated dates for work items that are covered under this plan • Equipment make and model that will be kept on site for emergency backfill of excavations No Name Creek Site: The proposed sanitary sewer gate well is located on the east bank of No Name Creek .– adjacent to Broadway Street in the middle of the existing flood protection earthen levee. The contractor will be required to excavate through the levee to install the new sanitary sewer pipe and gate well. A temporary earthen levee shall be constructed prior to excavating through the existing levee to protect the levee breach from a flash flood on No Name Creek. This temporary levee shall be built to the same height as the existing levee and shall be removed once the permanent levee is constructed. The City will be responsible for operating existing sanitary sewer gate well according to the established operations manual until the new sanitary sewer and gate well is ` operational and the existing sewer is abandoned. At that point the City will become responsible for operating the new sanitary gate well. Contractor requirements for excavation in or within 25 feet of earthen levee: • Notify US Army Corps of Engineers, Rock Island District 1 week in advance of _ any excavation that compromises the full height of the earthen levee. Contact is Kirk Sunderman, 309.794.5140. • Excavations that compromise the full height of the earthen levee shall be _ completed and restored to full height within 3 weeks. • No Name Creek is not rising. • The contractor shall maintain stockpiles of soil on site for backfilling open — trenches. r • Maintain presence of equipment on site for emergency backfilling throughout the duration of open excavation. If flooding is forecast on No Name Creek within the next 7 days, Contractor shall take the following actions within 24 hrs: • Cease excavation dewatering operations. • Backfill open trenches within 25 feet of earthen levee. • Provide City access to close existing sanitary gate well. — r �r 1 .r r i IA r r SECTION 0129 73 SCHEDULE OF VALUES PARTI GENERAL 1.01 SUMMARY A. Submit Schedule of Values allocated to various portions of Work as required by General Conditions. B. Upon request of ENGINEER,support values with data substantiating their correctness. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on 8-1/2 in.x 11 in.white paper;CONTRACTOR'S standard forms and automated printout will be considered for approval by ENGINEER upon CONTRACTOR'S request. Identify schedule with the following: 1. Project title and location. 2. ENGINEER and ENGINEER'S Project number. 3. Name and address of CONTRACTOR. 4. Contract designation. 5. Date of submission. B. Identify installed value of component parts of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Use general table of contents of this Project Manual to establish format for listing component items in schedule. 1. Identify each line item with number and title of respective Specification division and section. 2. If Project consists of multiple structures,break down schedule by structure. D. Provide separate listing for General Requirements(Division 1)items,such as bonds,insurance premiums, mobilization, field supervision and layout, construction facilities and temporary controls, contingency allowance,construction schedule,O&M data,record drawings,and submittals. E. For each Specification division,list subvalues of major materials,equipment or operations under division. F. For various portions of work: 1. Each item shall include directly proportional amount of CONTRACTOR'S overhead and profit. 2. For items on which progress payments will be requested for stored materials,break down value into the following: a. Cost of materials,delivered and unloaded,with taxes paid. b. Total installed value including CONTRACTOR'S overhead and profit. G. Sum of values listed in schedule shall equal total Contract sum. 01 2973-1 No Name Creek Interceptor Sewer-60283855 PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * *END OF SECTION* * * r r. 01 29 73-2 No Name Creek Interceptor Sewer-60283855 SECTION 0133 10 SUBMITTALS PART1 GENERAL 1.01 SUMMARY A. Section specifies procedural requirements for Work-related(non-administrative)submittals including Shop Drawings, substitutions, product data, samples, test data, operations and maintenance data, and other miscellaneous Work-related submittals. 1. Submittals for record drawings are specified in Section 017 8 39. B. Administrative Submittals: Procedures concerning items such as listing of manufacturers, Suppliers, Subcontractors,Construction Progress Schedule,schedule of Shop Drawing submissions,bonds,payment applications,insurance certificates,and schedule of values are specified elsewhere. C. Work-Related Submittals: 1. Substitutes and"Or Equal"Items: a. Includes material or equipment which CONTRACTOR requests ENGINEER to accept, after .� Effective Date of the Agreement. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, •- appearance,and quality required.Unless the specification or description contains or is followed by words reading that no like,equivalent,or"or equal"item or no substitution is permitted,other items of material or equipment or material or equipment of other Suppliers,may be submitted to Engineer for review under the circumstances described below. 2. Shop Drawings: -� a. Includes technical data and drawings specially prepared for this Project,including fabrication and installation drawings, diagrams, data sheets, schedules, templates, patterns, reports, instructions,design mix formulas,measurements,and similar information not in standard printed form. b. Standard catalog type information prepared without specific reference to Project is not considered as Shop Drawing. 3. Product Data: a. Includes standard catalog type printed information on manufactured materials,equipment and ^ systems that has not been specially prepared for this Project,including manufacturer's product specifications,catalog cuts,standard wiring diagrams,printed performance curves,mill reports, and standard color charts. 4. Samples: a. Includes fabricated and manufactured physical examples of materials, products, and units of ...f work,includes complete units,partial cuts ofmanufactured or fabricated work,swatches showing color,texture,and pattern,and units of work to be used for independent inspection and testing. b. Mock-ups are special forms of samples too large or otherwise inconvenient for handling in manner specified for transmittal of sample submittals. "+ 01 33 10-1 No Name Creek Interceptor Sewer-60283855 5. Test Results: a. Includes source and field quality inspection and test reports, actual performance curves, and certifications of results prepared specifically for equipment,material,and systems provided for this Project. b. Standard catalog charts or standard test results are considered Product Data. 6. Operations and Maintenance Data: a. Includes information and directions for operating and maintaining equipment provided and installed for this Project. May be standard for equipment or prepared specifically for this Project. 7. Miscellaneous Submittals: a. Work-related submittals that do not fit in previous categories,includes schedules,photographs, guarantees,warranties,certifications,maintenance agreements,workmanship bonds,survey data and reports,physical work records,copies of industry standards,field measurement data,extra materials,keys,and similar information,devices,and materials applicable to Work. 1.02 SUBMITTAL PROCEDURES A. Scheduling: 1. CONTRACTOR is not required to submit preliminary or final schedule of Submittals. B. Coordination: 1. Coordinate preparation and processing of submittals with performance of Work. Coordinate each submittal with other submittals and related activities such as substitution requests,testing,purchasing, fabrication,delivery,and similar activities requiring sequential activity. 2. Coordinate submission of different units of interrelated Work so one submittal not be delayed by ENGINEER'S need to review related submittal. ENGINEER may withhold action on submittal requiring coordination with other submittals until related submittals are provided. 3. Prepare and transmit each submittal sufficiently in advance of scheduled performance of related Work and other applicable activities. 4. Before submitting each Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements,quantities,dimensions,specified performance and design criteria,installation requirements,materials,catalog numbers,and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application,fabrication,shipping,handling,storage,assembly,and installation pertaining to the performance of the Work;and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 0133 10-2 No Name Creek Interceptor Sewer-60283855 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-834 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE FY2014 DANES COMPLEX LIGHTING PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the FY2014 Danes Complex Lighting Project, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the FY2014 Danes Complex Lighting Project . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the FY2014 Danes Complex Lighting Project, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th day of October, 2013 . 14*-Z'e'�;-/',A��/ rnest Clark, Mayor ATTEST: J SuzySch es, CMC City Cl k i Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-835 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE FY2014 DANES COMPLEX LIGHTING PROJECT, IN THE CITY OF WATERLOO AS NOVEMBER 4, 2013, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 4th day of November, 2013, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the FY2014 Danes Complex Lighting Project, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of October, 2013. 1"g��ey �e ��z Ernest G. C ark, Mayor ATTEST: Suzy Scares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 9, 2013 Dept. Head Signature: �--�✓� # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) 2014 Parks Truck with Chip Box and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as November 18, 2013. Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their October 14, 2013 meeting approved the request for authorization to seek bids. Expenditure Required: Est$100,000 Source of Funds: 413-37-4100-2117 Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) Parks Truck with Chip Box to replace 1990 Ford Chip Truck. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-836 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 PARKS TRUCK WITH CHIP BOX. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th day of October, 2013. Ernest G. Clark, Mayor ATTEST: < I'G� Suzy Irk ares, CMC City Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-837 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 PARKS TRUCK WITH CHIP BOX, IN THE CITY OF WATERLOO AS NOVEMBER 18, 2013, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 18th day of November, 2013, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of October, 2013 . Z� ;f ew�' Ernest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Clirk ,.fan CITY OF WATERL009 IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO,IA 50702 (319)291 4553 FAX(319)291-4523 • LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 10/14/2013 BUCK Prepared: 10/08/2013 CLARK Dept. Head Signature: # of Attachments- COUNCIL MEMBERS SUBJECT. No Name Creek Interceptor Sewer City Contract# 849 ................... DAVID JONES Submitted by: Larry Smith,WMS Superintendent Ward I CAROLYN Recommended City Council Action: Requesting Council to adopt resolutions COLE approving the revised plans, specifications, form of contract etc., on the No Name Creek Ward 2 Interceptor Sewer City Contract#849 and to instruct the City Clerk to publish notice of HAROLD hearing on plans specification, etc., the taking of bids, and to set date of hearing and bid GETTY opening as November 12, 2013. Ward 3 QUENTIN HART Summary Statement: This Pollution Prevention Plan is for the construction of the Ward 4 No Name Creek Interceptor Sewer located along Broadway Street and between RON Broadway Street and Airline Highway in Waterloo, Iowa. This Pollution Prevention WELPER Plan (PPP) covers approximately 8.2 acres with an estimated 8.2 acres being disturbed. Ward 5 BOB GREENWOOD Expenditure Required: Estimated$750,000.00 At-Large STEVE Source of Funds: Sewer Bonds SCHMITT At-Large Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! 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If you have any questions or need anything further in this matter, please let us know. Yours sincerely, Robert E. Barns Enclosures: As noted c: Ms. Suzy Schares (w/enclosures) L:\work\project\60283855\200_Correspondence\10-1-13 Is NonameCreek-Plans&Specs.docx CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 2, 2013 Dept. Head Signature: PH # of Attachments: SUBJECT: FY2014 DANES COMPLEX LIGHTING PROJECT Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council adopt resolutions to approve the request for the proposal document and specifications for FY2014 Danes Complex Lighting Project, E. Movilla Street, Waterloo, and to instruct the City Clerk to publish notice of hearing on proposal document, specifications, etc. and taking of bids, and to set date of hearing and bid opening as November 4, 2013. Summary Statement: This project provides installation of light poles, footings and field lights on diamond#3 at Danes Complex, Movilla Street, Waterloo Iowa. The underground electrical and switchgear will be supplied under separate contract. A copy of the proposal document and specifications is in the City Clerk's Office for your review. Expenditure Required: Source of Funds: Funding is available from Leisure Services G.O. Bond funds and BHCGA grant. Policy Issue: Alternative: Background Information: BHCGA awarded $72,000 for this project on August, 19, 2013. FY2 014 DANES COMPLEX LIGHTING PROPOSAL Send all other supporting documentation to the Leisure Services Office 1101 Campbell Avenue CONTACT PERSON: Travis Nichols,Facilities/Project Manager Waterloo Leisure Services Commission (319)291-4370 CITY OF WATERLOO LEISURE SERVICES COMMISSION FY2014 DANES COMPLEX LIGHTING PROJECT The Waterloo Leisure Services Commission is seeking bids for installation of lighting equipment for Danes Complex, Waterloo, Iowa. Sealed bids are due 4:00 p.m., Monday, November 4, 2013 to the City Clerk at her office at City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. When submitting bids,please note on the lower, left-hand corner of envelope: ► Waterloo Leisure Services Commission ► FY2014 Danes Complex Lighting Project Pre-Bid Conference: 9:00 AM, October 23, 2013 at Danes Complex, Movilla Street. The City of Waterloo reserves the right to reject any and/or all bids. If you have any questions regarding this bid, please contact Travis Nichols, Facilities/Project Manager at 319- 291-4370. CITY OF WATERLOO,IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for FY2014 DANES COMPLEX LIGHTING PROJECT PRE-BID CONFERENCE 9:00 AM, October 23, 2013 at Danes Complex, Movilla Street 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, until Monday, November 4, 2013, at 4:00 p.m., for the FY2014 Danes Complex Lighting 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 FY2014 Danes Complex Lighting Project will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, November 4,2013, at 5:30 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 form of contract for the FY2014 Danes Complex Lighting Project at 5:30 p.m. on Monday, November 4, 2013. 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 for the installation of lighting for diamond#3 located in Danes Complex, Movilla Street, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by May 15,2014. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. 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 construction 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 the Contract to the responsible Bidder(s) whose bid, conforming to the Specifications, 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. BONDS The successful Bidder shall furnish a Performance and Payment 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 harmless 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 Action 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. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work completed and work approved by the Leisure Services staff. Final payment will be made thirty one (3 1) days after completion of the work and acceptance by the Waterloo Leisure Services staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. 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 , 20 City of Waterloo, Iowa, Suzy Schares, City Clerk 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. 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/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10 percent(10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent(2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime contractor shall make "good-faith efforts"to meet the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered. For more information contact 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 (SECTION 3/HUD ACT OF 1968) 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. See Section 3 Clause attachment for more information. IX. 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 terms of the Contract. X. 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, furnish 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. 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 construct and install the improvements described in the Specifications and shown on the Plans or Drawings. 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. 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. 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 provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. 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 construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. 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 furnish 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 (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$2,000,000.00 liability for bodily injury(including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. THE CITY OF WATERLOO IS TAX EXEMPT. 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. CITY OF WATERLOO LEISURE SERVICES COMMISSION FY2014 DANES COMPLEX LIGHTING PROPOSAL SPECIFICATIONS The Contractor shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work at Danes Complex, located on Movilla Street, in accordance with International Building Code and any applicable code and local ordinances. Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. SCOPE OF WORK: Interested parties must provide and install a pre-selected,pre-aimed, pre-wired, fully functional Musco lighting system. This system will consist of six light assemblies to include footings, poles and pre-assembled luminaires. Underground electrical and switchgear is to be supplied under a separate contract A. Manufacturer's Instructions: Written instructions for the installation of the sports lighting equipment shall be provided by the manufacturer. The contractor shall review the instructions prior to beginning installation and review any areas of concern with the manufacturer.(See Attached Instructions) B. Installation of Equipment: Contractor shall install lighting equipment per manufacturer's stated requirements to ensure lighting performance is achieved. C. Manufacturer Representative: A qualified representative from Musco Lighting shall be available to provide installation guidance if required by the contractor. D. Handling of Equipment: The lighting equipment shall be handled in an appropriate manner to ensure safe installation and prevent damage to the equipment. Repair or replacement of damaged component shall be the responsibility of the installing contractor. E. Rigging: Use the appropriate rated web fabric slings to lift components into position. Chains or cables shall not be allowed due to potential failure and damage to components. Selected Liahtin2 System Musco Light Structure GreenTM System delivered to the site • (6) Pre-cast concrete bases with integrated grounding • (6) Galvanized steel poles • Electrical component enclosures • Pole length wire harness • (34) Factory-aimed and assembled luminaires • Control Link®Control & Monitoring System for flexible control and solid management of the lighting system 0 Lighting Contactors sized for 480 Volt three phase Warranty • Guaranteed constant light levels of 50 foot-candles infield, 30 foot-candles outfield for 25 years • One group re-lamp at the end of the lamps' rated life, 5000 hours • Musco Constant 25TM product assurance and warranty program that eliminates 100% of maintenance costs for 25 years, including labor and materials Musco Lighting Representative Todd Stych P.O. Box 260 2107 Stewart Rd. Muscatine, Iowa 52761 1.800.754.6025 ext. 4739 Todd.stych@musco.com START DATE Work must commence within 45 days of signed contract. COMPLETION DATE All work shall be completed by JUNE15,2014 GUARANTEE The Contractor shall guarantee all material and equipment furnished and installed by him for a period of one year after final acceptance by the Leisure Services Commission. Should any defects arise as a result of defective workmanship or materials within the guarantee period, the Contractor shall make the necessary corrections at own expense. ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES. The City of Waterloo reserves the right to reject any and/or all bids. The Contractor is responsible for obtaining permits and the performance of all work according to the City of Waterloo Codes. Permits will be at no charge. If you have any questions,please contact Travis Nichols, Facilities/Project Manager, at 291-4370. CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM For FY2014 DANES COMPLEX LIGHTING PROJECT BIDDER: 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 FY2014 DANES COMPLEX LIGHTING PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: TOTAL BID PRICE: dollars ($ ) 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 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. 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. a) The City of Waterloo does not approve the subcontractors. b) The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 10. The bidder has attached all applicable forms. 11. 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. CONTACT PERSON: Please Print PHONE: SIGNED: DATE: / / (To be submitted by the Bidder only upon request of the ON of Waterloo Iowa.) STATEMENT OF BIDDER'S QUALIFICATIONS 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 construction 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. Dated this day of , 20 Name of Bidder By: Title: State of ) ss County of ) 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 will expire , 20 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) Title) (Seal) Surety By Witness Attorney-In-Fact 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 S udrarXa)-e&a4-t.&two v w to 1>efav /mem tht ------- Day°f------------- ---------------------------------- ------------------------------------- S 4nai w� T'Ul& My "p�re4--------------------------------- 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 FY2014 DANES COMPLEX LIGHTING 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 Sa4 L&WCWYL,to-&e fore,me,th t k ----- Da'°f---------------------------- 20__. ------------------------------------ ----------------------------------- S4na ti we, rim My e.,/-p cre4------------------------------------ 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. 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 Section 3 Clause A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. . B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3.As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance-with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award-of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). GUIDANCE ON SECTION 3 (Refer to 24 CFR Part 135 for complete information) WHAT IS SECTION 3? Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended by the Section 915 of the Housing and Community Development Act of 1992, requires that economic opportunities generated by HUD financial assistance for housing and community development programs be targeted toward low-and very low- income persons. In effect,this means: ❑ Whenever HUD assistance generates opportunities for employment or contracting, Public and Indian Housing Authorities, state and local grantees, and other recipients of HUD housing assistance funds must, to the greatest extent feasible, provide these opportunities to low-and very low-income persons and to businesses owned by or employing low-and very low-income persons. ❑ The Section 3 requirements apply to job training, employment,contracting and subcontracting and other economic opportunities arising from assistance provided for construction, reconstruction, conversion, or rehabilitation (including lead-based paint hazard reduction and abatement)of housing, other buildings, or improvements assisted with housing or community development assistance, including HOME. ❑ Section 3 applies to: >- projects for which HUD's share of project costs exceeds$200,000;and >- contracts and subcontracts awarded on projects for which HUD's share or project costs exceeds $200,000, and the contract or subcontract exceeds$100,000. ❑ Recipients whose projects do not fall under Section 3 are nonetheless encouraged to comply with the Section 3 preference requirements. Q Recipients and their contractors and subcontractors must show references for giving training and employment opportunities to low-income persons,to the greatest extent feasible. They should show priority considerations for hiring low-income persons as follows: (1) Low-income persons residing in the service area or neighborhood in which the project is located. (2) Participants in HUD Youthbuild programs. (3) If project is assisted under the McKinney Act, homeless persons in the project area of the project. (4) Other Section 3 residents. Again, the persons hired should be qualified to perform the work required. ❑ Recipients and their contractors and subcontractors must direct their efforts to award Section 3 business concerns,to the greatest extent feasible, to Section 3 business concerns in the following preference order: (1) Section 3 businesses that operate in the project area. -2- F (2) Entities that carry out Youthbuild programs. (3) Other Section 3 business concerns. The business must be able to demonstrate that it can successfully perform under the terms and conditions of the proposed contract. In addition,these requirements do not restrict competition to only businesses meeting one of the priorities, nor do they authorize set-asides. COMPLIANCE AND RECORDKEEPING ❑ Numerical goals for meeting the greatest extent feasible requirement: > For training and employment opportunities resulting from Section 3-covered housing assistance, a commitment to employ 10% of the aggregate number of new hires each year over the duration of the Section 3 project. > For training and employment opportunities resulting from Section 3-covered community development assistance, a commitment to employ 30% of the aggregate number of new hires for a one-year period. > For contracts awarded in connection with Section 3-covered projects, a commitment to award at least 10%of the total dollar amount of contracts for building trades work and at least 30% of the total dollar amount of all other Section 3-covered contracts. ❑ All recipients of assistance must: > Amend their employment and procurement policies to comply with Section 3. > Include the Section 3 clause is covered contracts and subcontracts. > Document their best efforts to comply with Section 3 and their success at hiring low-income persons. > Monitor their own compliance and the compliance of their contractors and subcontractors. > Provide annual reports to the Assistant Secretary for Fair Housing and Equal Opportunity as requested. i ❑ Recipients must maintain the following records: > The good faith efforts made to make low-income persons aware of the positions, and to encourage and facilitate their application. > The number and dollar value of all contracts awarded to businesses and, in particular, Section 3 businesses during the fiscal year. > 'A description of the best efforts made to award contracts to Section 3 businesses. > The mechanisms by which they ensured that contractors and subcontractors complied with the Section 3 preferences for training, employment, and contract awarding. ❑ The Assistant Secretary for Fair Housing and Equal Opportunity will conduct periodic compliance reviews. -3- i I i I i GUIDANCE ON MCE/WBE OUTREACH I. Minimum Acceptable Outreach Standards Section 281 of the National Affordable Housing Act requires each participating jurisdiction to prescribe procedures acceptable to the Secretary to establish and oversee a minority outreach program. The program shall include minority and woman-owned businesses in all contracting activities entered into by the'participating jurisdiction to facilitate the provision of affordable housing authorized under.this Act or any other federal housing law applicable to such jurisdiction. Therefore, minimum HUD standards require that each participating jurisdiction's outreach effort to minority and women-owned businesses be: ❑ A good faith, comprehensive and continuing endeavor; ❑ Supported by a statement of public policy and commitment published in the print media of widest local circulation; ❑ Supported by an office and/or a key, ranking staff person with oversight responsibilities and access to the chief elected official; and ❑ Designed to utilize all available and appropriate public and private sector local resources. If. Guidelines for a Minority/Women Business Outreach Program Under the minimum HUD standards cited above,the following guidelines are provided for use by participating jurisdictions in implementing outreach programs to ensure the inclusion,to the maximum extent possible, of entities owned by minorities and women. Each participating jurisdiction should: ❑ Develop a systematic method for identifying and maintaining an inventory of certified minority and women's business enterprises (MBEs and WBEs, their capabilities, services,supplies and/or products; ❑ Utilize the local media, electronic and print,to market and promote contract and business opportunities for MBEs and WBEs; ❑ Develop informational and documentary materials (fact sheets, program guides, procurement forecasts, etc.) on contract/subcontract opportunities for MBEs and WBEs; ❑ Develop procurement procedures that facilitate opportunities for MBEs and WBEs to participate as vendors and supplies of goods and services; ❑ Sponsor business opportunity-related meetings, conferences, seminars, etc., with minority and women business organizations; and ❑ Maintain centralized records with statistical data on the utilization and participation of MBEs and WBEs as contractors/subcontractors in all HUD-assisted program contracting activities. 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CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 236-9075 FAX: (319)236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING(ALL TYPES), GENERAL CONSTR UCTION M13DWBE Certified Contractors List Page 2 of 4 GREER'S WORKS 2003 Plainview Street Waterloo,IA 50703 Phone: (319)233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION LOVE'S ENTERPRISE 835 West Fifth St. P.O. Box 246 Waterloo,IA 50704 Phone: (319) 233-3260 Contact: David Love Certified: Iowa DOT, City of Waterloo Certified MBE Specializing in: CONCRETE PA VING, ASPHALT, DRIVEWAYS, SIDEWALKS, TR UCKING OLD GREER'S WORKS 2309 Springview Street Waterloo,IA 50707 Phone: (319)233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319)215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTR UCTION MBE/WDE Certified Contractors List Page 3 of 4 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo,IA, 50704 Phone: (319)232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET,ONE* 4003 University Avenue Waterloo, IA 50701 Phone : (319)233-6131 FAX: (319) 233-6133 email: JRll486(a),cfu.net Certified: City of Waterloo WBE Contact : Carol Reese Specializing in: FLOOR COVERING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE Contact : Patricia J. Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES f I * DENOTES WOMEN BUSINESS ENTERPRISE NEBE/WBE Certified Contractors List Page 4 of 4 �i lKid y0 N a m m( my Z & a m Q c y gg oQ o�p Fes: p� ~ 3 4�ffi b b b b b !��m S 1 b b � b b y m 1 1 � e v I i b i m b b � ! b �66 e i .. .. ........ b ! u b N tt � b b N b b 6 � �.r b b b N 0 6 a� a a a s z' g z m m o o 3 �1 0 "r c mos a i d m F.n. w O p e C Z�DZRL D DAr <nN yco a ;ZZD� n RL - m m Vdi o m ,. r u a M o a C 3 Oa r a �a m d C M S -1 n'N Dir. C M s azo $ a cr3 3:vm� O p baa - D m3 Z G 3 9 00 9_! 3 a N N 3 o D = 0p F o m'F 3 c2 o.mm '!33 mF y 2a S o m Z� D u R 7 p m n c v N E & n= m O r m n 3 > N m a - s 3�9 s'v n - 3' A � 3 H CJ m m T m z _ S r 3 _ y _ o , J 3 a X g a m_ , = Z o a 3 0 o W u a a m \\ 0 o O � D J " , � J r u 1� 3w r x X vl alt t r !� Cry Installation Instructions: .2 i Fast,trouble-free installation with 5 Easy Pieces"'approach to system design Poletop Luminaire Assembly Wire Harness YR. Galvanized Steel Pole w�. Electrical Components Enclosure Precast Concrete Base 0000 muc-n3rrl �; We Make It Happen, 01991,2012 Musco Sports Lighting,LLC • M-1001-enU5-14 installationInstructions: Table of Contents Before You Begin SafetyInformation.....................................................................................3 About These Instructions........................................................................3 Standard Tools/Supplies Checklist.......................................................4 Electrical System Requirements............................................................5 Components Matching and Labeling ................................................5 Documents We Provide............................................................................6 Unloading Instructions............................................................................7 Installation Procedure Precast Concrete Base...............................................................................8 Galvanized Steel Pole and Poletop Luminaire Assembly...........11 Electrical Components Enclosure.......................................................13 Wire Harness 15 Luminaire Attachment...........................................................................16 - Pole Setting and Alignment.................................................................17 Connecting to Underground Wiring.................................................22 Supplemental Instructions for Optional Features or Special Situations 1 r Provided with your project as needed Painted Pole Special Requirements.....................................................A Bolt-on Crossarms......................................................................................B Separating Steel Pole Sections..........................................................0-1 Separating Steel Pole from Concrete Base....................................0-2 AuxiliaryBracket........................................................................................D Ne Platform,Climbing Steps,and Safety Cable.....................................E Climbing Steps and Safety Cable..........................................................F Luminaire Special Assembly...................................................................G Momentary Power Interruption Luminaire(MPI)..........................H External Lightning Grounding................................................................J 0000 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 muscoa 2 Installation Instructions: Before You Begin Safety Information Electrical Safety Guidelines Use extreme caution near overhead power lines or underground utilities.Observe all safety precautions for high-voltage equipment.Only qualified personnel may perform wiring.Follow all applicable building and electrical codes. General Safety Guidelines Follow proper safety procedures during installation.Installers must wear the appropriate personal protective equipment including: • Hard hat • Steel-toed shoes • Leather work gloves • Eye protection Locate all underground utilities prior to digging. All tools and equipment supplied by Musco are designed for specific use as described in these instructions.Do not use them in any other manner.Do not alter structural members in any way,such as bending,welding,or drilling,without prior authorization from Musca About These Instructions These instructions give basic assembly procedures for the Light-Structure Green lighting system.They are not a comprehensive guide to all possible situations.Direct any questions to Musco at+1-800-825-6020 or call your local representative. Throughout this manual note these important symbols: QThe safety alert symbol alerts you of situations that The go-to arrow indicates a branch in a procedure for require care and caution to avoid serious personal injury. a special situations.In the case of optional equipment,the El The stop and check symbol signals you to stop and instructions may be in another document. verify conditions before proceeding. ® The tip symbol points out advice that makes QThe contact Musco symbol appears in special situations installation easier. where you may need to contact Musco for further ® This symbol identifies recyclable materials. information. C(./\J\/ 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 MUSICO. 3 Installation Instr Before You Begin Refer to any supplemental instructions provided Standard Tools/Supplies Checklist for additional tools required. Contractor/installer supplied tools Function Page Hammer,pry-bar,banding cutters Unloading equipment 7 Water pump Removing water from base holes(as needed) 9 Two 11/2 ton chain-type come-alongs Jacking pole sections together 11,21 Large Phillips-head screwdriver Tightening captive screws to seal enclosure to pole hub 14 Standard screwdriver Tightening distribution lugs,45 A disconnect switch 22,23 Electrical fish tape,electrician's tape Feeding wire harness through pole 15 Spray paint,chalk,or flags Marking points to sight in aiming 17 Chalk or pencil Making alignment marks 21 10 ft(3m)stepladder or small line truck Connecting supply wires to electrical enclosure 22,23 Musco,supplied tools Function Page Wooden base wedges Setting base 9 Level with shim for base taper Plumbing base 9 Steel bar Setting base,seating pole on base 9,21 inch hex key Attaching handhole covers on base and steel pole 8,15,23 inch wrench Tightening poletop setscrew,pole cap fastener, 12,14,15 and electrical components enclosure hanger bolt Dishwashing liquid(original Dawn®brand) Lubricating pole slip-fit connections 11,17 Wooden shipping blocks Elevating pole sections off ground during assembly 11 inch ratcheting combination wrench Tightening captive bolts to secure luminaire assembly 16 Pole rotator kit Guiding pole onto base,pole alignment 17,19,20 Steel chain Setting pole on base 21 5 mm hex key Landing primaryfeed wires on 125 A disconnect switch 23 '/,6 inch hex key Attaching grounding conductors inside electrical enclosure 22,23 '/s inch hex key Attaching grounding conductors inside pole at handhole 23 Machinery needed Function Page Crane or forklift with nylon strapping and 8 ft(2.5 m)sling Unloading materials,setting bases 7,9 (sized to weight of base) Auger Boring holes for bases 8 Load-rated crane,nylon slings,and shackles Setting poles 18,19,20 Documents You Need ❑ Musco Foundation and Pole Assembly Drawing ❑ Field Aiming Diagram ❑ Alternate foundation design(optional,as needed) ❑ Control System Summary 13 If you do not have all of these documents,contact Musco at+1-800-825-6020 or call your local representative. 0000 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 MUS`ee^^®a 4 Installation Instr Before You Begin Electrical System Requirements While the majority of the Light-Structure Green lighting system can be assembled by non-professionals,a qualified electrician must handle the electrical supply installation and hook-up in accordance with national,state,and local codes.Your electrician should review this information before installation begins. The electrician is generally required to provide these items: • Service entrance • Main power disconnect and distribution panel(s) • Supply wiring and equipment grounding conductors Ensure supply wiring is rated for 90°C.Review the label inside the electrical components enclosure door and Control System Summary for voltage and phase requirements. Always dispose of lamps and other electronic waste in accordance with all applicable laws and regulations. Other features that may affect the wiring supply requirements for this project include: • Lighting contactor cabinets—refer to the supplemental installation instructions and the Musco Control System Summary. • Control-Link®system—refer to the supplemental installation instructions and Musco Control System Summary. • Auxiliary bracket option—customer supplies all wiring for auxiliary components. • Momentary Power Interruption(MPI)luminaire—refer to the supplemental installation instructions Volunteer Installation Have a qualified electrician review and complete the following: • Create electrical system design—prior to installation. • Provide and install trenching,supply wiring,and conduit. • Complete all steps from Connecting to Supply Wiring section. • Test complete lighting system. Components Matching and Labeling Pole locations are identified by a pole ID(Al,A2,131,62,etc.)on the Field Aiming Diagram.These IDs are also marked on the individual components: • Poletop luminaire assemblies and luminaire shipping cartons Luminaire • Wire harnesses • Electrical components enclosures • Galvanized steel pole sections • Precast concrete bases Precast concrete base Galvanized steel pole section(s) Poletop fitter �mo.mommom� Wire harness � ��\��\��\) Electrical components enclosure �./\J`/�/ 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 musco• 5 Installation Instructions- Before You Begin Documents We Provide Field Aiming Diagram - -The field aiming diagram is your map for locating all poles on your project.It gives this information: • Pole locations on the field ==s -- • Pole ID for each pole r • Luminaire ID for each luminaire q • Field origin for coordinate measuring P • Common aiming point for all poles,or individual aiming points for each pole • Pole height Control System Summary Projects with a control system include a control system summary.It gives this information: •�- - • Control system diagram and details -- - - • Contactors and cabinets - • Lighting circuits - • Voltage,phase,and frequency information — _ -- • Full load current for each circuit Musco Foundation and Pole Assembly Drawing This drawing provides information related to the installation of the foundation and the galvanized steel pole. a ` • Pole weight • Precast concrete base weight t- • Hole depth and diameter • Concrete backfill quantities • Pole section minimum overlaps it Note:Foundation details are omitted on projects with alternate foundation designs. Alternate Foundation Design �EEFo ON EWE E50 p Some poles on a project may require an alternative foundation I� - design.This stamped drawing provides construction details m of the alternative design.This document supersedes all other _ .. w..,K_,,_,m.....n... .... foundation information. ila r...,.,._.__. . , EG �Tgrtr RM —..._. -..-....— is '' � cOEE OENiEGTOu • OE OUNOTkl EEFV �,ij.E � f a..—^ d (i` t CC\J ®1991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 Musco• 6 Installation Instr Before You Begin Unloading Instructions � . A typical shipment includes precast concrete bases,galvanized steel poles,electrical components enclosures,wire harnesses, and poletop luminaire assemblies with luminaires. 1 l ii ® For ease of installation,set all matched components by x the proper pole location as noted on the Field Aiming Diagram. � � Tools/Materials Needed r ❑ Crane with nylon web sling or forklift(load rated) . ❑ Hammer , . ❑ Pry barf ❑ Banding cutters _ QWarning Crushing hazard.Product is heavy and may roll. Do not cut shipping bands or remove blocking from concrete bases or poles until they are supported b c ' unloading equipment. Use proper pick-up procedures as defined within the following regulations when lifting concrete bases and poles:OSHA 1926.251;OSHA 1910.178;OSHA 1910.180;and ANSI Al 0.42-200.Balance point may not T190 be at midpoint of base or pole. �4•>•� • Check bill of lading to verify you have all materials. ` • Inspect all materials for shipping damage. ` * ,, %M, " • Store electrical components enclosures in a dry location or cover with tarp until ready to install. 5 >r DPainted poles require special handling,see Instructions: _ Painted Pole Special Requirements. ® If additional information is needed,contact Musco's shipping department at+1-800-756-1205 or call your local Musco representative. � a ® Save wooden shipping blocks to use during ole assembly. ® 7777747 r` ® Please recycle. Luminaires,wire harnesses,and other components are shipped in recyclable cardboard packaging. 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 musco. 7 Installation Instructions: Precast Concrete Base Overview The precast concrete base is set directly into the ground,backfilled with concrete,and allowed to cure for 12 to 24 hours.The base is designed for easy slip-fit connection to the galvanized steel pole.The remaining components—steel pole,poletop luminaire assembly,electrical components enclosure,and wire harness—are assembled as a unit and set onto the base.The base includes an integrated lightning ground system. Tools/Materials Needed Musco Supplied Contractor Supplied ❑ Field Aiming Diagram ❑ Conduit for underground wiring ❑ Musco Foundation and Pole Assembly Drawing or alternate ❑ Concrete backfill foundation design ❑ Water pump(as needed) ❑ Steel bar ❑ Wooden base wedges Wireway ® Pole C1 Level with shim for tapered base V. grounding ❑ 5/s2 inch hex key Pole ID r 1,1,` connector i a Installation Procedure Tapered OVerify pole ID on concrete base matches pole location upper section on Field Aiming Diagram. for slip-f it Q For options on poor soil conditions,alternativeji Handhole, installation methods,or if there are any issues with pole Lifting hole above grade locations given,contact Musco at+1-800-825-6020 or i call your local representative.Your project engineer's name and extension appear on Field Aiming Diagram. it l; Note:Use only project-specific foundation designs as detailed Finished I on Musco Foundation and Pole Assembly Drawing or alternate grade foundation design plan. ; l 1 � ® Mark pole locations per Field Aiming Diagram. Top of concrete o backfillConduit adapter . plate Wire access hole, ® Excavate holes to size and depth given on Musco below grade Foundation and Pole Assembly Drawing or alternate Integrated foundation design. :. grounding electrode QWarning ;N Fall hazard it Cover holes or install fencing for fall safety. � t 0000 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 MVSCOa 8 Installation Instructions: Precast Concrete Base ® Sling and lower base into hole.Orient wire access hole to accommodate incoming supply wiring.Snip banding and remove tab protectors. s i ,3 3 � l. Lifting hole ` 1 Handhole, above grade Y� Plumb base and wedge into position.Use supplied level with shim on upper end against base.Shim ® ' "` ® ------ - accommodates taper of base.Top of base is beveled:keep 6 in(150 mm)min. level at least 6 inches(150 mm)from top when plumbing. Shim o —� © Remove any water from hole to avoid weakening 4' foundation.Water in hole during concrete pour can cause hollow center of base to fill with concrete. Backfill with concrete per Musco Foundation and Pole Assembly Drawing or alternate foundation design.If backfilling with concrete to finished grade,be sure to Concrete base maintain wire access. Level Wedges(3) ''v OCDO 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 musco. 9 installation • Precast Concrete Base ® Have your electrician install all underground conduit and wiring,including equipment grounding conductor. Route wires up through base to handhole.Conduit adapter plates with knockouts are provided.You may also install wiring after standing pole. ® Backfill and compact to finished grade as necessary. Equipment grounding conductor ;I I ; Supply wiring .I I Compacted fill — To contactor Concrete OCCO01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 MUSCoa 10 installation Instructions: Galvanized Steel Pole and Poletop Luminaire Assembly Overview The galvanized steel pole and poletop luminaire assembly are designed to slip-fit together.Jacking ears on each pole section provide attachment points to pull pole sections together.The Musco Foundation and Pole Assembly Drawing gives minimum overlap specifications for each pole section. Tools/Materials Needed Musco Supplied Contractor Supplied ❑ Wooden shipping blocks ❑ Two 1'/�ton chain-type come-alongs ❑ Musco Foundation and Pole Assembly Drawing ❑ 9/16inch wrench ❑ Dishwashing liquid(original Dawn®brand) Assembly Procedure OVerify pole ID on each steel pole section matches pole location on Field Aiming Diagram.Pole ID is stenciled on inside bottom end and outside top end of each section. ® Lay out all pole sections and poletop luminaire assembly Pole ID in sequence.Ensure all weldmarks face same direction. Fi Weldmarks represent field side of pole.Orient electrical lacking ear components enclosure hub up. ® Use shipping blocks as necessary to support pole Weldmark sections during assembly. Fl ° Pole ID © Lubricate top of each steel pole section with supplied dishwashing liquid. ® Align jacking ears.Using two 1 1/2ton come-alongs, pull sections together evenly until tight.Ensure minimum overlap per Musco Foundation and Pole Assembly Drawing.Repeat for all sections. CD Come-along F1 1%2 ton O` XDO 01991,2012 Musco Sports Lighting,LLC • M-1001-enU5-14 muscoa Installation Instruction Galvanized Steel Pole and Poletop Luminaire Assembly © Tighten set screw using 9/6 inch wrench. ® Remove protective cover from pole alignment device. 0 O Pole ID label VPole alignment device — Protective cover LJ7_�W Weldmark Setscrew IN in a= Welded crossarm configuration If pole has bolt-on crossarms,proceed with Installation Instructions:Bolt-on Crossarm. O If pole has auxiliary equipment,proceed with FO O 01 ♦ Installation Instructions:Auxiliary Bracket. Bolt-on crossarm configuration (reference) OCCO01991,2012 Musco Sports Lighting,LLC • M-1001-enU5-14 musco• 12 Installation Instr Electrical Components Enclosure Overview The electrical components enclosure is factory-wired and tested.Built-in hardware allows for easy attachment to the galvanized steel pole.Quick-connect plug-ins assure trouble-free connection to the poletop luminaire assembly via the wire harness. Tools/Materials Needed Musco Supplied ❑ 9/6 inch wrench ❑ 3/16 inch hex key Contractor Supplied ❑ Phillips-head screwdriver ❑ Standard screwdriver Assembly Procedure El Verify pole ID on electrical components enclosure Pole identification label matches pole location on Field Aiming Diagram. (on front) Caution Hanger with bolt Q Electrical components enclosures are heavy. Electrical components enclosure may weigh up to 225 Ib (102 kg).Lift carefully with two people to avoid injury. t� O —Wire access hole with captive screws e (behind) Ballast wire access hole 0CXD001991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 MUSCOa 13 Installation Instructions- Electrical Components Enclosure Mount bottom enclosure on pole.Align wire access hole with hub.Tighten captive screws using Phillips-head screwdriver.Tighten hanger bolt with 9/16 inch wrench. Pole ID label ® Mount middle and/or top enclosures.Align access hole with hub and slide box onto hanger bracket.Tighten ' hanger bolt with'/6 inch wrench. Access hole a> Hanger bracket Hanger bolt Hub O 9/16 in 0- Hub Captive screws Wire access hole C3� OOnly qualified personnel may perform wiring. Route wires as shown in step 3,but leave the final connections for your electrician.See section Connecting to Underground Wiring. ® Route all power leads,equipment grounding conductor, and enclosure harnesses to bottom enclosure. ® Repeat steps 1 —3 for each stack. Power leads Ballast wire access ,tJ (brown,orange,yellow) Equipment grounding Enclosure harness conductor (black,blue/white) (green/yellow) OCXDO 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 muscoa 14 Installation Instructions- Wire Harness Overview ® Polecap fastener The factory-built wire harness connects the electrical 9/16 in 5= components enclosure to the poletop luminaire assembly. Quick connectors Tools/Materials Needed (match luminaire ID's) Musco Supplied ❑ S/32 inch hex key Cl 9/16 inch wrench Wire support grip Contractor Supplied ❑ Fish tape ❑ Electrician's tape Assembly Procedure OVerify pole ID on wire harness matches pole location on Field Aiming Diagram. ® Remove handhole covers using S/32 inch hex key. Remove polecap using 9/16 inch wrench. ® Fish all pole wire harnesses between poletop and Handhole appropriate electrical components enclosure(s).Use lower handhole to access enclosure hubs.Ensure ®5/92 in Mid-pole protective sleeve extends through access hub and tuck wire support grip harnesses behind subpanel. (present in taller poles) ® Attach support grips at poletop and midpole(if present). ® Mate quick-connectors at poletop and inside electrical components enclosure(s).Match luminaire IDs. Note:When installing bolt-on crossarms,each crossorm has a separate harness.There is one additional spade connector for pole alignment beam. ® Replace handhole covers and polecap. Pole harness with protective sleeve Quick connectors (match luminaire ID's) Subpanel Electrical components enclosure 0000 ®1991,2012 Musco Sports Lighting,LLC • M-1001-enU5-14 musco. 15 Installation Instructions: Luminaire Attachment Overview Luminaires are factory built complete and shipped in individual cartons.They are aimed in the factory and ready for installation: Do not disassemble knuckle or lamp cone. Tools/Materials Needed Musco Supplied ❑ 7/16 inch ratcheting combination wrench AssemblyProcedure Orange protective cap Pole ID Luminaire ID a Verify pole ID on luminaire cartons matches pole and Luminaire ID F3 1 o F'' location on Field Aiming Diagram. Pole ID ® Remove orange protective caps from luminaire knuckle and mounting plate;discard. Note:Do not remove bags and cutters until after assembly. ® Match luminaire ID to crossarm and install luminaire onto mounting plate.Insert back of knuckle into mounting plate and pivot into position. Mounting plate Some luminaires require special assembly when Insert �� Back of knuckle placement interferes with adjacent luminaire or pole Pivot alignment beam.See Special Assembly Instructions \ attached to luminaire. Plastic wrap ® Tighten captive mounting bolts.Torque must not exceed 20 ft-lb(27 N•m).To avoid overtightening,use provided 7/le inch combination wrench. Captive ® See Installation Instructions:Platform,Climbing Steps,and mounting .� bolts Safety Cable or Installation Instructions:Climbing Steps and SafetyCable,if your project includes these items. '/,e in 0 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 musco. 16 Installation Instructions: Pole Setting and Alignment Overview All luminaires are factory aimed to their exact position on the field.To ensure the proper pole orientation,a simple-to-use pole alignment beam completes the precision field aiming.The pole alignment beam is attached in the factory to each pole or to one luminaire on each pole. Tools/Materials Needed Musco Supplied Contractor Supplied ❑ Field Aiming Diagram ❑ Chalk or pencil ❑ Steel chain ❑ Load-rated shackles as required ❑ Steel bar ❑ Load-rated nylon slings as required ❑ Pole rotator kit ❑ Spray paint,chalk,or flags ❑ Safety cutter(for removal of luminaire bag) (to mark aiming points on field) ❑ Dishwashing liquid(original Dawn®brand) ❑ Two 11/2 ton chain-type come-alongs Installation Procedure X h L_z Verify pole ID matches precast concrete base and pole location on Field Aiming Diagram. I FI F2 .I 'T _o ' 2 -~ '- WWwft7 I P11-1. OU d.._ {lily ® Mark aiming point(s)on field using FieldAiming Diagram.Poles may have individual aiming points ormay all be aimed to a common point. ® Lubricate concrete base with provided dishwashing `�' � s lea FI, ' liquid. i ® Attach pole rotator clamp approximately 12 inches (300 mm)above bottom of pole.Wrap strap around pole and cinch tightly. QCaution Risk of injury or property damage. Rotator bar can swing with force as pole is lifted.Do not install until you are ready to lower pole onto base (step 8). 000 ®1991,2012 Musco Sports Lighting,LLC M-1001-enU5-14 MUSICO. 17 Installation • a System Pole Setting and Alignment ® Remove plastic wrap from luminaires using provided safety cutter.Do not use knife.Cutter is attached to one luminaire for each pole.Ensure visor latches remain secure when removing plastic. 0 ® Turn on alignment beam and check.Pole-mounted .. device has toggle switch inside electrical components o enclosure.Luminaire-mounted device has rotary '_ switch on device. QWarning I Improper rigging can cause pole sections to separate and fall. Follow these instructions carefully.Do not choke pole or lift from crossarms. ® Sling pole using this recommended method(see illustration).You must lift pole from lowest section.Friction between assembled sections will not hold pole together when lifting.To keep pole upright when lifting,ensure cradle point is above pole center of gravity.Ensure cradle point is free and will not cinch around pole or snag on hardware or components during lifting. INCORRECT CORRECT Attach each eye of short sling to crane hook /Short sling / Long sling CRADLE POINT ATTACHMENT POINT Feed short sling through eyes of long slings and loop under Attach long slings to lowest jacking ears using pole to form cradle point. load-rated shackles. Ensure cradle point is free and will not cinch around pole or Lowest jacking ears carry entire weight of pole, snag on hardware or components during lifting. All slings must be rated for complete pole weight. Cradle point must be above pole assembly center of gravity. Refer to Musco Foundation Design and Pole Assembly Drawing, QWarning Crushing hazard.Pole can rotate with force,causing injury. Do not stand under pole when lifting.Steady pole with two people holding crossarms.Allow pole to safely rotate around when it is high enough for crossarms and electrical components enclosures to clear the ground. 0000 01991,2012 Musco sports Lighting,LLC • M-1001-enUs-14 muscoa 18 Installation Instructions: Pole Setting and Alignment ® Lift pole.Use care to avoid dragging bottom of pole. Keep crane head below crossarms. Watch for these signs to ensure you are lifting pole properly: INCORRECT • Short sling slides freely up the pole and long slings tighten. • Top of pole rises first. • Short sling does not choke or snag on pole.Lowest jacking * ears carry entire weight of pole. CORRECT Short sling Long Sling ® When pole is suspended,insert rotator bar to clamp and turn to lock in place.Guide pole into position over base using rotator bar and lower onto base.Do not allow pole to seat on base until it is properly aimed(step 9).Pole 4 should rotate with reasonable force applied to bar,but not freely. QWarning Pinching hazard ,. Keep hands clear when setting pole on concrete base. T 4 � `4 F p� +t' 01991,2012 Musco Sports Lighting,LLC M-1001-en US-14 M Vsc®s 19 Installation Instructions. Pole Setting and Alignment ® Align pole using alignment beam.Device projects a narrow vertical beam of light that is only visible when you are aligned with it.This step requires two people. Person A:Stand on field aiming point and look at pole alignment device.It is mounted below lowest crossarm or attached to a luminaire.Walk parallel to crossarms until you see beam.Signal person B to rotate pole left or right until beam aligns with aiming point.Beam may be visible,however when pole is aligned,you will see a / bright flash as you stand directly on aiming point. / Pole / alignment Person B:Following direction from person A,rotate // beam pole left or right until it is aligned. / / Person B 7 Aiming point Person A ® Warning Laser radiation hazard Pole alignment beam is safe for viewing at a distance of three feet(one meter)or more.Do not look into beam from closer than three feet(one meter).Do not use binoculars,camera,or telescope to view beam from any distance.Locator beam is a class 2M laser device.Wavelength:635-660 nm,Laser power for classification:<1 mW continuous,divergence: <1.5 mrad x 1 rad.Using alignment beam in a manner other than as described here may result in hazardous exposure. Do not modify,dismantle,or attempt to repair. OCXDO 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 MUSC®s 20 'InstallationInstructions: Pole Setting and Alignment ® Once pole is aligned,mark thin vertical plumb-line on pole and concrete base.Use mark to verify alignment is maintained while lowering pole(step 11)and jacking Lower steel pole onto base(step 12). section ® Lower pole into position.Hold pole rotator bar to ,lacking ear maintain alignment until pole seats on base.Remove rotator bar and clamp. ® Insert provided steel bar through base.Wrap provided chain around base below steel bar.Attach two 11/2 ton come-alongs to jacking ears.To avoid twisting, Come-along Alignment attach come-alongs to provided chain directly below it/z ton marks jacking ears.If ears align parallel with steel bar,do not use chain.Pull pole down onto base,keeping ° marks aligned.Ensure minimum overlap per Musco ° Foundation and Pole Assembly Drawing. Concrete base 13 If pole seats out of alignment,contact Musco to request separating tools.See Installation Instructions: Separating Steel Pole from Concrete Base. Chain 13 If pole has climbing steps and safety cable,see Steel bar Installation Instructions:Platform,Climbing Steps,and Safety Cable or Installation Instructions:Climbing Steps and Safety Cable for cable tensioning instructions. COOO01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 MUSC®s 21 installation instructions: Connecting to Supply Wiring Overview The final step of installation is connecting the supply wiring at the subpanel.Terminals for phase wires and neutral(if used), disconnect switch with lockout,and equipment ground bar are provided on the subpanel in the electrical components enclosure.If there are multiple circuits on the pole,a disconnect is provided for each circuit.This may be on a separate subpanel in another enclosure.The lighting system uses an integrated lightning ground embedded in the precast concrete base. Depending on foundation design and/or soil conditions,a supplemental grounding electrode may be required. Tools/Materials Needed Musco Supplied Contractor Supplied ❑ 3/16 inch hex key(ground bar) ❑ Underground wiring and conduit ❑ 5/16 inch hex key(bonding terminal inside handhole) ❑ Main power disconnect and distribution panel(s) ❑ 5/32 inch hex key(handhole covers) ❑ Standard screwdriver ❑ 5 mm hex key(125 A disconnect terminals) ❑ 10 ft(3 m)stepladder or small line truck ❑ Equipment bonding jumper Installation Procedure 13 Musco Control System Summary provides electrical loading information needed to size wire and switchgear.Musco provides instructions for installing Control-Link®control system or lighting contactor cabinet when these items are part of your project. ® Route all power leads for lighting equipment to appropriate subpanel locations.Poles with multiple circuits have multiple disconnect switches,sometimes in Electrical separate enclosures.Route power leads through pole if components necessary.Match luminaire IDs on wiring to subpanel. enclosure Equipment ® Connect power leads to distribution lugs on each Power wires subpanel.Match phases by wire color as shown in table. Subpanel — A Equipment ® Connect equipment grounding conductors(green/ Distribution ground bar yellow)from each electrical components enclosure to lugs o 3/16 in equipment ground bar in bottom enclosure.If pole has multiple stacks,connect bonding jumper from stack one.Tighten lugs using 3/16 inch hex key. Wire Identification ColorWire . . Brown Phase A 14 Orange Phase B 14 Yellow Phase C 14 Blue/white Neutral(when required) 14 Green/yellow Equipment bonding 6,10 jumpers 000 ®1991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 muscoa 22 Installation Instr Connecting to Supply Wiring ® Remove handhole cover using 5/32 inch hex key.Route supply wiring through access hub into electrical components enclosure. ® Connect equipment grounding conductor(supply)to ground bar.Tighten lug using 3/16 inch hex key. Electrical ® Connect phase wires(supply)to disconnect switch. components Tighten lugs using standard screwdriver(45 A enclosure disconnect)or 5 mm hex key(125 A disconnect). Wire access Connect neutral wire(if used)to distribution lug.Tighten hole lug using standard screwdriver. Subpanel Equipment ® Route provided equipment bonding jumper(green/ Distribution ground bar yellow)through access hub to pole grounding lug lugs o 3/,sin inside handhole.Tighten lug using'/1 e inch hex key. Disconnect switch5 mm 0 or=� Ensure all handhole covers are installed and electrical Bonding jumper Handhole components enclosure is closed and latched. Pole grounding lug aIf your project includes a supplemental grounding (in handhole) lectrode kit,follow instructions in kit for installing electrode. Supply wiring and equipment grounding conductor Steel pole QWarning Risk of electric shock. Terminate equipment grounding conductor at equipment ground bar in electrical components enclosure. QWarning Lightning hazard. For poles located near metal fences,metal bleachers,or other metal structures,bond structures to pole ground to maintain equal electrical potential per NFPA 780. 01991,2012 Musco Sports Lighting,LLC • M-1001-enUS-14 muscoa 23 4 o \ �0 0 4,. 1 I i 4 4. F. 00 VY Musco Light-Structure Green'"product referenced or shown may be protected by one or more of the Musfollowing patents.United States Patents:D411096,D567422,D567432,D567433,D571033,D573752, D574098,D577149,D583499,D583500,D593883,5398478,5600537,6036338,6203176,6250596,6398392, r 7176635,7452108,7527393,7547118,7675251,7600901,7736024,7740381,7789540,7797117,7798680, 7843144,7848079,7862213,8002431,8007137,8098024.China Patent for Design:ZL200530139426.7. 8830.2, Invention: . nt �/ 711014676841 ?WWW.mUSCO.COlZL200680008832.1. Kong Patents:HK1113814 HK4152HK14555,HK111415,HHK14158U.S. and foreign patents pending. [Pat_0168] 01991,2012 Musco Sports Lighting,LLC M-1001-enUS-14 10/15/13 Mailed to: BLACK HAWK ELECTRIC 1507 COMMERCIAL ST WATERLOO IA 50702 CEDAR VALLEY ELECTRIC 5743 WESTMINSTER STE A CEDAR FALLS IA 50613 K & W ELECTRIC INC 1127 LINCOLN ST PO BOX 967 CEDAR FALLS IA 50613 VEENSTRA CONSTRUCTION 176521 OTH STREET OSKALOOSA IA 52577 BRAY ELECTRIC 21549 158TH STREET ANAMOSA IA 52205 SIEBEN ELECTRIC 5516 NORDIC DR CEDAR FALLS IA 50613 W & J ELECTRIC SERVICE 2300 FRANKLIN ST CEDAR FALLS IA 50613 CARDINAL CONSTRUCTION 531 COMMERCIAL SUITE 800 WATERLOO IA 50701 PETERS CONSTRUCTION CORP 901 BLACK HAW RD PO BOX 2940 WATERLOO IA 50704 NAGLE SIGNS INC PO BOX 2098 WATERLOO IA 50704 Prepared by Carol Nememrs, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-830 RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH CEDAR VALLEY TECHWORKS, INC. AND FDP WTC, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Amended and Restated Development Agreement dated October 14, 2013, breaks the improvements and the City' s bond issuance commitments into two pieces so the west campus site improvements can proceed, by and between Cedar Valley TechWorks, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: c--,, L CL&1�9 Suzy Scha es, CMC City Cle CITY OF WATERL0 , IOWA CITY CLERIC AND FINANCE DEPARTMENT 715 Mulberry Street • waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES City Clerk MICHELLE WEIDNER,CPA • Chief Financial Qf icer I Mayor j BUCK CLARK Council Communication City Council Meeting: October 14, 2013 COUNCIL Prepared: October 9, 2013 MEMBERS Dept. Head Signature: I DAVID Number of Attachments: None JONES IG'ard 1 CAROLYN SUBJECT: Agreement with Hall & Associates COLE Ward Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Recommended City Council Action: I recommend that Council adopt a Ward 3 resolution to approve an agreement for Joint Representation regarding Nutrient QLTENTIN M. Reduction Strategy with Hall & Associates in an amount not to exceed $2,000. THART Summary Statement: A number of Iowa cities are joining together to determine the best approaches to addressing the State of Iowa Nutrient RON Reduction Strategy in an effective, cost-efficient manner. WELPER ;bards Expenditure Required: $2,000 BOB Source of Funds: Sewer Fund User Fees GREENWOOD At-Large Policy Issue: None STEVE SCHMITT Alternative: The City could attempt to develop an At-Large implementation strategy on its own, which would likely result in additional cost to rate payers. Background Information: The State of Iowa has adopted a Nutrient Reduction Strategy which will require modifications to the methods cities use for sewage disposal. CITY WEBSITE;wwW.cityofsvaterlooiotiva.com WE'RE WORKING FOR YOU! An Equal Opportunity/AffirmatireAction Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-831 RESOLUTION APPROVING JOINT REPRESENTATION AGREEMENT WITH HALL & ASSOCIATES OF WASHINGTON, D.C. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Joint Representation Agreement dated October 14, 2013, at a cost not to exceed $2, 000 - 00, to address the State of Iowa Nutrient Reduction Strategy, by and between Hall & Associates of Washington, D.C. and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: zy Scha , CMC City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT • 715 Mulberry Street • Waterloo, Iowa 50703-5783 . (319)291-4366 Fax(319)291-4262 • • NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: October 1, 2013 Mayor Prepared: October 1, 2013 BUCK CLARK Dept. Head Signature: w COUNCIL # of Attachments: IE MEMBERS ................... 2t3 DAVID SUBJECT: Request to set the date of public hearing as October 2a, 2013 for a JONES request by the Bosnian Islamic Association of Waterloo for a site plan amendment Ward I to the "R-4, R-P" Planned Multiple Family Residence District, to allow for the CAROLYN development of a new mosque, cemetery, and sports and recreational complex, COLE generally located on 15.26 acres south of Marigold Drive and north of Memory Ward 2 Lane. HAROLD GETTY Submitted by: Noel Anderson, Community Planning & Development Director Ward 3 Recommended City Council Action:Approval, subject to the following QUENTIN condition: 1) that a more detailed site plan shall be submitted and go back through HART Ward 4 a Site Plan Amendment approval process to more thoroughly review the layout of the proposed development. RON WELDER Summary Statement: Transmitted herewith is a request by Bosnian Islamic Ward 5 Association of Waterloo for a site plan amendment to the "R-4, R-P" Planned BOB Multiple Family Residence District, to allow for the development of a new GREENWOOD mosque, cemetery, and sports and recreational complex. At-Large STEVE The property was rezoned to "R-4, R-P" in 1976, and a site plan amendment was SCHMITT approved in 1983 for the property which showed several different uses.A portion At-Large of the property was shown for 1 and 2 family dwellings, a portion was shown for a church, and a portion was shown for multiple family dwellings. The site plan amendment also showed a lake and some commercial uses, but those are not part of this property. The property does have several sewer lines located on it, which were intended to be public sewers but never accepted by the City as such, with no easements retained over them when the original plat of that property was vacated. The applicant has submitted a new site plan for this property, which shows a new mosque with a 150-stall parking lot, located near the northwestern area of the property. Just to the south and west of the mosque on the site plan is a cemetery. Along the east end of the property is a soccer field, parking lot, along with a playground and picnic area. The site plan also shows several new streets within the CITY WEBSITE: wwwcimaterloo.ia.us WEIR$WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer property. One street would run north to south and would connect Marigold Drive to the north with Memory Lane to the south.A second street is being shown connecting with the new north-south street with a private street located in the mobile home park to the southwest of the property. Staff does have some concerns with the very basic site plan that was submitted by the applicant. It is a hand drawn site plan with sketches as to where things would be located on the property. The purpose of a site plan amendment is to accurately show what use or uses are being proposed on the property, as well as accurate locations of all buildings, utilities, etc. However, staff does believe that approving the conceptual site plan would be acceptable, with the condition that a more detailed site plan be submitted at a later date and go through the site plan amendment process. Staff is also concerned with the inclusion of a cemetery in the request. The City of Waterloo Zoning Ordinance requires a minimum lot size of 30 acres for any new cemetery, whereas the property in question is just over 15 acres and only approximately 5 acres is proposed for the cemetery. However, at their September 24, 2013 meeting, the Waterloo Board of Adjustment approved a variance to allow the cemetery on 5 acres, subject to a condition that the cemetery be completely screened and subject to the sewer lines on the property being accepted as public. Staff had recommended denial of the variance due to concerns that State Code requires the city to be responsible for any failed cemeteries. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: N/A Background Information: This property has been vacant for over 30 years, and the applicant is proposing to purchase the property in order to develop it into their proposed uses. Legal Description: See attached Exhibit"A". The following legal description includes the entire area zoned"R-4, R-P", even though the entire property is not zoned as such. NA:sg cc: Noel Anderson, Community Planning&Development Director. --file-- (Page 3 of 3) EXHIBIT "A- Tract P in Cedar Hills , Waterloo, Black Hawk County, Iowa . AND A parcel of land located in the SW%/, Section 18-88-12, and being a part of vacated Cedar Hills , Waterloo, Black Hawk County, Iowa , described as follows : Beginning at the most Northerly corner of Cedar Hills First Addition, a Replat, Waterloo, Black Hawk County, Iowa; thence S66°11 ' 02"E a distance of 594. 17 feet ; thence S37008'03"W a distance of 131.88 feet ; thence S07°51'36"E a distance of 222. 16 feet; thence S89051'36"E a distance of 195. 15 feet ; thence N24011'55"E a distance of 142.62 feet , thence S65048' 05"E a distance of 82.48 feet to the Northwesterly R-O-W line of Memory Lane as platted in Cedar Hills ; thence N24°11 ' 55"E along said R-O-W line a distance of 60. 00 feet to the Southerly corner of Tract Q, Cedar Hills , thence N65048' 05"W a distance of 35. 00 feet; thence Northerly along a curve concave Easterly having a radius of 173 .86 feet a distance of 348. 96 feet ; thence N49011 '55"E a distance of 150 . 00 feet; thenc3 Northerly along a curve concave Westerly having a radius of 192 .93 feet a distance of 287. 12 feet ; thence N36°04' 11"W a distance of 235. 00 feet; thence Westerly along a curve concave Southerly having a radius of 153.49 feet a distance of 208. 95 feet; thence S65055 '49"W a distance of 114. 54 feet ; thence N24°04' 11"W a distance of 197.49 feet to the Southerly R-O-W line of Afton Drive; thence S65°55'49"W along the Southerly R-O-W line of Afton Drive a distance of 18. 93 feet; thence Westerly along the Southerly R-O-W line of Afton Drive on a curve concave Northerly having a radius of 280.82 feet a distance of 158. 34 feet; thence S11013 '34"W a distance of 216.43 feet ; thence S27012' 15"W a distance of 268.88 feet; thence S29018'40"W a distance of 74.40 feet ; thence S23°48 '58"W a distance of 82. 37 feet to the point of beginning. File Number: 2007-00024287 Seq: 3 City of Waterloo Planning, Programming and Zomng ommission September 1 2013 ♦ �e '' Aw- aProperty Proposing gay A, ' Ak .. k�1 R ,ry rh y( jK go, y� yi aw a y ' x ■ `- .. ' ' i ,. � South of Marigold Drive of j ■ ■ ■ a Amendment Bosnian1 1 1 400 200 0 400 �rerloo �oWaterloo I 1 / $ t rs i r i t i 4 f E i t i � E i _ r E i i l i I September 10,2013 REQUEST: FOR SITE PLAN AMENDMENT IN THE "R-4, R-P" PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT TO ALLOW FOR THE DEVELOPMENT OF A NEW MOSQUE, CEMETERY, AND SPORTS & RECREATIONAL COMPLEX. APPLICANT: Bosnian Islamic Association of Waterloo, 728 W 2nd Street, Waterloo, Iowa 50701. GENERAL DESCRIPTION: The applicant is proposing the site plan amendment to the "R- 4, R-P" Planned Multiple Family Residence District, which would allow for the development of a new mosque on the property, in addition to a cemetery, and a sports and recreational complex, which would include a soccer field, kids playground and a small park area. IMPACT ON NEIGHBORHOOD & The request would not have a negative impact on the SURROUNDING neighborhood, as the area is primarily residential in nature, LAND USES: consisting of mostly single-family homes. North — Several commercial uses, zoned "C-1" Commercial District. South — Mobile home park, zoned "R-4, R-P" Planned Multiple Residence District. East— U.S. Hwy 218, agricultural ground, zoned "A-1" Agricultural District. West— Mobile home park, zoned "R-3" Multiple Family Residence District. VEHICULAR & PEDESTRIAN The applicant has provided a very crude site plan, which TRAFFIC shows Marigold Drive being extended to the south to connect CONDITIONS: with Memory Lane at the south end of the property. There is also a road being shown which would connect with a road in the mobile home park located to the south. There are no sidewalks located adjacent to this property. RELATIONSHIP TO REC. TRAIL PLAN: There are no recreational trails located near this property. ZONING HISTORY The property in question is zoned "R-4, R-P" Planned Multiple FOR SITE AND Family Residence District, and has been zoned as such since IMMEDIATE VICINITY: 02/23/1976. Properties to the north are zoned "C-1" Commercial District, west are zoned "R-3" Multiple Residence District, south are zoned "R-4, R-P" Planned Multiple Residence District, and east are zoned "A-1"Agricultural District. DEVELOPMENT The area started developing in the 1970's, including the HISTORY: adjacent mobile home parks. 09-10-13 S of Marigold Dr Bosnian Islamic Association Site Plan Amendment R-4, R-Rdoc Page 1 of 4 September 10, 2013 BUFFERS/ There would not be any screening requirements for this SCREENING development. REQUIRED: DRAINAGE: There do not appear to be any drainage issues. FLOODPLAIN INFORMATION: The property is not located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 316F, dated July 18, 2011. PUBLIC/OPEN SPACES/SCHOOLS: There are no public or open spaces located near this property. UTILITIES: WATER, SANITARY SEWER, There is an 8" sanitary sewer located within Marigold Drive to STORM SEWER, the north, and an 8" line within Memory Lane to the south. ETC: There are also two 8" sanitary lines that cross right through this property, as it was once a platted subdivision with platted streets that has since been vacated. There is a 12" storm sewer within Marigold Drive to the north, and a 12" storm sewer within Memory Lane to the south. There is also a 12" storm sewer line running through the property in question, as it was once a platted subdivision with platted streets that has since been vacated. The utility lines that are on the property have been previously indicated by the original developer to be for public use, however the City has not accepted them as public sewer lines, and they remain private to this day, and no public easements have been re-dedicated for them. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map (February 3, 2003) designates this LAND USE PLAN: site as Mixed Residential: Low, Medium, High Density Residential, Professional Offices, and Neighborhood Commercial. The request would appear to be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — ZONING The property was rezoned to "R-4, R-P" in 1976, and a site ORDINANCE: plan amendment was approved in 1983 for the property which showed several different uses. A portion of the property was shown for 1 and 2 family dwellings, a portion was shown for a church, and a portion was shown for multiple family dwellings. The site plan amendment also showed a lake and some commercial uses, but those are not part of this property. The applicant has submitted a new site plan for this property, 09-10-13 S of Marigold Dr Bosnian Islamic Association Site Plan Amendment R-4,R-P.doc Page 2 of 4 September 10, 2013 which shows a new mosque with a 150-stall parking lot, located near the northwestern area of the property. Just to the south and west of the mosque on the site plan is a cemetery. Along the east end of the property is a soccer field, parking lot, along with a playground and picnic area. The site plan also shows several new streets within the property. One street would run north to south and would connect Marigold Drive to the north with Memory Lane to the south. A second street is being shown connecting with the new north-south street with a private street located in the mobile home park to the southwest of the property. The surrounding land use is primarily used for a mobile home park, as there is one located adjacent to the west and one to the south. There are several single-family homes located along Memory Lane closer to Highway 218, along with several commercial uses located to the north along Marigold Drive near Highway 218 (car wash, gas station, mini-storage development). The proposed use of the property for a religious facility, cemetery, and sports and recreation complex does differ from the original approved plan, but would not appear to have a detrimental impact on the surrounding area. Staff does have some concerns with the very basic site plan that was submitted by the applicant. It is a hand drawn site plan with sketches as to where things would be located on the property. The purpose of a site plan amendment is to accurately show what use or uses are being proposed on the property, as well as accurate locations of all buildings, utilities, etc. However, staff does believe that approving the conceptual site plan would be acceptable, with the condition that a more detailed site plan be submitted at a later date and go through the site plan amendment process. The Zoning Ordinance requires that a cemetery have a minimum lot size of 30 acres. This site is less than 30 acres in size, and therefore a variance would be needed to approve the cemetery to be on this property, which is less than 30 acres in size. The Board of Adjustment, at their meeting held on September 24th, did approve a variance to allow the cemetery on less than the required 30 acres, subject to the condition that the cemetery is screened by a solid fence from the neighboring property. STAFF ANALYSIS — SUBDIVISION If the applicant is proposing to construct new public streets ORDINANCE: within this development, a plat would be required to show the proposed lot layout and street locations. A plat would also be required if any portion is proposed to be laid out into individual lots. 09-10-13 S of Marigold Dr Bosnian Islamic Association Site Plan Amendment R-4, R-P.doc Page 3 of 4 September 10,2013 STAFF Therefore, staff recommends the conceptual plan for site RECOMMENDATION: plan amendment in the "R-4, R-P" Planned One and Two Family Residence District be approved for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area, as a similar site plan was approved in the past that showed a religious facility upon the site, along with residential development. 2. The request would not appear to have a negative impact upon traffic conditions in the area, however, a more detailed plan would need to be submitted on how the proposed streets would tie into the existing street network in the area. And subject to the following condition(s): 1. That a more detailed site plan shall be submitted and go back through a Site Plan Amendment approval process to more thoroughly review the layout of the proposed development. 09-10-13 S of Marigold Dr Bosnian Islamic Association Site Plan Amendment R-4, R-P.doc Page 4 of 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . I RESOLUTION NO. 2013-832 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF BOSNIAN ISLAMIC ASSOCIATION FOR A SITE PLAN AMENDMENT TO THE "R-4, R-P" PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT FOR PROPERTY GENERALLY LOCATED ON 15 . 26 ACRES SOUTH OF MARIGOLD DRIVE AND NORTH OF MEMORY LANE, AS OCTOBER 28, 2013, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of October, 2013, for the purpose of considering the request of Bosnian Islamic Association for a site plan amendment to the "R-4,R-P" Planned Multiple Family Residence District for property generally located on 15 . 26 acres south of Marigold Drive and north of Memory Lane, to allow for the development of a new mosque, cemetery, and sports and recreational complex, and legally described as follows: Tract P in Cedar Hills, Waterloo, Black Hawk County, Iowa, AND A parcel of land located in the SW '-4, Section 18-88-12, and being a part of vacated Cedar Hills, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Northerly corner of Cedar Hills First Addition, a Replat, Waterloo, Black Hawk County, Iowa; thence S66011' 02"E a distance of 594 . 17 feet; thence S37008' 03"W a distance of 131 . 88 feet; thence S07051136"E a distance of 222 . 16 feet; thence S89051136"E a distance of 195 . 15 feet; thence N24011155"E a distance of 142 . 62 feet; thence S65048' 05"E a distance of 82 . 48 feet to the Northwesterly R-O-W line of Memory Lane as platted in Cedar Hills; thence N24011155"E along said R-O-W line a distance of 60 . 00 feet to the Southerly corner of Tract Q, Cedar Hill, thence N65048105"W a distance of 35. 00 feet; thence Northerly along a curve concave Easterly having a radius of 173 . 86 feet a distance of 348 . 96 feet; thence N49°11155"E a distance of 150 . 00 feet; thence Northerly along a curve concave Westerly having a radius of 192 . 93 feet a distance of 287 . 12 feet; thence N36004' 11"W a distance of 235 . 00 feet; thence Westerly along a curve concave Southerly having a radius of 153 . 49 feet a distance of 208 . 95 feet; thence S65055149"W a distance of 114 . 54 feet; thence N24004' 11"W a distance of 197 . 49 feet to the Southerly R-O-W line of Afton Drive; thence S65055' 49"W along the Southerly R-O-W line of Afton Drive a distance of 18 . 93 feet; thence Westerly along the Southerly R-O-W line of Afton Drive on a curve concave Northerly having a radius of 280 . 82 feet a distance of 158 . 34 feet; thence S11013134"W a distance of 216. 43 feet; thence S27012' 15"W a distance of 268 . 88 feet; thence S29018140"W a distance of 74 . 40 feet; thence S23048' 58"W a distance of 82 . 37 feet to the point of beginning. Resolution 2013-832 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of October, 2013 . G�e%w Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Cle k CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT • 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: October 14, 2013 Mayor Prepared: October 2, 2013 BUCK CLARK Dept. Head Signature: COUNCIL # of Attachments: MEMBERS SUBJECT: Request to set the date of public hearing as October 28, 2013 for a DAVID request by Kess &Associates on behalf of Black Hawk Contracting and JONES Development for a site plan amendment to the "R-1, R-P" Planned One and Two Ward 1 Family Residence District, which would allow for the construction of 14 new CAROLYN single-family homes located at the former Lafayette School site. COLE Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GETTY Recommended City Council Action:Approval of the request as submitted and Ward authorize Mayor and City Clerk to execute necessary documents. QUENTIN Summary Statement: Transmitted herewith is a request by Kess &Associates on HART Ward 4 behalf of Black Hawk Contracting and Development for a site plan amendment to the "R-1, R-P" Planned One and Two Family Residence District, to allow for the RON construction of 14 new single-family homes. WELPER Ward 5 The site plan shows 14 lots, of which 4 new homes would be constructed along BOB Colorado Street, and 10 new homes would be constructed along Indiana Street. GREENWOOD The lots would vary slightly in size, ranging from 7,637 SF to 8,911 SF. They At-Large would also have widths ranging from 60'to 74'. The "R-1, R-P" District has a STEVE minimum lot size requirement of 9,000 SF per lot, as well as a 75' minimum lot SCHMITT width. The "R-P" designation does allow for flexibility in its yard requirements, At-Large stating that"the underlying zoning district in which the development is located shall not apply except that the required yard shall be compatible and/or similar to adjacent properties provided around the boundary of the development". The surrounding area is zoned"R-2", which has a minimum lot size requirement of 6,000 SF, and a lot width requirement of only 50'. Therefore, it would appear that the proposed development would in fact be compatible with the adjacent properties. When the property was rezoned to "R-1, R-P" in 2011, it was done so with the condition"that the development be highly scrutinized to provide a higher level of design and livability". Items to be scrutinized include the design of the home for curb appeal, number of stories, setbacks, house size, garage, fencing, etc. CITY WEBSITE: www.cimaterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. Therefore, it would appear that the proposed development would in fact be compatible with the adjacent properties. Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. Expenditure Required: None Source of Funds: None required Policy Issue: Infill Development Alternative: Background Information: The City of Waterloo currently owns the property in question, which was formerly the location of Lafayette School. That school closed many years ago, and the City took ownership of the property in 2010 in order to demolish the school and market it for residential redevelopment. Once the City acquired the property, it was rezoned from "R-2" One and Two Family Residence District to "R-1, R-P" Planned One and Two Family Residence District. The City did this in order to protect the neighborhood and require any development to go through the Site Plan Amendment process to provide the City with plans on how the lots were going to develop, such as house style, number of stories, garages, etc. This also gives the public a chance for input into the proposed development. Legal Description: See attached Preliminary Plat AS:sg cc: Noel Anderson, Community Planning&Development Director. --file-- August 6,2013 REQUEST: Request by Black Hawk Contracting and Development for the Final Plat of Lafayette School-Linden Place Replat— 1St Addition. APPLICANT: Black Hawk Contracting and Development, 1509 Commercial Street, Waterloo, IA 50702 GENERAL The applicant is requesting to plat 6 residential lots at the along the DESCRIPTION: east side of Indiana Street, north of Lafayette Street. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood, as additional single-family housing SURROUNDING would be compatible with already existing development in the LAND USE: surrounding area, and would also appear to enhance the area. VEHICULAR & The addition of six new residential lots would add additional traffic PEDESTRIAN to the area, but not enough to negatively impact the traffic TRAFFIC conditions in the area. CONDITIONS: There are sidewalks located along the east side of Colorado Street and the north side of Lafayette Street. There are no sidewalks along Indiana; however, new sidewalks would be required along the lots once homes are developed. RELATIONSHIP TO The Cedar Valley Lakes Recreational Trail is located approximately RECREATIONAL a '/2 mile to the south of the site in question along the north side of TRAIL PLAN: the Cedar River. ZONING HISTORY The property in question is zoned "R-1, R-P" Planned One and Two FOR SITE AND Family Residence District, and has been zoned as such since IMMEDIATE VICINITY: 04/04/2011. Previously, the property was zoned "R-3" Multiple Family Residence District. Properties to the north, south and east are zoned "R-2" One and Two Family Residence District, and the properties to the west are zoned "R-3" Multiple Family Residence District and "C-1" Neighborhood Commercial District. DEVELOPMENT The surrounding area mostly consists of single-family residences HISTORY: which were constructed from the 1910s to the 1970s. There is some commercial development to the south of the property in question that was constructed in the 1950s. BUFFERS/ No buffers or additional screening is needed with this request. SCREENING REQUIRED: DRAINAGE: Platting of the land in question would not appear to have a negative impact upon drainage in the surrounding area. It is encouraged that the developer includes swales in the development for water to pool, reducing runoff. FLOODPLAIN: This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0306F. PUBLIC /OPEN The former Lafayette School, which was constructed in 1900, was SPACES/ SCHOOLS: used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for Lafayette School-Linden Place Replat—1 st Addition Page 1 of 3 August 6,2013 quite some time, and currently is vacant, with demolition of the building set to occur in the very near future. The nearest school would be Highland Elementary School, which is located approximately 1 mile to the north and east. Lafayette Park is located approximately a 1/2 mile to the west at the intersection of Vinton Street and Lafayette Street. UTILITIES: WATER, There is an 18" sanitary and 18" storm in Lafayette Street. There is SANITARY SEWER, an 8" sanitary and 12" storm in Colorado a portion of the way STORM SEWER, ETC down, but not connecting to Lafayette Street. There is an 8" sanitary in Indian Street a portion of way down, but not connecting to Lafayette Street. RELATIONSHIP TO The Future Land Use Map designates the area as Low Density COMPREHENSIVE Residential, and this request would be in compliance with such LAND USE PLAN: designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The proposed final plat consists 1.62 acres located east of the ZONING former Lafayette School site. An 18" storm sewer and sanitary ORDINANCE: sewer are located within Lafayette Street to the south of the site in question. There is an 8" sanitary sewer located in the north 1/2 of Colorado and Indiana Streets between Lafayette Street and Dearborn Avenue. There is also a 12" storm sewer located within the north '/2 of Colorado Street between Lafayette and Dearborn. As redevelopment of the site occurs, it may be necessary to extend water and sewer southward on both Indiana and Colorado Streets towards Lafayette Street. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. The proposed replat for the site are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. There are 30' building setback lines shown on the frontages and rears of all the lots in the subdivision, which is the minimum requirement for the "R-1" One and Two Family Residence District, which would be the same requirement for the "R-1, R-P". The lots range from 58.1 to 65.0' wide, with 6' side yard setbacks. The Ordinance notes that the required side yard setback in the "R-1" is 10% of the lot width at the building line. Proposed sanitary sewer, storm sewer, as well as a water line would be extended down Indiana Street to Lafayette Street. There are already the necessary utilities within Lafayette and Colorado Streets to serve the plat as it is developed. STAFF ANALYSIS — The submitted final plat appears to meet the guidelines as put forth SUBDIVISION by the Subdivision Ordinance. However, it will be necessary to ORDINANCE: submit a deed of dedication for the final plat. Lafayette School-Linden Place Replat—1 st Addition Page 2 of 3 August 6,2013 STAFF Therefore, staff recommends that the request for the Final Plat of RECOMMENDATION: Lafayette School-Linden Place Replat— 1st Addition be approved due to the following reasons: 1. The plat can be serviced by the extension of existing utilities. 2. The plat is in accordance with the Subdivision Ordinance, and would appear to meet the requirements of the Zoning Ordinance. 3. The plat will create an infill development site within the Primary Growth Area, as well as additional housing development options within the City. And subject to the following condition(s): 1. That a Deed of Dedication is submitted. 2. That sidewalk is properly installed along the frontages of all lots within the subdivision as it is developed. Lafayette School-Linden Place Replat—1 st Addition Page 3 of 3 beualwml Mll Ra-ii`1A,�r1fffm PAJ H-HUX 15 OT" —JI., KA.., ww."f-3�.`7. r PIP911,16. �V _Pn I;N. I e Lo RE LAN wo ow. _vAn LOT LOT 2 Ip 1-1:11 1 f- V.�I BLOCK ia is REPIAT REPLAT REPLAT REPLAT r ..'00-E-37.. /---------- ------ mo n 7 F Mal I I ­ i URT" . T_ - F I r G -Z z LL LOT 1I.:wCK 11 Lz iI '. / LOT 12,81=is jumm LINDE UKDEN PLACE PL�' IF 154hN WIWI' BE f,I., o. 461 p Q ;o 91 �Pflh F 0, vp .g pi Y t - fill t gal zi u PRELIMINARY PLAT 1�1`­EIIIZ SIC OOL �E�L-T — 1_1,101E� Ri_,ACE LAI'AYETTE ROAD AT COLORADO & INDIANA, WATERLOO, IOWA and Zoning Commission qty of Waterloo PlanningPrgramming August 652013 i 1 � i= 9 . u�1 ki I a P 1 rMUM I9ftCor••r , N Prelminary Plat of Lafayette School W E Replat - Linden Place .s' Black Hawk Contracting & Development 150 Fee, CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 10, 2013 Dept. Head Signature: Eric Thorson PE., City Engineer # of Attachments: SUBJECT: ADDITIONAL DESIGN SERVICES F.Y. 2014 2672 AND 2736 LOGAN AVENUE SANITARY SERVICES CONTRACT NO. 861 Submitted by: Jamie Knutson P.E., Associate En ig neer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is an agreement with Ament,Inc. for additional design services for the F.Y.2014 2672 AND 2736 LOGAN AVENUE SANITARY SERVICES,CONTRACT 861. Expenditure Required The cost for the additional design services is five thousand dollars($5,000.00),and shall not be exceeded without authorization of the City. Source of Funds GO Bonds Policy Issue N/A Alternative N/A Background Information This will provide for the exact elevation of the water mains so we can revise the bid documents. This will hopefully allow us to receive bids for this project,which has been out for bid three times. WORK ORDER#13-02 City of Waterloo Attn: Jamie Knutson 715 Mulberry Street Waterloo, IA 50703 Date: October 7, 2013 Base Agreement Date: September 10, 2012 Ament Design Project Number: G00412.20 City of Waterloo Project Number: 840 Re:Virden Creek Tributary Drainage Improvements—Watermain potholing, plan revision and coordination for Sanitary Sewer Services A. Previous Contract Amount: $105,300.00 B. Work Order Amount—Watermain Potholing, Plan Revision and Coordination: $5,000.00 C. New Contract Amount: (A+ B) $110,300.00 Scope of Work Order: Watermain Potholing, Plan revision and Additional Coordiantion for Sanitary Sewer Services $5,000 • The additional services required for Watermain Potholing, plan revision, and Additional coordination outside of the original scope of services include: o Potholing Watermain in 2 locations. To be performed by Vieth Construction • Traffic control for inside (left-hand) lane closure • Core 1 6" hole through concrete at each location. Two (2) locations • Vacuum 6" hole down to Watermain • Record depth from watermain to top of paving • Fill holes with flowable mortar • Exclusions • Layout to be located based on Waterloo Water Works locates. • If watermain is not found in hole, an additional $1200.00 per core, plus standby time waiting for new location will be charged. o Design revisions to plan sheet to include elevations of watermain and notes to direct contractor of construction of sanitary sewer services. o Additional Coordination for potholing, plan changes and bid information. Schedule: Ament Design intends to complete the scope, unless we are delayed by events beyond our control, within 2 weeks from the notice to proceed. Fee: Lump sum—$5,000 Ajdroved by: Submitted by: City of Waterloo Date Ament Inc. Date The base agreement signed between Ament Design and City of Waterloo is referenced by this statement, and shall be considered part of this work order. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-833 RESOLUTION APPROVING AGREEMENT WITH AMENT, INC. OF CEDAR RAPIDS, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated October 14, 2013, in an amount not to exceed $5, 000 . 00, for additional design services for the F.Y. 2014 2672 and 2736 Logan Avenue Sanitary Services, Contract No. 861, by and between Ament, Inc. of Cedar Rapids, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: uzy Sc res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-822 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO RALLY APPRAISAL SERVICES OF CEDAR RAPIDS, IOWA, FOR THE APPRAISAL OF PARCEL NO. 8913-24-308-025 OWNED BY LARSON MANAGEMENT, LLC LOCATED AT THE INTERSECTION OF EAST 2ND STREET AND WALNUT STREET, IN THE AMOUNT OF $1, 200 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Rally Appraisal Services of Cedar Rapids, Iowa, in the amount of $1, 200 . 00, for the appraisal of Parcel No. 8913-24-308-025 owned by Larson Management, LLC located at the intersection of East 2nd Street and Walnut Street, be and is hereby accepted. PASSED AND ADOPTED this 14th day of October, 2013 . -�e 1�v Ernest G. Clark, Mayor ATTEST: uzy Schres, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 9, 2013 Dept. Head Signature: Steve Wareham # of Attachments: 1 SUBJECT: Approval of Change Order #1 in the amount of$19,237.20 for Rehabilitation of Taxiway E project for Waterloo Regional Airport. Submitted by: Sheila Combs,Airport Bookkeeper Recommended City Council Action: Approval of Change Order #1 in the amount of$19,237.20 for Rehabilitation of Taxiway E project for Waterloo Regional Airport. Summary Statement Expenditure Required: N/A Source of Funds: 90% ($17,313.48) FAA Grant/ 10% ($1,923.72)PFC Policy Issue Alternative Background Information: This change order provides for additional PCC pavement patching on Taxiway E, deletes crack and joint filling that was not required, and reduces the amount of bituminous leveling course due to a 50% pay reduction. This request has been reviewed and approved by FAA. CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 7, 2013 Dept. Head Signature: Eric Thorson PE. City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. -$168,124.56 INCREASE F.Y. 2013 BLOWERS CREEK CUVETTE REPAIRS CONTRACT NO. 845 Submitted by: Jamie Knutson, PE Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 2 in the increased amount of$168,124.56. This is the accumulated amount of adjustments from field changes on plan quantity bid items that were determined necessary during the construction of the project. Expenditure Required Source of Funds- GO Bond Funds Policy Issue N/A Alternative None Background Information: The large increase is due high waters that washed out half of the work that had begun,which then required repairs.'The width of the channel paving was then increased to hopefully keep this type of washout from happening again. Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 7, 2013 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2013 BLOWERS CREEK CUNETTE REPAIR CITY CONTRACT NO. 845 ACCEPTANCE OF PROJECT Submitted by: Eric Thorson, P.E. City Engineer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement: I report that STICKFORT CONSTRUCTION CORPORATION, INC., of Hudson, Iowa, has completed the F.Y. 2013 BLOWERS CREEK CUNETTE REPAIR, Contract No. 845 in accordance with the plans and specifications. The total cost of the contract was $401,711-60. Expenditure Required Source of Funds GO Bond Funds Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-823 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY STICKFORT CONSTRUCTION CORPORATION, INC. OF HUDSON, IOWA, IN CONJUNCTION WITH THE F. Y. 2013 BLOWERS CREEK CUNETTE REPAIR, CONTRACT NO. 845, AND ACCEPTING THE WORK. WHEREAS, Stickfort Construction Corporation, Inc. of Hudson, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $401, 711 . 60 in conjunction with the F. Y. 2013 Blowers Creek Cunette Repair, Contract No. 845, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 14th day of October, 2013 . Er est G. Clark, Mayor ATTEST: zy Schrk , CMC City Cle CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 8, 2013 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 GERALDINE ROAD EXTENSION Contract No. 821 RM-8155(727)-9D--07 Submitted by: Eric Thorson, P.E. City Engineer Recommended City Council Action: It is recommended that this project be accepted and that council approve the "Certificate of Completion and Final Acceptance of Agreement Work" and authorize the Mayor to sign said document. Summary Statement I report that BENTON'S SAND AND GRAVEL, INC., of Cedar Falls, Iowa, has completed the F.Y. 2012 GERALDINE ROAD EXTENSION, CONTRACT NO. 821 in accordance with the plans and specifications. The total cost of the contract was $268,636.03. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2)years. Expenditure Required Source of Funds RISE Grant with Local Option Sales Tax Match Policy Issue N/A Alternative None Background Information: Cc: Benton's Sand and Gravel, Inc. Louis Starks, Contract and Grants Coordinator Pauline Closson, Engineering Department Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-824 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY BENTON' S SAND AND GRAVEL, INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE F.Y. 2012 GERALDINE ROAD EXTENSION, CONTRACT NO. 821, AND ACCEPTING THE WORK. WHEREAS, Benton' s Sand and Gravel, Inc. of Cedar Falls, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $268, 636. 03 in conjunction with the F. Y. 2012 Geraldine Road Extension, Contract No. 821, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST : Suzy Sch res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-825 Council Communication City Council Meeting: October 14, 2013 Prepared: October 8, 2013 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: NEVADA STREET RAILROAD CROSSING - COOPERATIVE SURFACE REPAIR AGREEMENT WITH CC&P RAILROAD Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Approve Cooperative Surface Repair Force Account Agreement and authorize Mayor to sign and enter into said agreement. Summary Statement This agreement includes the railroad reconstructing 75 lineal feet of surface crossing under one track using rubber materials. The City agrees to contract out the asphalt work in constructing the approaches and tapers. The roadway traffic control costs are the responsibility of the City. The total estimated cost of the project is $87,927. The City agrees to incur 20% of the project costs. With traffic control costs, this is estimated to be $18,085. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $18,085 Source of Funds Local Option Sales Tax revenue Policy Issue N/A Alternative N/A Background Information: Recently, the Chicago Central and Pacific Railroad Company discovered that the surface crossing material at one set of tracks at the Nevada Street crossing is failing and is in immediate need of replacing. Traditionally, the City and railroad would jointly apply for funds to reconstruct a crossing under the Iowa Grade Crossing Surface Repair Fund. Under this state program the City incurs 20% of the project costs. Therefore, the CC&P has proposed the City incur 20% of the Nevada Street surface crossing replacement. Prepared by Carol Ne=ers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-826 CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 7, 2013 Dept. Head Signature: Eric Thorson # of Attachments: SUBJECT: F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I& II CONTRACT NO. 822 NOTICE OF DISCONTINUATION Submitted by: W. Wayne Castle, PLS, EI Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to,sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This document is required by the DNR when stabilization of the project site has been obtained. CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 7, 2013 Dept. Head Signature: Eric Thorson # of Attachments: SUBJECT: F.Y. 2013 BLOWERS CREEK CUNETTE REPAIRS CONTRACT NO. 845 NOTICE OF DISCONTINUATION Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This document is required by the DNR when stabilization of the project site has been obtained. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-827 RESOLUTION APPROVING NOTICE OF DISCONTINUATION OF A STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO. 2 FOR CONSTRUCTION ACTIVITIES WITH THE DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF DISCONTINUATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit No. 2 for Construction Activities dated October 14, 2013, in conjunction with the F. Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845, by and between the Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of October, 2013 . E est G. Clark, Mayor ATTEST: C. y Schres, CMC City Cle k CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street Y Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • • NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: October 14 2013 BUCK CLARK Prepared_October 9 2013 . ) Dept. Head Signature: � ' t-C��t � COUNCIL # of Attachments: MEMBERS SUBJECT:Authorization by the City Council for the Mayor and City Clerk to sign and DAVID fully execute the enclosed Enterprise Zone agreement with GMJ2 LLC. NE Submitted by: Noel Anderson, Community Planning&Development Director CAROLYN Recommended City Council Action: Authorization by the City Council for the Mayor COLE and City Clerk to sign and fully execute the enclosed Enterprise Zone agreement. Ward 2 HAROLD Summary Statement: Transmitted herewith is a Housing Enterprise Zone Program GETTY Agreement for GMJ2 Industries, LLC for the construction of 5 homes, located at the former Ward 3 Williston Field within the Enterprise Zone. QUENTIN HART Expenditure Required: None Ward 4 RON Source of Funds: N/A WELPER Ward 5 Policy Issue: Economic Development BOB Background Information: As required by the State Code of Iowa, the local Enterprise GREENWOOD Zone Commission reviewed the attached applications and project,ject and recommended At-Large approval to the State of Iowa. The State of Iowa has now approved the projects in its review, STEVE and has forwarded the agreements to commence with the project. SCHMITT At-Large The attached agreements are formal documentation of the projects, their locations within a locally designated and state certified Enterprise Zone, and the incentives they are eligible for under the program. Therefore, we ask that the City Council authorize the Mayor and City Clerk to sign and fully execute the agreement for the property. If you have any questions or need additional information please contact our office. AS:ap CC: Noel Anderson,Community Planning&Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter Enterprise Zone Agreement 7.18.1 l.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-828 RESOLUTION APPROVING HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT #14-HEZ-015 WITH IOWA ECONOMIC DEVELOPMENT AUTHORITY AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Housing Enterprise Zone Program Agreement #14-HEZ-015 dated October 14, 2013, in conjunction with the construction of five (5) homes located at the former Williston Field in the Waterloo EZ-8 enterprise zone, by and between Iowa Economic Development Authority, GMJ2 Industries, LLC and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of October, 2013 . � JL-z E nest G. Clark, ayor ATTEST: f E���s Lct��) uzy Schres, CMC City Cle k CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262, NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL Cit Council Meeting: June 11, 2012 MEMBERS y Prepared: June 8, 2012 �--- Dept. Head Signature: Noel Anderson, Community Planning & Development (rector DAVID # of Attachments: 1 JONES Ward' SUBJECT: Resolution approving the FY 2014 and FY 2015 Economic CAROLYN Development Grant to Greater Cedar Valley Alliance for work towards economic COLE development, in the amount of $28,500 base amount with $56,500 in potential Ward incentive funds HAROLD GETTY Submitted by: Noel Anderson, Community Planning and Development Director .Ward 3 QUENTIN Recommended City Council Action: Approval of Economic Development Grant HART and authorize Mayor and City Clerk to sign and fully execute the document. Ward 4 RON Summary Statement: Council has previously approved similar agreements with WEEPER Greater Cedar Valley Alliance, at different amounts over the years since about WE Wards 1996. This agreement is same as last year's, with some slight changes to the requirements of reporting activities for Greater Cedar Valley Alliance. Note —we BOB are requesting to approve the next two years of agreements, due to new GREENWOOD reporting laws and timelines per TIF standards for the State of Iowa. At-Large STEVE The Greater Cedar Valley Alliance serves as the State of Iowa's single point of SCHMITT contact for larger project leads, and then works with city officials and staff for At-Large work to try and bring such projects here. This partnership has helped to bring such companies as Ferguson Enterprises, Con Agra Foods, and helped other local industries expand like Deere and Company, Hydrite Chemical, A-Line, Advanced Heat Treat, and others. This grant agreement would continue that relationship, to continue the City Council's main priority of economic development to the community through the provision of jobs, infrastructure, businesses, etc. Note — this agreement is for this current fiscal year of 2014, and the upcoming 2015 fiscal year. The agreement calls for a payment of $28,500 — in two payments of$14,250 at December and June —for the following work efforts: - Business expansion and recruitment - Encouraging st CT Y WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer - Workforce recruitment and coordination - Advocacy in Des Moines and Washington DC Improving the "Brand" through marketing, promotions, web presence, and attendance at major conferences There is also a potential $56,500 in additional incentives for work towards - acres of new development - amounts of taxable value - new full times jobs created All documented through a report and potential presentation to city and at end of agreement period. Expenditure Required: $28,500 with $56,500 in potential additional expense Source of Funds: bonds and TIF cash Policy Issue: NA Alternative: NA Background Information: The City of Waterloo has had a partnership for economic development efforts with Greater Cedar Valley Alliance in one form or another since about 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-829 RESOLUTION APPROVING FY 2014 AND FY 2015 ECONOMIC DEVELOPMENT GRANT TO GREATER CEDAR VALLEY ALLIANCE FOR WORK TOWARDS ECONOMIC DEVELOPMENT, IN THE BASE AMOUNT OF $28, 500 . 00 WITH $56, 500 . 00 IN POTENTIAL INCENTIVE FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the FY 2014 and FY 2015 Economic Development Grant to the Greater Cedar Valley Alliance for work towards economic development, in the base amount of $28, 500 . 00 with $56, 500 . 00 in potential incentive funds, be and the same is hereby approved. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: zy Sch res, CMC City Clerk CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 • SUZY SCHARES City Clerk :MICHELLE WEIDNER,CPA Chief Financial Officer Mayor BUCK CLARK Council Communication City Council Meeting: October 14, 2013 coUNCIL Prepared: October 9, 2013 MEMBERS Dept. Head Signature: DAVID Number of Attachments: None JONES Ward 1 CAROLYN SUBJECT: Amended and Restated Development COLE Agreement with Ward Cedar Valley TechWorks, Inc. & HAROLD FDP WTC, LLC GETTY Ward 3 Submitted by: Michelle Weidner, Chief Financial Officer QUENTIN M. HART Ward Recommended City Council Action: I recommend that Council adopt a RONresolution approving the amended and restated development agreement with WELPER Cedar Valley TechWorks, Inc. & FDP WTC, LLC. WEE Wards Summary Statement: Attached is a copy of the council communication BOB that accompanied the original agreement which was approved at the January 30, GREENWOOD 2012 meeting. A number of things have changed in the financing strategy for the At-Large project. FDP is continuing to finalize the financing for the Tech II building. The Deere Museum is expected to open in the spring of 2014. This agreement breaks STEVE the improvements and the city's bond issuance commitments into two pieces so SCHMITT that the west campus site improvements can proceed now. At-Large Expenditure Required: $12,750,000 Source of Funds: General Obligation bonds Policy Issue: Economic development in the city of Waterloo Alternative: Background Information: Please refer to the original council communication. i CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , d0VVA COMMUNITY PLANNINGAND DEVELORMENT 715 Mulberry Street o Waterloo, Iowa 50703-5783 0 (319)291-4366 Fax(319)291-4262 o e NOEL C.ANDERSON,Community Planning&Developrnenr Director Mayor CITY OF WATERLOO BUCK CLARK COUNCIL Council Communication IVIEM13ERS City Council Meeting: January 30, 2012 .............. Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development DAVID JONES Director Ward r of Attachments: 1 CAROLYN SUBJECT: Resolution approving the Development Agreement with the Cedar Ward 2 COLE LValley TechWorks, Inc. and FDP WTC, LLC for the redevelopment at the TechWorks campus and authorize Mayor and City Clerk to execute said document. HAROLD GETTY Submitted by: Noel Anderson Community Planning & Development Director Ward 3 QUENTIN Recommended City Council Action: Resolution approving Development HART Agreement Ward 4 RON Summary Statement: As you may recall, John Deere donated several buildings for WELDER the development of the Tech Works Campus. Many of those buildings were Wards demolished, or slated for redevelopment. This Development Agreement would work BOB to provide for a variety of incentives and methods for the City of Waterloo to aid the GREENWOOD Cedar Valley Tech Works and FDP WTC, LLC for the redevelopment of the Tech 2 At-Large building and campus improvements. SEVE The agreement would have the City of Waterloo bonds funds to help for the overall At-Large financing of the project will work to utilize State and Federal Historic Tax Credits, Disaster Bond funds, New Market Tax Credits, Brownfield Greyfield Tax Credits, etc. for the overall redevelopment of the former John Deere building. The building would be redeveloped for a muti-use building including office space, training space, incubator space, display space, and hotel use. The overall building redevelopment will work to utilize wind energy, solar energy, as well as many LEED certified and innovative techniques to save and create power sources for the overall Tech Works Campus redevelopment and new development. The bonds issued would be covered in the wording of the agreement by the new taxable value being created by this project, future projects, and other collateral. CITY WEBSITE: wwwci_waterloo_ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmafive Action Employer • i Source of-Funds: bonds Policy issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The Tech Works Campus was setup through a large donation by Deere and Company to help fuel the bio-industries to the area, as well as create new and innovative business space sites near Downtown Waterloo and the John Deere campus. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. AMENDED AND RESTATED-DEVELOPMENT AGREEMENT By and Among CITY OF WATERLOO, IOWA and CEDAR VALLEY TECH WORKS, INC. and FDP WTC, L.L.C. Dated October , 2013 TABLE OF CONTENTS DEVELOPMENT AGREEMENT ARTICLE I. DEFINITIONS.................... Section l.l. Definitions......................................................................................... ARTICLE II. REPRESENTATIONS AND W Section 2.1. Representations and Warranties of the CA i RANTIES........................................................6 Section 2.2. Representations and Warranties of TechWorks.......................................... Section 2.3. Representations and Warranties of Developer......................................... 7 ARTICLE III. Section 3.1. ConTECHWORKS CAMPUS SITE IMPROVEMENTS....................................... 9 ... struction of TechWorks Campus Improvements............................................................ 11 Section 3.2. Construction Plans ....................... Section 3.3. Commencement and Completion of Construction I 1 2 Section 3.4. Certificate of Completion ................................................................................................. 114-3 ARTICLE IV. CONSTRUCTION OF FDP IMPROVEMENTS BY DEVELOPER............. Section 4.1. Construction of FDP Improvements1344 Section 4.2. Construction Plans......... Section14 4.3. Commencement and Completion of Construction............................................................. 15�2 Section 4.4. Certificate of Completion................................................... ARTICLE V. SECURITY PROVISIONS .. Section 5.1. Execution of TechWorks Escrow Agreement...................................................................163 — Section 5.2. Execution of FDP Escrow Agreement.......................................................................... 16�4 Section 5.3. Execution of Mortgage or Other Collateral........................................................................17 -4 Section 5.4. Release of Collateral;Additions to Same ...................... Section 5.5. Interest in Collateral.............................................................................. ............................. 18-1-6 TICLE VI. CONSTRUCTION OF TECH I BUILDING IMPROVEMENTS ..................18--6 Section 6.1. Construction of Tech I Building Improvements.................................................................1816 Section 6.2. Commencement and Completion of Construction............................................................. 181-6 TICLE VII. FDP GRANT AND TECHWORKS GRANT........ ............................... 19 -6 t Section7.1. FDP Grant..........................................................................................................................19-1-6 Section 7.2. TechWorks Campus Grant.................................................................................................194-7 Section 7.3. Source of FDP Grant and TechWorks Grant Funds Limited.............................................194-7 Section 7.4. Closing; Conditions Precedent to Funding by City............................................................204-7 ARTICLEVIII. COVENANTS ..................................................................................................20 Section 8.1. Covenants of TechWorks...................................................................................................2220 Section 8.2. Covenants of Developer.....................................................................................................24?1- Section 8.3. Execution of Assessment Agreements...............................................................................25222 ARTICLE IX. INDEMNIFICATION......................................................................................2623 Section 9.1. Release and Indemnification Covenants............................................................................2623 ARTICLE X. ASSIGNMENT OR TRANSFER......................................................................2724 Section 10.1. Status of Developer; Transfer of Substantially All Assets...............................................2724 Section 10.2. Status of TechWorks; Transfer of Substantially All Assets.............................................2823 ARTICLE XI. DEFAULT AND REMEDIES .........................................................................2825 Section 11.1. Events of Default Defined................................................................................................2823 Section11.2. Remedies on Default........................................................................................................302 Section 11.3. Remedies on Default by City...........................................................................................3028 Section 11.4. No Remedy Exclusive......................................................................................................312-8 Section11.5. No Implied Waiver...........................................................................................................3128 Section 11.6. Agreement to Pay Attorneys' Fees and Expenses............................................................31-M ARTICLE XII. MISCELLANEOUS .......................................................................................31?S Section12.1. Notices..............................................................................................................................3128 Section12.2. Governing Law.................................................................................................................3229 Section12.3. Entire Agreement.............................................................................................................3230 Section12.4. Severability......................................................................................................................3330 Section 12.5. Performance by City .............. .............3330 ............................................................................. Section 12.6. No Third Party Beneficiaries............................................................................................3330 Section12.7. Interpretation....................................................................................................................3330 i Section 12.8. Amendment; Waiver........................................................................................................3;3 Section 12.9. Successors and Assigns....................................................................................................343-- Section 12.10. Assignment of Benefits..................................................................................................3434- Section12.11. Agreement......................................................................................................................3434 Section12.12. Termination Date...........................................................................................................3434- EXHIBITS Exhibit A-1 - FDP Property Exhibit A-2 - Tech I Building Property Exhibit B-1 - FDP Improvements Exhibit B-2 - Tech I Building Improvements Exhibit B-3 TechWorks Campus Site Improvements Exhibit C - Minimum Assessment Agreement Exhibit D - Additional TIF Properties r AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement ("Agreement") is made as of the day of October, 2013, by and among the CITY OF WATERLOO, IOWA, a municipal corporation with its principal offices located at 715 Mulberry Street, Waterloo, Iowa (the "City"), CEDAR VALLEY TECH WORKS, INC., an Iowa corporation with its principal offices located at 10 West 4th Street, Suite 310, Waterloo, Iowa ("TechWorks") and FDP WTC, L.L.C., an Iowa limited liability company with its principal offices located at 201 North Harrison Street, Suite 402, Davenport, Iowa ("Developer"); collectively referred to as the "Parties"to this Agreement. WITNESSETH: WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, 2011, as amended (the "Urban Renewal Act"), the City is engaged in carrying out urban renewal project activities in an area known as the Downtown Waterloo Urban Renewal and Redevelopment Area("Urban Renewal Area"); and WHEREAS, the Developer and TechWorks each own, or will own, certain property located within the foregoing Urban Renewal Area, as more particularly described in Exhibits A-1 and A-2 attached hereto and made a part hereof, which properties together comprise an area referred to herein as the TechWorks Campus; and WHEREAS, the Developer and TechWorks each are willing to cause certain building improvements to be constructed on their respective properties, as described herein; and WHEREAS, the City anticipates issuing municipal bonds to finance the economic development grants described herein, and Developer and TechWorks have each agreed to pay, or cause to be paid, certain projected real estate taxes by execution of a Minimum Assessment Agreement applicable to their respective properties; and WHEREAS, the Developer anticipates obtaining additional financing for the development of the FDP Improvements and the FDP Property through the use of federal and state historic tax credits and other available debt and equity financing instruments; and WHEREAS, the Parties have heretofore executed and entered into a Development Agreement dated as of January 30, 2012 ("Original Agreement") relating to the foregoing activities, and now desire to amend and restate the Original Agreement and memorialize their current understandings with respect to the foregoing project activities and other 1 matters related to this development; and WHEREAS, the City believes that the development of the TechWorks Campus is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Additional TIF Properties means those properties described on Exhibit D hereto. Affiliate means, with respect to the Developer, any other corporation or limited liability company that at such time directly or indirectly through one or more intermediaries Controls, or is Controlled by, or is under common Control with, the Developer. As used in this definition, "Control" or "Controlled" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such corporation or limited liability company, whether through the ownership of voting securities, by contract or otherwise. Agreement means this Amended and Restated Development Agreement and all Exhibits hereto, as the same may be from time to time modified, amended or supplemented. Assessment Agreement means the Minimum Assessment Agreements entered into by and between the City and each of the Developer and TechWorks pursuant to Section 8.3, substantially in the form of the Agreement contained in Exhibit C attached hereto in the case of the Developer, and in the case of TechWorks, in such form and content as shall be acceptable to City and TechWorks, and in each case hereby made a part of this Agreement. Assessor's Minimum Actual Value means the agreed minimum actual taxable value of(i) the FDP Improvements and the FDP Property in the case of the Developer's Assessment Agreement, and (ii) the Tech I Building and the Tech I Building Property in the case of TechWork's Assessment Agreement for calculation and assessment of ad 2 i ' valorem real property taxes, as set forth in each of the Developer and TechWork's respective Assessment Agreements. City means the City of Waterloo, Iowa. City Bonds (First Issue) mean the general obligation bonds or notes to be issued by the City to fund the TechWorks Campus Grant to Developer, bbelused for to a principal amount of not to exceed $3,500,000, the proceeds of which shal the costs of construction of the TechWorks Campus Site im costs ofissuts ance fort o be efit of y all property owners on the TechWorks Campus and Bonds (First Issue). City Bonds (Second Issue) mean the general obligation hal be limited to a principal onds or notes to be issued by the City to fund the FDP Grant to Developer, which amount of not to exceed $9,250,000, the proceeds of which shall be used for the costs of construction of the FDP Improvements and the costs of issuance of the City Bonds (Second Issue). Code means the Code of Iowa, 2013, as amended. i� Collateral means the security instruments provided to the City by the Developer under Section 5.3 hereof, which may include a Mortgage on the FDP Property, one or more mortgages on other property owned by the Developer, assignment of rights or interests in other property owned by the Developer, guaranty agreements, letters of credit, or other security arrangements or interests, in each case which is acceptable to the City in its sole discretion. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer and TechWorks on the TechWorks Campus, FDP Property and Tech I Building Property, as applicable. In each case, the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes, and shall include at least the following: (i) site plan, (ii) floor plan for each floor, (iii) cross-sections of each floor (length and width), (iv) building elevations (all sides) and (v) adjacent parking improvements and landscaping. County means Black Hawk County, Iowa. Developer means FDP WTC, L.L.C., an Iowa limited liability company, and its successors and assigns. 3 Y Equity In= means the federal historic tax credit investor with respect t ; FDP Improvements, and its successors and assigns. o the Escrow Agreement means the agreement described in Section 5.1 and 5.2 hereof. Event of Default means any of the events described in Section 11.1 of this Agreement. FDP Grant means the economic development City to Developer under the provisions of Article VII hereof, which shall be equal int to be made bynhhe amount to the net proceeds of the City Bonds (Second Issue) remaining after the payment of all normal and customary bond issuance costs are paid. FDP Improves shall mean the hotel and office space improvements to be constructed by the Developer on the FDP Property, together with all related site improvements described in the Construction Plans for the same, described generally in Exhibit B-I hereto. FDP Property means that portion of the TechWorks Campus owned by the Developer and described in Exhibit A-1 hereto upon which the FDP Improvements will be constructed. First Issue Closing Date means [on or before January 31, 2014], or such other date as the parties hereto may agree upon in writing. First Mortgage means one or more Mortgages granted to the Lender to secure loans made pursuant to the Lender Loan Agreement or such other agreements entered into by the Developer for the benefit of bond investors, a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the FDP Improvements as may be consented to by the Lender, which may be recorded prior to the recording of the Assessment Agreement. Full Time Employees means either (i) a permanent "full time" employee who works at least 40 hours per week or 2,080 hours per year or (ii) any combination of" art- time" employees who, in the aggregate, work at least 2,080 hours per year. p Historic Tax Credit Transaction means the making of one or more equity investments by the Equity Investor, or other investor, in "qualified rehabilitation expenditures" (as defined in Section 47(C)(2) of the Internal Revenue Code and the Treasury Regulations issued thereunder) for purposes of obtaining federal and state historic tax credits for the benefit of the Developer and the construction of the FDP Improvements. 4 a Lender means one or more qualified lenders, each of which may make a loan to the Developer, which loans will be repaid from income resulting from the operation of the FDP Property and FDP Improvements. Lender Loan Agreement means one or more loan agreements by and between or among, a Lender and the Developer, pursuant to which the Lender will make one or more loans to the Developer to finance the acquisition of the FDP Property and/or construction of the FDP Improvements. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the FDP Property, or any portion or parcel thereof, or any improvements constructed thereon to a Lender. Original Agreement means the Development Agreement dated as of January 30, 2012 between and among the City, Developer and TechWorks. Second Issue Closing Date means [on or before June 30, 2014], or such other date as the parties hereto may agree upon in writing. State means the State of Iowa. Substantial Completion or Substantially Complete means the date on which the FDP Improvements have been completed in accordance with the Construction Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto. Tax Increment means the tax increment revenues collected by the City under the authority of Section 403.19 of the Code and the City's ordinance implementing the division of taxes under Section 403.19 in respect of (i) the FDP Property and the FDP Improvements constructed thereon by the Developer, (ii) the Tech I Building Property and the Tech I Building Improvements constructed thereon by TechWorks and (iii) the Additional TIF Properties. Tech I Building means the approximately 156,000 square foot building located on the Tech I Building Property being rehabilitated and renovated as part of the Tech I Building Improvements. Tech I Building Improvements means the redevelopment and rehabilitation of the Tech I Building by TechWorks, together with all related site improvements described in the Construction Plans for the same, described generally in Exhibit B-2 hereto. Tech I Building Property means that portion of the TechWorks Campus owned by 5 TechWorks and described in Exhibit A-2 hereto, upon which the Tech I Building Improvements will be constructed. TechWorks means Cedar Valley Tech Works, Inc., an Iowa corporation, and its successors and assigns. TechWorks Campus means that portion of the Urban Renewal Area generally bounded by Westfield Avenue, West Commercial Street arching between the John Deere Advanced Manufacturing Plant and Jefferson Street extended to River Drive. TechWorks Campus Grant means the economic development grant to be made by the City to the Developer under the provisions of Article VII hereof, which shall be equal in amount to the net proceeds of the City Bonds (First Issue) remaining after the payment of all normal and customary bond issuance costs are paid. TechWorks Campus Site Improvements means the [curbing, sidewalk, parking and landscaping improvements] to be constructed by the Developer on the TechWorks Campus under the provisions of Article III hereof, as described in Exhibit B-3 attached hereto and made a part hereof. Termination Date means the date of termination of this Agreement, as established in Section 12.12 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts or failure to act of any federal, State or local governmental unit (other than the City when acting in good faith). Urban Renewal Plan means the Urban Renewal Plan approved in respect of the Downtown Waterloo Urban Renewal and Redevelopment Area, described in the preambles hereof. ARTICLE IL REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. 6 (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. (c) This Agreement and any other documents and instruments to be executed and delivered by the City pursuant to this Agreement, when executed and delivered pursuant hereto, will constitute the duly authorized, valid and legally binding obligations of the City and are enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Section 2.2. Representations and Warranties of TechWorks. TechWorks makes the following representations and warranties: (a) TechWorks is a corporation duly organized and validly existing under the laws of the State of Iowa, and it has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by TechWorks and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of TechWorks enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of TechWorks or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which TechWorks is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting TechWorks in any court or before any arbitrator or before or by any 7 governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of TechWorks or which in any manner raises any questions affecting the validity of the Agreement or TechWorks' ability to perform its obligations under this Agreement. (e) TechWorks will cause the Tech I Building Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all local, State and federal laws and regulations, except for variances necessary to construct the Tech I Building Improvements contemplated in the Construction Plans. (f) TechWorks will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the Tech I Building Improvements may be lawfully constructed. (g) Subject to Section 6.2, TechWorks will spend enough in construction of the Tech I Building Improvements, when combined with the value of the Tech I Building Property and related site improvements, to equal or exceed the Assessor's Minimum Actual Value for the Tech I Building Property and the Tech I Building Improvements, as set forth in Section 8.3 of this Agreement. (h) The financing commitments, which TechWorks will proceed with due diligence to obtain, to finance the construction of the Tech I Building Improvements will be sufficient to enable TechWorks to successfully complete the construction of the Tech I Building Improvements as contemplated in this Agreement. (i) Subject to Section 6.2, TechWorks agrees that the Assessor's Minimum Actual Value of the Tech I Building Property and the Tech I Building Improvements described in Section 8.3 hereof will be a reasonable estimate of the actual value of the same for ad valorem property tax purposes. 0) TechWorks has not received any notice from any local, State or federal official that the activities of TechWorks with respect to the Tech I Building may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). TechWorks is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Tech I Building, and TechWorks is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal 8 Y environmental statute with respect thereto. (k) TechWorks will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction of the Tech I Building Improvements. (1) Subject to Section 6.2, TechWorks will proceed with reasonable diligence and in good faith to substantially complete the construction of the Tech I Building Improvements within four (4) years after the First Issue Closing Date barring Unavoidable Delays or unavailability of funding. (m) TechWorks would not undertake its obligations under this Agreement without the payment by the City of the TechWorks Campus Grant pursuant to this Agreement. (n) TechWorks reasonably expects that the construction of the Tech I Building Improvements will result in the creation of approximately 50 temporary construction jobs and approximately 240 Full Time Employees employed by tenants in the completed facility. Section 2.3. Representations and Warranties of Developer. Developer makes the following representations and warranties: (a) Developer is a limited liability company duly organized and validly existing under the laws of the State of Iowa, is authorized to conduct business in the State of Iowa, and it has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the certificate of organization or operating agreement of Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 9 Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. (e) Developer will cause the TechWorks Campus Site Improvements and the FDP Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances necessary to construct the TechWorks Campus Site Improvements and FDP Improvements contemplated in the Construction Plans. (f) Developer will use its best efforts to obtain, or cause to be obtained in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the TechWorks Campus Site Improvements and FDP Improvements may be lawfully constructed. (g) Developer will spend enough in construction of the FDP Improvements, when combined with the value of the FDP Property and related site improvements, to equal or exceed the Assessor's Minimum Actual Value thereof, as set forth in Section 8.3 of this Agreement. (h) The financing commitments, which Developer will proceed with due diligence to obtain, to finance the construction and rehabilitation of the FDP Improvements will be sufficient to enable Developer to successfully complete the construction of the FDP Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. (i) Developer agrees that the Assessor's Minimum Actual Value of the FDP Improvements is a reasonable estimate of the actual value of the same for ad valorem property tax purposes. 0) Developer has not received any notice from any local, State or federal official that the activities of Developer with respect to the FDP Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware 10 of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the FDP Property, and Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (k) Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the TechWorks Campus Site Improvements and the FDP Improvements. (1) Developer expects that, subject to any Unavoidable Delays, the FDP Improvements will be substantially completed by [June 15, 2014], barring Unavoidable Delays. (m) Developer would not undertake its obligations under this Agreement without the payment by the City of the FDP Grant, being made to Developer pursuant to this Agreement. (n) Developer reasonably expects that the construction of the FDP Improvements will result in the creation of approximately 50 temporary construction jobs and approximately 210 Full Time Employees of the hotel and restaurant facilities and of tenants in the office space portion of the facility. ARTICLE III. TECHWORKS CAMPUS SITE IMPROVEMENTS. Section 3.1. Construction of TechWorks Campus Site Improvements. The Developer, either directly or acting through the Developer Affiliate, agrees that it will cause the TechWorks Campus Site Improvements to be constructed on the TechWorks Campus in conformance with the Construction Plans submitted to the City. The Developer agrees that the scope and scale of the TechWorks Campus Site Improvements to be constructed shall not be significantly less than the scope and scale of the TechWorks Campus Site Improvements as detailed and outlined in the Construction Plans. The Developer reasonably expects that the construction of the TechWorks Campus Site Improvements will require a total investment of not less than Six Million Dollars ($6,000,000.00). Section 3.2. Construction Plans. The Developer shall cause Construction Plans to be provided for the TechWorks Campus Site Improvements, which shall be subject to approval by the City as provided in this Section 4.2. The City shall approve the 11 L Construction Plans in writing if. (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (c) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the TechWorks Campus Site Improvements and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Construction Plans must be rejected in writing by the City within thirty (30) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved by the City prior to commencement of construction of the TechWorks Campus Site Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the TechWorks Campus Site Improvements as constructed. Section 3.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall cause the TechWorks Campus Site Improvements to be Substantially Complete no later than December 31, 2014 or by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the ! 12 r TechWorks Campus Site Improvements to be constructed or provided by the Developer shall be in conformity with the Construction Plans. Until the TechWorks Campus Site Improvements are Substantially Complete, the Developer shall make such reports to the City, in such details and at such times as may be reasonably requested by the City, as to the actual progress of the Developer with respect to the construction of the TechWorks Campus Site Improvements. Section 3.4. Certificate of Completion. Upon written request of the Developer after Substantial Completion of the TechWorks Campus Site Improvements, the City will promptly furnish the Developer with a Certificate of Completion in recordable form. Such Certificate of Completion shall be conclusive determination of satisfactory termination of the covenants and conditions of this. Agreement with respect to the { obligations of the Developer to construct the TechWorks Campus Site Improvements. 1 The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instrumentspertaining to the TechWorks Campus at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of a Completion in accordance with the provisions of this Section, the City shall, within twenty (20) days after written request, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the TechWorks Campus Site Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts it will be necessary, in the reasonable opinion of the City, for the Developer to take orperform in order to obtain such Certificate of Completion; provided, however, if the Developer has constructed the TechWorks Campus Site Improvements in accordance with the Construction Plans as approved by the City, the City shall not require the Developer to take or perform any additional actions relating thereto to obtain such Certificate of Completion. ARTICLE IV. CONSTRUCTION OF FDP IMPROVEMENTS BY DEVELOPER Section 4.1. Construction of FDP Improvements. (a) The Developer, either directly or acting through the Developer Affiliate, agrees that it will cause the FDP Improvements to be constructed on the FDP Property in conformance with the Construction Plans submitted to the City. The Developer agrees that the scope and scale of the FDP Improvements to be constructed shall not be significantly less than the scope and scale of the FDP Improvements as detailed and outlined in the Construction Plans. The Developer reasonably expects that the construction of the FDP Improvements will require a total investment of not less than Forty Million Dollars ($40,000,000). (b) For purposes of constructing the FDP Improvements, the City hereby agrees 13 that Developer, or its Affiliate, may form one or more Affiliates for the purpose of consummating a Historic Tax Credit Transaction in connection with the construction of the FDP Improvements. In furtherance of such transaction, the Developer may transfer or lease the FDP Property to such Affiliate in the form of a master lease, as customarily used in Historic Tax Credit Transactions (the "Master Lease"), so long as the terms of any such transfer of the FDP Property are consented to in writing by the City, which consent shall not be unreasonably withheld, conditioned or delayed. The Developer shall remain fully responsible for all of its obligations under this Agreement, notwithstanding any transfer of the FDP Property to an Affiliate and the assumption of any of the Developer's obligations hereunder. Section 4.2. Construction Plans. The Developer shall cause Construction Plans to be provided for the FDP Improvements, which shall be subject to approval by the City as provided in this Section 4.2. The City shall approve the Construction Plans in writing if. (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans conform to the terms and conditions of the Urban Renewal Plan; (c) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Construction Plans are adequate for purposes of this Agreement to provide for the construction of the FDP Improvements and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Construction Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Construction Plans must be rejected in writing by the City within thirty (30) days of submission or shall be deemed to have been approved by the City. If the City rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City; provided, however, that in any event the Developer shall submit Construction Plans which are approved by the City prior to commencement of construction of the FDP Improvements. Approval of the Construction Plans by the City shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable i i 14 f i i federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes of this Agreement, and shall not constitute approval for any other City purpose nor subject the City to any liability for the FDP Improvements as constructed. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall cause the FDP Improvements to be Substantially Complete no later than [June 15, 2015] or by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. However, an extension of the completion date for the FDP Improvements shall not affect the Assessor's Minimum Actual Value thereof. All work with respect to the FDP Improvements to be constructed or provided by the Developer shall be in conformity with the Construction Plans. Until the FDP Improvements are Substantially Complete, the Developer shall make such reports to the City, in such details and at such times as may be reasonably requested by the City, as to the actual progress of the Developer with respect to the construction of the FDP Improvements. Section 4.4. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the FDP Improvements, the City will promptly furnish the Developer with a Certificate of Completion in recordable form. Such Certificate of Completion shall be conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the I Developer to construct the FDP Improvements. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the FDP Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section, the City shall, within twenty (20) days after written request, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the FDP Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts it will be necessary, in the reasonable opinion of the City, for the Developer to take or perform in order to obtain such Certificate of Completion; provided, however, if the Developer has constructed the FDP Improvements in accordance with the Construction Plans as approved by the City, the City shall not require the Developer to take or perform any additional actions relating thereto to obtain such Certificate of Completion. 15 a I ARTICLE V. SECURITY PROVISIONS Section 5.1. Execution of TechWorks Campus Escrow Agreement. On or before the First Issue Closing Date, (i) the Developer shall provide evidence, satisfactory to the City in its sole discretion, that Developer has all necessary access rights, construction easements and/or ownership of the properties upon which the TechWorks Campus Site Improvements are to be constructed, and (ii) the Developer, TechWorks, the City, an agreed upon escrow agent (the "Escrow Agent"), and such other parties as they consider appropriate, shall execute and enter into an Escrow Agreement (which shall be in form satisfactory to all parties relating thereto, including the City, in its sole discretion), relating to the deposit of the proceeds of the TechWorks Campus Grant. Subsequent to the time all or a portion of the TechWorks Campus Grant is placed in escrow, Developer may draw upon the TechWorks Campus Grant proceeds in order to be reimbursed for costs and expenses incurred according to the Construction Plans and other related development costs associated with the TechWorks Campus Site Improvements. Developer shall be required to provide the Escrow Agent with satisfactory evidence of such expenses according to the terms of the Escrow Agreement in order for the Escrow Agent to release the requested portion of the TechWorks Campus Grant proceeds to the Developer. In the event that all or any portion of the TechWorks Campus is included in a "reinvestment district" under Chapter 15J of the Code during the term of this Agreement, the City may apply any or all resulting incremental sales and hotel-motel tax revenue authorized to be collected in respect of properties or from businesses located within such reinvestment district, other than the revenues generated from the FDP Improvements, for the payment of debt service on the City Bonds (First Issue), and Developer shall have no rights to the proceeds of the same. The use of such incremental sales and hotel-motel tax revenues generated from the FDP Improvements shall not be governed by this Agreement. Section 5.2. Execution of FDP Escrow Agreement. To the extent agreed upon by the Lender and Developer, on or before the Second Issue Closing Date, the Developer, the City, an agreed upon Escrow Agent, and such other parties as they consider appropriate, shall execute and enter into an Escrow Agreement (which shall be in form satisfactory to all parties relating thereto, including the City, in its sole discretion), relating to the deposit of the proceeds of the FDP Grant and such other proceeds of the construction financing obtained by the Developer, if applicable, which may include the funds obtained through the Historic Tax Credit Transaction and any private activity bonds issued on behalf of the Developer to construct the FDP Improvements in accordance with the Construction Plans. i 16 Subsequent to the time all or a portion of the FDP Grant is placed in escrow, the Developer may draw upon the FDP Grant proceeds in order to be reimbursed for costs and expenses incurred according to the Construction Plans and other related development costs associated with the FDP Improvements and FDP Property. The Developer shall be required to provide the Escrow Agent with satisfactory evidence of such expenses according to the terms of the Escrow Agreement in order for the Escrow Agent to release the requested portion of the FDP Grant proceeds to the Developer. Section 5.3. Execution of Mortgage or Other Collateral. (a) To the extent, and in the form, permitted by the Lender, in its sole and absolute discretion, on or before the Second Issue Closing Date, the Developer shall execute and deliver a Mortgage in favor of the City, or shall execute and deliver such other Collateral as may be acceptable to the City, in its sole discretion, and which is agreed upon by the Lender, City and Developer or its Affiliate, as applicable. The Collateral is intended to secure the Developer's obligation to make supplementary payments to the City under Section 3 of the j Assessment Agreement and any secured interest held by the City shall be reduced and terminate in accordance with Section 5.4 below. In exchange for the Developer providing the Collateral, as described under this Article V, the City shall execute and/or provide: (i) to the Developer or Lender a standstill agreement relating to the Mortgage in favor of the First Mortgage Lender, and (ii) any applicable Lender or Equity Investor with a Subordination, Non-Disturbance, and Attornment Agreement (the "SNDA"), customarily used in Historic Tax Credit Transactions, for the benefit of the Developer, any applicable Lender, and the Equity Investor. (b) On the Second Issue Closing Date, the fair market value of the Collateral shall be not less than $3,450,000, or such other amount as City may reasonably determine to be necessary to secure the Developer's obligation to make supplementary payments to the City under Section 3 of the Assessment Agreement. In determining fair market value of any Collateral, the City may rely on appraisals or such other indications of market value as it determines to be acceptable, in its reasonable discretion. Developer shall pay all reasonable costs associated with establishing the fair market value of any Collateral under this Section and under Section 5.4, including all appraisal costs, and shall hold the City harmless therefrom. Section 5.4. Release of Collateral; Additions to Same. The City and Developer intend, and the Developer covenants and agrees, that the fair market value of the Collateral shall at all times be equal to, or in excess of, the amount determined by the City to be necessary to fully pay all debt service on the City Bonds (Second Issue) that is not expected to be paid by the Tax Increment collected by the City (a) under the Assessment Agreement with the Developer, and (b) as otherwise described in this Section. For this purpose, the City shall annually calculate, on or before June 30 of each year, the amount of the Tax Increment available to pay debt service on the City Bonds 17 (Second Issue) during the following fiscal year, which shall include (i) 100% of the Tax Increments to be collected with respect to the FDP Property and (ii) 50% of any Tax Increment to be collected in respect of other new construction valuation growth of any and all of the other Additional TIF Properties during that fiscal year, and not otherwise obligated to be used for payment or reimbursement of any incentives paid or costs incurred by the City with respect to the development of such Additional TIF Properties. The City shall release a portion of the Collateral by June 30 of any year if it determines that the committed Tax Increment from properties subject to a minimum assessment agreement that are described in (i) and (ii) above is sufficient to pay an increased amount of the debt service on the City Bonds (Second Issue) in the next fiscal year and in future fiscal years. At any time the City may request that Developer deliver additional Collateral to the City, in form satisfactory to the City in its sole discretion, if the City determines that the above-described Tax Increment is not sufficient, for whatever reason, to meet the requirements of this Section. In such event, Developer shall deliver the additional Collateral to the City within ten (10) business days of the City's request for the same. All determinations to be made by the City under this Section shall be in writing and be executed by the Mayor, shall be based on such information and documents as the City considers appropriate, and shall be made by the City in the City's reasonable discretion. Following the payment in full of the City Bonds (First Issue), the City agrees to negotiate in good faith with the Developer concerning the future use of Tax Increment collected in respect of other properties located within the Urban Renewal Area. Section 5.5. Interest in Collateral. On or before the Second Issue Closing Date, the City and Developer understand that it may be requested to amend, modify this Agreement and/or replace or reduce any Collateral or increase the amount of Collateral to be delivered, or cause to be delivered, to the City, as the same may be agreed upon by any applicable Lender, City and Developer. ° ° ARTICLE VI. CONSTRUCTION OF TECH I BUILDING IMPROVEMENTS Section 6.1. Construction of Tech I Building Improvements. TechWorks agrees that it will cause the Tech I Building Improvements to be constructed on the Tech I Building Property in conformance with the Construction Plans submitted to the City. TechWorks agrees that the scope and scale of the Tech I Building Improvements to be constructed shall not be significantly less than the scope and scale of the Tech I Building Improvements as detailed and outlined in the Construction Plans. Section 6.2. Commencement and Completion of Construction. Subject to Unavoidable Delays, TechWorks shall use reasonable efforts to cause construction of the 18 the Tech I Building Improvements to be undertaken immediately following the First Issue Closing Date and completed as soon as possible according to the Construction Plans, or by such other date as the City and TechWorks shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend any completion date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Tech I Building Improvements to be constructed or provided by TechWorks shall be in conformity with the Construction Plans for the Tech I Building Improvements. Until Substantial Completion of the Tech I Building Improvements, TechWorks will provide reports to the City, in such details and at such times as may be reasonably requested by the City, as to the actual progress of TechWorks with respect to the construction of the Tech I Building Improvements. ARTICLE VII. FDP GRANT AND TECHW®RKS GRANT Section 7.1. FDP Grant. For and in consideration of the obligations being assumed by the Developer as set forth herein, and as a necessary means of achieving the goals and objectives of the Urban Renewal Plan, the City agrees (subject to the conditions set forth in this Article) to make the FDP Grant to Developer. The FDP Grant shall be disbursed to the Escrow Agent (as defined in Section 5.2 above), for the benefit of the Developer, in one or more installments commencing on the Second Issue Closing Date, subject to the provision of Section 7.4 hereof. Proceeds of the FDP Grant shall be used by Developer solely and only for the purposes of paying costs of constructing the FDP Improvements, and shall be drawn upon by the Developer according to Section 5.2 herein. Section 7.2. TechWorks Campus Grant. For and in consideration of the obligations being assumed by TechWorks and Developer as set forth herein, and as a necessary means of achieving the goals and objectives of the Urban Renewal Plan, the City agrees (subject to the conditions set forth in this Article) to make the TechWorks Campus Grant to Developer. The TechWorks Campus Grant shall be disbursed to the Escrow Agent (as defined in Section 5.1 above), for the benefit of the Developer, in one or more installments commencing on the First Issue Closing Date, subject to the. provision of Section 7.4 hereof. Proceeds of the TechWorks Campus Grant shall be used by Developer solely and only for the purposes of paying costs of the TechWorks Campus Site improvements, and shall be drawn upon by Developer according to Section 5.1 herein. TechWorks shall have no responsibilities under the TechWorks Campus Grant. Section 7.3. Source of FDP Grant and TechWorks Campus Grant Funds Limited. The TechWorks Campus Grant and the FDP Grant shall be payable solely and only from the proceeds of the City Bonds (First Issue) and City Bonds (Second Issue), respectively, 19 and shall not be payable in any manner by general taxation or from any other City funds. The parties further acknowledge and agree that the City Bonds (First Issue) and City Bonds (Second Issue) shall be sold at such times, on such terms and conditions, bear such interest rates, mature at such times and in such amounts as the City, in its sole discretion, shall determine to be acceptable to it. The City's obligation to issue the City Bonds (First Issue) and City Bonds (Second issue) and make the TechWorks Campus Grant and FDP Grant as described in this Article shall be subject in all respects to Unavoidable Delays, the provisions of this Article, and to the satisfaction of all conditions and procedures required (in the judgment of bond counsel for the City), by Chapters 384 and 403 of the Code with respect to the issuance of the City Bonds (First Issue) and City Bonds (Second Issue), including the holding of all required public hearings relating to the same. Section 7.4. Closing; Conditions Precedent to Funding by City. (a) The complete or initial funding by the City of the TechWorks Campus Grant and the FDP Grant on the First Issue Closing Date and Second Issue Closing Date, respectively, shall be deemed an agreement of the parties that the applicable conditions of closing shall have been satisfied or waived. If the conditions set forth in this Section are not satisfied at the First Issue Closing Date or the Second Issue Closing Date, as applicable, this Agreement shall terminate unless a new First Issue Closing Date or Second Issue Closing Date, as applicable, is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City, TechWorks or Developer if, for whatever reason, a condition set forth in this Section is not satisfied at the First Issue Closing Date or Second Issue Closing Date, as applicable, it being understood that each party shall nonetheless incur costs and liabilities prior to the First Issue Closing Date or Second Issue Closing Date for which they alone are responsible. The City, TechWorks and Developer each expressly assume all responsibility for the costs and liabilities they may each so incur prior to the First Issue Closing Date and Second Issue Closing Date, respectively, and agree to indemnify and hold each other harmless therefrom. (b) It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including the payment of the TechWorks Campus Grant and FDP Grant, is subject to completion and satisfaction of certain separate City Council actions and required legal proceedings relating to the issuance of the City Bonds (First Issue) and City Bonds (Second Issue), including the holding of a public hearing on the same, and the approval of the Collateral and Escrow Agreement. Specifically, the closing of the transactions contemplated by this Agreement and all the obligations of City, TechWorks and Developer, as applicable, under this Agreement are subject to fulfillment, on or before the First Issue Closing Date and Second Issue Closing Date, respectively, of each of the following conditions precedent: 20 (i) The representations and warranties made by TechWorks in Section 2.2 and by the Developer in Section 2.3 shall be true and correct as of the First Issue Closing Date with the same force and effect as if made at such date. The representations and warranties made by Developer in Section 2.3 shall be true and correct as of the Second Issue Closing Date with the same force and effect as if made at such time. (ii) The City shall have approved all applicable zoning, subdivision, or platting of the Techworks Property necessary for immediate development and construction of the Tech I Building Improvements, and shall have amended the Urban Renewal Plan to include the project activities described in this Agreement, by the First Issue Closing Date. The City shall have approved all applicable zoning, subdivision, or platting of the FDP Property necessary for immediate development and construction of the FDP Improvements by the Second Issue Closing Date. (iii) Developer and TechWorks shall be in material compliance with all the terms and provisions of this Agreement as of the First Issue Closing Date. The Developer shall be in material compliance with all the terms and provisions of this Agreement as of the Second Issue Closing Date. (iv) The City shall have completed the sale of all or a portion of the authorized City Bonds (First Issue) and City Bonds (Second Issue), as applicable, on such terms and conditions as it shall deem necessary or desirable in its sole discretion. (v) The City Council shall have approved the Construction Plans for the TechWorks Campus Site Improvements by the First Issue Closing Date. The City Council shall have approved the Construction Plans for the FDP Improvements by the Second Issue Closing Date. (vi) The Developer shall have furnished the City with evidence, in a form satisfactory to the City, that Developer has firm contractual commitments, including guaranteed maximum prices for all components thereof, for construction of the TechWorks Campus Site Improvements and the FDP Improvements in conformance with the Construction Plans by the First Issue Closing Date and the Second Issue Closing Date, respectively. (vii) The Developer shall have provided the City with evidence, in a form satisfactory to the City in its sole discretion, that Developer has firm contractual commitments from Lenders and investors for funds that are sufficient, without further reinvestment or the deposit of additional proceeds, to complete the 21 construction of the TechWorks Campus Site Improvements and the FDP Improvements in accordance with the Construction Plans, including reasonable contingencies for change orders and other customary matters. (viii) Execution and recording of the Developer Assessment Agreement between the City and the Developer pursuant to Section 8.3 of this Agreement shall have occurred by the Second Issue Closing Date. (ix) The City Council shall have approved the Collateral to be delivered to the City under Section 5.3 hereof, and the form, execution and delivery of the Escrow Agreement by the Second Issue Closing Date. (x) Execution and delivery to the City of the Mortgage or other Collateral required under Section 5.3 of this Agreement by the Second Issue Closing Date; (xi) Execution by TechWorks, Developer, City and all other parties of the Escrow Agreement required under Section 5.1 of this Agreement on or before the First Issue Closing Date. Execution by the Developer, City and all other parties of the Escrow Agreement required under Section 5.2 of this Agreement shall be required on or before the Second Issue Closing Date. (xii) Receipt by the City of legal opinions rendered on behalf of the Developer related to the authority and enforceability of this Agreement and any and all other agreements entered into between the City and the Developer, in the form reasonably requested by the City on or before the First Issue Closing Date and Second Issue Closing Date. (xiii) There has not been a substantial change for the worse in the financial resources and ability of the Developer, or a substantial decrease in the financing commitments secured by the Developer for construction of the FDP Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that the Developer will be unable to fulfill its covenants and obligations under this Agreement. ARTICLE VIII. COVENANTS Section 8.1. Covenants of TechWorks. TechWorks agrees with the City as follows: 22 (a) TechWorks will maintain, preserve and keep its properties (whether owned in fee or a leasehold interest), including but not limited to the Tech I Building, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. (b) In carrying out the construction and operation of the Tech I Building Improvements, TechWorks shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, religion, marital status, familial status, or physical disability. TechWorks shall ensure that applicants for employment are considered, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, age, religion, marital status, familial status, or physical disability. (c) TechWorks shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Tech I Building Property. TechWorks agrees that (i) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained on the Tech I Building Property determined by any tax official to be applicable to the Tech I Building Property, or TechWorks or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings and (ii) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other State law, of the taxation of real property contained on the Tech I Building Property, except on such terms as shall be acceptable to City in connection with any phase or segment of the Tech I Building Improvements for the benefit of a tenant or occupant other than Tech Works. (d) TechWorks will comply with all applicable land development laws and City ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of TechWorks. (e) TechWorks agrees during construction of the Tech I Building Improvements and thereafter until the Termination Date to maintain builder's risk, property damage, and liability insurance coverages with respect to the Tech I Building in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure with insurance companies reasonably satisfactory to the City, together with such additional coverages as the City may reasonably request, and shall provide evidence of such coverages to the City upon request. 23 (f) On or before the First Issue Closing Date, and no less than quarterly thereafter, TechWorks shall report to the City the status of its efforts to secure firm commitments for construction and permanent financing for the Tech I Building Improvements in an amount sufficient, together with all funding commitments, to complete the Tech I Building Improvements in conformance with the applicable Construction Plans. When such commitments have been secured to the reasonable satisfaction of TechWorks and the City, TechWorks shall undertake construction of the Tech I Building Improvements as provided in Article VI. Before undertaking such .Improvements or any phase of Improvements for a limited portion of the Tech I Building, TechWorks shall execute one or more Assessment Agreements in the form and content acceptable to City to fix the Assessor's Minimum Actual Value for the Tech I Building Improvements and the Tech I Building Property, or any portion of such Improvements or Property if developed in phases. Section 8.2. Covenants of Developer. The Developer agrees with the City as follows: (a) The Developer will maintain, preserve and keep the FDP Property (whether owned in fee or a leasehold interest), including but not limited to the FDP Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. (b) In carrying out the construction and operation of the FDP Improvements, the Developer shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, religion, marital status, familial status, or physical disability. The Developer shall ensure that applicants for employment are considered, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, age, religion, marital status, familial status, or physical disability. (c) The Developer shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the FDP Property. The Developer agrees that (i) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of 4 property contained on the FDP Property determined by any tax official to be applicable to the FDP Property, or the Developer, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings and (ii) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other State law, of the taxation of real property contained on the FDP Property. 1 24 i 1 i (d) The Developer will comply with all applicable land development laws and City and County ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. (e) The Developer agrees during construction of the FDP Improvements and thereafter until the Termination Date to maintain builder's risk, property damage, and liability insurance coverages with respect to the FDP Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure with insurance companies reasonably satisfactory to the City, together with such additional coverages as the City may reasonably request, and shall provide evidence of such coverages to the City upon request. (f) To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall determine and certify to the City, on an annual basis, the number of Full Time Employees employed at the FDP Improvements as of the date of the certification and as the first day of each of the preceding eleven (11) months. The first such certification shall be provided within 10 days of November 1, 2014, with subsequent certifications being provided within 10 days of November 1 of each year until November 1, 2034 or such earlier date in which no City Bonds (Second Issue) are outstanding. Developer shall collect the information required from tenants of the FDP Improvements to verify the employment information provided by Developer in the annual certifications; provided, however, that employee names and other personal information need not be provided. Section 8.3. Execution of Assessment Agreements. (a) The Developer and TechWorks (and the holders of any applicable First Mortgages, including the Lender) each shall agree to, and with the City shall execute, an Assessment Agreement pursuant to the provisions of Section 403.6(19) of the Code of Iowa specifying the Assessor's Minimum Actual Value of the FDP Property and the Tech I Building Property, respectively, and the improvements located thereon for calculation of real property taxes. (b) The Developer (and the holders of any First Mortgages or lienholders, including the Lender) shall agree to a minimum actual value for the FDP Improvements and the FDP Property which will result in an assessment as of January 1, 2015 of not less than Fifteen Million Five Hundred Thousand Dollars ($15,500,000) for the completed improvements (such minimum actual value at the time applicable is herein referred to as the "Assessor's Minimum Actual Value"). (c) TechWorks shall enter into an Assessment Agreement prior to commencing any construction of the Tech I Building Improvements, or any separate phase of 25 Improvements for a limited portion of the Tech I Building, fixing the Assessor's Minimum Actual Value for the completed improvements as of January 1 of the year following substantial completion of the Tech I Building Improvements, or such phase of Improvements as are the subject of the Assessment Agreement. (d) Nothing in the Assessment Agreements shall limit the discretion of the Assessor to assign an actual value to the property in excess of the applicable Assessor's Minimum Actual Value nor prohibit the Developer or TechWorks, as applicable, from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that the Developer or TechWorks, as applicable, shall not seek a reduction of such actual value below the applicable Assessor's Minimum Actual Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreements shall remain in effect until the Termination Date set forth in Section 12.12 hereof. The Assessment Agreements shall be certified by the County Assessor as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the County Recorder of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the applicable property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any First Mortgage or lienholder. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer and TechWorks each releases the City and the governing body members, officers, agents, servants and employees thereof(hereinafter, for purposes of this Article, the "indemnified parties") from, covenant and agree that the indemnified parties shall not be liable for, and agree to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the FDP Improvements or the Tech I Building Improvements, as applicable. (b) Except for any willful misrepresentation, any willful or wanton misconduct, or any unlawful act of the indemnified parties, the Developer and TechWorks each agree to protect and defend the indemnified parties, now or forever, and further agree to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer or TechWorks against the City to enforce its rights under this Agreement), or (ii) the 26 acquisition and condition of the FDP Property or the Tech I Building Property, as applicable, and the construction, installation, ownership, and operation of the FDP Improvements and Tech I Building Improvements or (iii) any hazardous substance or environmental contamination located in or on the FDP Property or the Tech I Building Property, as applicable, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer and TechWorks or their officers, agents, servants or employees or any other person who may be about the FDP Improvements or the Tech I Building Improvements, respectively, due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) The enforcement of the indemnification provisions under this Article IX, and elsewhere in this Agreement, shall only be enforced individually against the Developer or TechWorks depending on the party responsible for the occurrence resulting in the need for such indemnification. The City agrees that if such occurrence resulted on or as a result of the FDP Property and FDP Improvements, such indemnification may be sought only from the Developer. The City agrees that if such occurrence resulted on or as a result of the Tech I Building Property or the Tech I Building Improvements, such indemnification may be sought only from TechWorks. It shall be the City's responsibility to show cause consistent with this Section 9.1(d) to request such indemnification from either the Developer or Techworks. (e) The provisions of this Article shall survive the termination of this Agreement. ARTICLE X. ASSIGNMENT OR TRANSFER Section 10.1. Status of Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, to the extent expressly permitted by the Lender, the Developer represents and agrees that prior to the Termination Date, the Developer will not transfer the FDP Property or the FDP Improvements or wind up or dispose of all or substantially all of its assets or assign its interest in this Agreement to any other party; provided that the Developer may sell or otherwise transfer the FDP Improvements to a partnership, corporation or limited liability company organized under the laws of one of the United States, or an individual, or dispose of all or substantially all of its assets as an entirety or assign its interest in this Agreement to any other party and thereafter wind up and be discharged from liability hereunder if(i) the Lender, or assignee thereof, or the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the 27 Developer or its Affiliate under this Agreement and the Assessment Agreement; and (ii) the City receives such new security from the successor developer to assure the completion of construction and the continued operation of the FDP Improvements during the term of this Agreement as the City deems necessary or desirable and receives such evidence as the City shall reasonably require, including an opinion of counsel, that the existing guarantees and security provided pursuant to this Agreement will remain in effect and will be enforceable against the existing Developer upon a default by the successor developer with respect to completion or operation of the FDP Improvements. Notwithstanding the provisions of clauses (i) or (ii) to the contrary, if the Lender is the successor developer, the Lender shall not be required to provide any additional security to the City. Notwithstanding this Section 10.1 to the contrary, the City affirmatively acknowledges that leasing the FDP Property and FDP Improvements by the Developer according to the terms of a Master Lease used in accordance to customary Historic Tax Credit Transactions shall not be considered an assignment or transfer of substantially all assets as such term is used in this Section 10.1. Section 10.2. Status of TechWorks; Transfer of Substantially All Assets. As security for the obligations of TechWorks under this Agreement, TechWorks represents and agrees that prior to the Termination Date, TechWorks will not transfer the Tech I Building or wind up or dispose of all or substantially all of its assets or assign its interest in this Agreement to any other party; provided that TechWorks may sell or otherwise transfer the Tech I Building to a partnership, corporation or limited liability company organized under the laws of one of the United States, or an individual, or assign its interest in this Agreement to any 'other party and thereafter wind up and be discharged from liability hereunder if (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of TechWorks under this Agreement and the Assessment Agreement; and (ii) the City receive such new security from the successor developer to assure the completion of construction and the continued operation of the Tech I Building Improvements during the term of this Agreement as the City deem reasonably necessary or desirable. ARTICLE XI. DEFAULT AND REMEDIES Section 11.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events continuing beyond any applicable cure periods: (a) Failure by the Developer or TechWorks to cause the construction of the TechWorks Campus Site Improvements, FDP Improvements or Tech I Building Improvements, respectively, to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 28 (b) Transfer by the Developer or TechWorks of any interest (either directly or indirectly) in the FDP Improvements or the Tech I Building, respectively, or in this Agreement or any other assignment in violation of the provisions of Article X of this Agreement; (c) Failure by the Developer or TechWorks to timely pay (before delinquency) all ad valorem property taxes levied on the FDP Property or Tech I Building, respectively; (d) Failure by the City, Developer or TechWorks to substantially observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement or the Assessment Agreement; (e) The Developer: (A) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) makes an assignment for the benefit of its creditors; or (C) admits in writing its inability to pay its debts generally as they become due; or (D) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or part thereof, shall be appointed in any proceedings brought against the Developer and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) Any representation or warranty made by the Developer or TechWorks in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 29 P 1 (g) The City acknowledges and affirms that the Events of Default listed in this Article 11, and elsewhere in this Agreement, shall only be applied against the defaulting party. An Event of Default by TechWorks will not result in an Event of Default by the Developer under this Agreement, and any remedies sought by the City due to such Event of Default by TechWorks shall solely be sought from TechWorks and not the Developer. An Event of Default by the Developer will not result in an Event of Default by TechWorks under this Agreement, and any remedies sought by the City due to such Event of Default by the Developer shall solely be sought from the Developer and not TechWorks. Section 11.2. Remedies on Default. Whenever any Event of Default referred to in Section 11.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions against the defaulting parry, and only the defaulting party, after giving of thirty (30) days' written notice by the City to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the defaulting party does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the defaulting party, deemed adequate by the City, that the defaulting party will cure its default and continue its performance under this Agreement; (b) Subject to the SNDA, if the Event of Default is attributable to the Developer, the City shall be entitled to recover, and Developer shall pay to the City, an amount equal to the amount remaining to be paid on the principal and interest on the outstanding City Bonds (Second Issue), and the City may take any action, including any legal action, it considers necessary or desirable to recover such amount from Developer; or (c) Subject to the SNDA, the City may take any other action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party, as the case may be, under this Agreement; provided, however, the City shall not be permitted to exercise any remedy that would adversely impact the Historic Tax Credit Transaction. The Lender shall have the right, but not the obligation, to cure any default by the Developer during the period described above. 30 Section 11.3. Remedies on Default by City. Whenever any Event of Default referred to in Section 11.1(d) of this Agreement occurs and is continuing by the City, the Developer or TechWorks may take or cause to be taken, such action against the City to require it to specifically perform its obligations set forth herein. Section 11.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to any party herein is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 11.5. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 11.6. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. In the event any suit, action or proceeding is brought by any party to establish, obtain or enforce any rights under this Agreement or for the breach of any warranty, representation, covenant, term or condition hereof, the prevailing party in such suit, action or proceeding, including an appeal to an appellate court arising therefrom, shall be entitled to recover reasonable attorneys' fees in addition to costs. For purposes of this paragraph prevailing party shall mean the party in whose favor any final, non-appealable judgment is entered. i ARTICLE XII. MISCELLANEOUS Notices. An notice demand or other communication under this Section 12.1. N y , Agreementreement by either party the other shall be effective upon receipt or refusal of receipt to the following addresses: i (a) in the case of Developer, is addressed or delivered personally to Developer at: 31 FDP WTC, L.L.C. 201 North Harrison Street, Suite 402 Davenport, Iowa 52801 Attention: Rodney A. Blackwell (b) in the case of TechWorks, is addressed or delivered personally to TechWorks at: Cedar Valley Tech Works, Inc. 10 West 4th Street, Suite 300 Waterloo, Iowa 50701 Attention: President (c) in the case of the City, is addressed to or delivered personally to the City at: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attn: City Clerk Any party may change the address for notices to be delivered to it, and copies thereof to any address other than a post office box by serving not less than ten (10) days prior written notice to the other party in accordance with the provisions contained in this paragraph. Section 12.2. Governing Law. The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Iowa applicable to contracts wholly to be performed therein. The parties agree that any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating hereto shall be brought solely in the state or federal courts located in Black Hawk County, Iowa. The parties irrevocably waive objection to the venue of the above- mentioned courts, including any claim that such action, suit or proceeding has been brought in an inconvenient forum. Section 12.3. Entire Agreement. This Agreement and exhibits attached constitute the entire agreement of the parties and supersedes and replaces the Original Agreement and all other prior offers, agreements, arrangements and contracts, whether oral or 32 written, concerning the subject matter hereof. The Original Agreement is hereby terminated and no longer binding upon the Parties. Section 12.4. Severability. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby and the parties shall thereupon amend this Agreement to legally and most closely embody the spirit and intent of the invalid provisions. Section 12.5. Performance by City. (a) Developer and TechWorks each acknowledge and agree that all of the obligations of the City under this Agreement shall be subject to, and performed by the City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with the City's lawful authority. (b) All covenants, stipulations, promises, agreements and obligations of the City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Section 12.6. No Third Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any landowner, contractor, subcontractor, material I supplier, or any other person or entity and no such contractor, landowner, subcontractor, material supplier, or any other person or entity shall be deemed to be a third-party beneficiary of any of the provisions contained in this Agreement. Section 12.7. Interpretation. Section headings are for convenience of reference only and are in no way intended to interpret, define or limit the scope or content of this Agreement or any provision hereof and shall be given no legal effect in the interpretation of this Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by i counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. Section 12.8. Amendment; Waiver. This Agreement may not be amended, j waived or modified in any respect unless the same shall be in writing and signed by all parties. No waiver by a party of any default by another party shall constitute a waiver of any other breach or default by another party, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give another party any contractual right by custom, estoppel, or otherwise. 33 i Section 12.9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the City, Developer and TechWorks and their affiliates, and their respective successors and assigns, including any and all covenants and conditions contained in this Agreement. Section 12.10. Assignment of Benefits. The Developer may, to the extent not otherwise prohibited by law, assign the payments and benefits under this Agreement to an investor or lender previously approved by the City, said approval not to be unreasonably withheld; provided, however, that the City hereby approves the collateral assignment of this Agreement by the Developer to the Lender. It is anticipated by the parties that Developer will assign its rights to payments and benefits hereunder to the lender financing the development of the FDP Improvements. Notwithstanding the foregoing, the Developer may transfer the payments and benefits under this Agreement, under the constraints of the Urban Renewal Act, to any Affiliate of the Developer, so long as such transfer or payment is not done to avoid Developer's responsibilities hereunder. Section 12.11. Agreement. The parties may agree to file of record a Memorandum of Development Agreement in a form and content to be mutually agreed upon by the parties. If no such memorandum can be mutually agreed upon, then this Agreement may be recorded in its entirety. The Assessment Agreements shall be filed of record as required by law. Section 12.12. Termination Date. This Agreement will terminate on a date which is the earlier to occur of the December 31, 2032 or the date that is one year after all of the City Bonds (First Issue) and City Bonds (Second Issue) are paid in full. 34 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above first written. CITY OF WATERLOO, IOWA Mayor i ATTEST: City Clerk i i STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) On this day of , 2013, before me a Notary Public in and for said State, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. i Notary Public in and for the State of Iowa 35 a CEDAR VALLEY TECH WORKS, INC. By: Steven J. Dust, President STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) On this day of , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared Steven J. Dust, to me personally known, who, being by me duly sworn, did say that he is the President of Cedar Valley Tech Works, Inc., and that said instrument was signed on behalf of said corporation; and that the said Steven J. Dust, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it voluntarily executed. Notary Public in and for the State of Iowa 36 FDP WTC, L.L.C. By: Its: STATE OF ) SS COUNTY OF ) On this day of , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the of FDP WTC, L.L.C., and that said instrument was signed on behalf of said limited liability company; and that the said as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. Notary Public in and for said City and State i i i i i i i i i� I 37 EXHIBIT A-I LEGAL DESCRIPTION OF FDP PROPERTY 38 EXHIBIT A-2 LEGAL DESCRIPTION OF TECH I BUILDING PROPERTY 39 EXHIBIT B-1 FDP IMPROVEMENT' The FDP Improvements consist generally of the rehabilitation and renovation of the existing "Tech 2 Building" located on the TechWorks Campus to create "The Green @ TechWorks Campus", a mixed-use facility including: ® An upscale travel hotel of approximately 100 guest rooms on , having amenities comparable to a business-class hotel facility; ® A full service restaurant in the hotel; ® A proprietary training facility , of approximately 15,000 gross square feet of which shall be leased to Deere for at least 10 years; • On the ground floor of the office space side of the facility, an interactive Advanced Tech Energy Center displaying renewable energy systems and products; ® Approximately 45,000 square feet on three floors of "Class A" showroom and office space for lease to other tenants; and 40 EXHIBIT B-2 TECH I BUILDING IMPROVEMENTS The Tech I Building Improvements consist generally of the redevelopment and rehabilitation of the approximately 156,000 square foot building located on the Tech I Building Property into the offices and laboratories for the Center for Technology Advancement, and for future use and occupancy by new businesses focused on bio- products and renewable energy, including an industrial incubator operation on the second floor, and private manufacturing for the balance of the renovated space. I i 41 EXHIBIT B-3 TECHWORKS CAMPUS SITE IMPROVEMENTS 'r 42 Prepared by: Return to: EXHIBIT C MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, is dated as of , 2013, by and between the City of Waterloo, Iowa, a municipal corporation (the "City"), and FDP WTC, L.L.C., an Iowa limited liability company (the "Developer"). WITNESSETH: WHEREAS, the City and Developer are parties to an Amended and Restated Development Agreement dated as of , 2013 ("Development Agreement"), regarding certain real property located in the City, the legal description of which is contained in Attachment I attached hereto (the "Development Property"); and WHEREAS, it is contemplated that Developer will undertake the construction of certain building improvements as described in the Development Agreement (the "Minimum Improvements") on the Development Property, as provided in the Development Agreement; and WHEREAS, pursuant to Section 403.6 of the Code of Iowa, as amended, the City and Developer desire to establish a minimum actual value for the Development Property and the Minimum Improvements to be constructed thereon by the Developer pursuant to the Development Agreement; and WHEREAS, the City and the Assessor for the City of Waterloo, Iowa have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; and WHEREAS, the City expects to authorize the issuance of General Obligation Bonds and/or Urban Renewal Tax Increment Revenue Bonds, the proceeds of which will be used to fund an economic development grant to the Developer (collectively, the "City Bonds"), the principal of and interest on which City Bonds are expected to be paid in part from the real property taxes paid with respect to the Development Property and the Minimum Improvements located thereon. 43 NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced Minimum Improvements, but no later than January 1, 2015, the minimum actual taxable value which shall be fixed for assessment purposes for the Development Property and the Minimum Improvements to be constructed thereon shall be not less than Fifteen Million Five Hundred Thousand Dollars ($15,500,000) (hereafter referred to as the "Minimum Actual Value"). The Minimum Actual Value shall continue to be effective until termination of this Minimum Assessment Agreement on January 31, 2032 (the "Termination Date") or the date that is one year after all of the City Bonds (First Issue) and City Bonds (Second Issue) are paid in full. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Development Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 2. The Developer shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Development Property and the Minimum Improvements pursuant to the provisions of this Minimum Assessment Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Development Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Development Property or the Minimum Improvements by Developer or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Development Property or the Minimum Improvements. 3. In the event that the manner of valuing properties for real estate tax purposes should change from the method existing at the time of the execution of this Assessment Agreement, or if for any other reason (including a change in property tax laws of the State of Iowa) the amount of the tax increment revenues realized by the City from the properties described in clauses (i) — (ii) of Section 5.4 of the Development Agreement in any year is insufficient to pay the scheduled payments of principal and interest on the City Bonds (Second Issue), Developer agrees to pay as taxes, or, if and to I the extent necessary, to make other supplementary payments in lieu of taxes to the City in 44 I an aggregate amount necessary to pay when due the principal of and interest on the City Bonds (Second Issue), it being the intent of the parties that the annual amount of the foregoing tax increment revenues and such supplementary payments received by the City be no less than the annual requirement for scheduled principal and interest on the City Bonds (Second Issue). In such event, the Developer shall pay any such shortfall amount promptly upon written demand from the City. 4. The Developer agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Minimum Assessment Agreement shall be absolute and unconditional obligations of the Developer (not limited to the statutory remedies for unpaid taxes) and that the Developer shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Minimum Assessment Agreement for any reason whatsoever. 5. The Developer agrees that prior to the Termination Date it will not: a seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Development Property or the Minimum Improvements determined by any tax official to be applicable to the Development Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other State law, of the taxation of real property, including improvements and fixtures thereon, contained in the Development Property or the Minimum Improvements between the date of execution of this Agreement and the Termination Date; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the City, County, State or to the Director of Revenue of the State to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 6. This Minimum Assessment Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. Such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part 45 I thereof), whether voluntary or involuntary, and this Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage. The City shall pay all costs of recording. 7. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 8. This Minimum Assessment Agreement shall not be assignable without the consent of the City and shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and permitted assigns, subject to Article IX of the Development Agreement. 9. Nothing herein shall be deemed to waive the rights of the Developer under Iowa Code Section 403.6(19) to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall Developer seek to reduce the actual value to an amount below the Minimum Actual Value established herein during the term of this Agreement. This Minimum Assessment Agreement may be amended or modified and any of its terms, covenants, representations, warranties or conditions waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. 10. If any term, condition or provision of this Minimum Assessment Agreement is for any reason held to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, which shall at the time be construed and enforced as if such illegal or invalid or inoperable portion were not contained herein. 11. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on the Termination Date. 12. Developer has provided to the City a listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed consents to this Assessment Agreement, which consents are attached hereto and made a part hereof. 46 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above first written. CITY OF WATERLOO, IOWA Mayor i ATTEST: City Clerk i i STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) On this day of , 2013, before me a Notary I Public in and for said State, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. I Notary Public in and for the State of Iowa i i 47 FDP WTC, L.L.C. By: Its: STATE OF ) SS COUNTY OF ) On this day of , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the of FDP WTC, L.L.C., and that said instrument was signed on behalf of said limited liability company; and that the said , as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. Notary Public in and for said City and State 48 LIENHOLDER'S CONSENT The undersigned Lienholder hereby consents to this Minimum Assessment Agreement and agrees to be bound hereby. NAME OF LIENHOLDER: By: Signature Date STATE OF ) I ) SS COUNTY OF ) On this day of , 2013, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and respectively, of and that said instrument was signed on behalf of said company; and that the said , and acknowledged the execution of said instrument to be the i voluntary act and deed of said domestic company, by them voluntarily executed. i I I Notary Public in and for said City and State I i 49 i i i CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Million Hundred Thousand Dollars ($ ), all until termination of this Minimum Assessment Agreement. Assessor for the City of Waterloo, Iowa Date STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) Subscribed and sworn to before me by , Assessor for the City of Waterloo, Iowa. Notary Public in and for the State of Iowa Date 50 ATTACHMENT 1 TO MINIMUM ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY i 51 i F?XIIIBIT D DESCRIPTION OF ADDITIONAL TIF PROPERTIES 1. Tech I Building Property 2. All parcels located in the area bounded by U.S. Highway 63 (Ist Street) to Iowa Highway 218 expressway, to Ansborough Avenue and to the Cedar River, and back to U.S. Highway 63 3. The FDP (old Courier) known as parcel no. 8913-26-236-006 as legally described on Exhibit D-I attached hereto and the River Plaza property known as parcel no. 8913-26-235-001 and all such other parcels located between or associated with the development or redevelopment of parcel no. 8913-26-236-006 and parcel no. 8913-26-235-001(the "Superblock") 4. 100 East Fourth Street 00970019-1\1 1310-092 756500410 52 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above first written. CITY OF WATERLOO, IOWA ayor ATTEST: rty Cler STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) On this day of , 2013, before me a Notary Public in and for said State, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Cleric, respectively, of the City of Waterloo, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. •"'"`•' CAROL A N CAROL # , COMMISSION NO 760MM Mfr comm im ops "• ° 108M 2015 otary ublic in an for the State of Iowa 35 j CEDAR VALLEY TECH WORKS, INC. By: Steven J. D st, President STATE OF IOWA ) SS COUNTY OF BLACK HAWK ) On this day of� � , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared Steven J. Dust, to me personally known, who, being by me duly sworn, did say that he is the President of Cedar Valley Tech Works, Inc., and that said instrument was signed on behalf of said corporation; and that the said Steven J. Dust, as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it voluntarily executed. Notary Public in and for the Sta f Iowa ,�� SANDRA L SOMMERFELT _ ` Commission Number 775165 My commission Expires r5,20 36 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above first written. CITY OF WATERLOO, IOWA Mayor ATTEST: City Clerk STATE OF IOWA ) } SS COUNTY OF BLACK HAWK } On this day of , 2013, before me a Notary Public in and for said State, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a Municipality created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa 35 FDP WTC, L.L.C. By: Its: MA-.-(" Asti 4_,177C-- STATE OF ) } SS COUNTY OF On this day of V6 , 2013, before me the undersigned, a Notary Public in and for said State, personally appeared1.1 I , to me personally known, who, being by me duly sworn, did saIy that he/she is the r AR h1 caf FDP WTC, L.L.C., and that said instrument was signed on behalf of sai li ited liability company; and that the said ML e-v' as such officer acknowledged the execution of said instrument to 6e the voluntary act and deed of said limited liability company, by it voluntarily executed. Notary Public in and for said City and State KIMBERLY BROWN Z COMMISSION NUMBER 740985, MY COMMISSION EXPIRES /OwP' May 30, 2014 37 FINANCE DEPT. STAFF ONLY LINE ITEM USEDr(� TRAVEL REQUEST FY. ,: BUDGETEDs2� , CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST /J( G�,c►� DATE Le Original-Clerk/Finance C p - Department NAME(S) AND POSITION(S): DATE: Eric Thorson, PE, City Engineer September 30, 2013 Dennis Gentz, PE, Assistant City Engineer NAME OF CLASS I MEETING: DESTINATION: Coralville, IA Global Warm Mix Asphalt Workshop DEPARTURE POINT IF NOT WATERLOO: Cedar Falls, IA DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: October 30, 2013 October 30, 2013 October 30—31, 2013 October 31, 2013 October 31, 2013 PURPOSE OF TRAVEL/TRAINING: To attend Global Warm Mix Asphalt Workshop WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 266-07-7830-1346 LODGING TAXI X GRANT REIMBURSABLE MEALS 20.00 PARKING YES NO 520.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 540.00 TOTAL: $ 270.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT-HEAD MAYOR D � September 30, 2013 / l� DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 DENNIS GENTZ From: UI Center for Conference <conferences@ce21.continuetolearn.uiowa.edu> Sent: Monday, September 30, 2013 4:05 PM To: DENNIS GENTZ Cc: conferences@uiowa.edu Subject: Confirmation of Your Registration of Global Warm Mix Asphalt Workshop DIVISION OF CONTINUING EDUCATION Tt iE center for ConferencesUNIVERSITY 250 c oma-ums Ed.utom;' ..aci=sty Of IOWA awa City.10wa 62242-m;' FaYx 31g3§SFd1}39 September 30,2013 Dennis Gentz City of Waterloo 715 Mulberry St. Conference : 13-303-01 Waterloo, IA 50703 Reg ID : 73497 Dear Dennis Gentz, This letter is to confirm your attendance at the following conference: Conference:Global Warm Mix Asphalt Workshop Location: Marriott Hotel and Conference Center Coralville, IA Date: 10/30/2013 to 10/31/2013 Registration Type : Early Registration $250.00 1 $250.001 CEU Registration CEU Type General $10.00 Payment Summary Total Amount: $260.00 Total Payments:$0.00 Balance Due: $260.00 You have an outstanding balance on your registration. You are registered but payment has not been received/processed. Please contact UI Center for Conferences with your credit card number or remit payment to The UI Center for Conferences,30 S. Dubuque,250 CEF, Iowa City, IA 52242. Please call The Center for Conferences at 1-800-551-9029 or 319-335-4141 or email to conferences cr,uiowa.edu if you have any questions regarding your registration. Sincerely, The University of Iowa Center for Conferences 1 ERIC THORSON From: UI Center for Conference <conferences@ce21.continuetolearn.uiowa.edu> Sent: Monday, September 30, 2013 4:08 PM To: ERIC THORSON Cc: conferences@uiowa.edu Subject: Confirmation of Your Registration of Global Warm Mix Asphalt Workshop fil iviSION OF CONTINUING EDUCATION THE Center for Conferences UNIVERSITY 2 S Continuing Education Facility Of IOWA Iowa135 City, 52242-0907 Fox 319.335.4039 September 30, 2013 Eric Thorson City of Waterloo 715 Mulberry St. Conference : 13-303-01 Waterloo, IA 50703 Reg ID : 73498 Dear Eric Thorson, This letter is to confirm your attendance at the following conference: Conference:Global Warm Mix Asphalt Workshop Location: Marriott Hotel and Conference Center Coralville, IA Date: 10/30/2013 to 10/31/2013 _____ . . __,_ __ _ ._ _. Registration Type . Early Registration $250.00 $250.00 CEU Registration CEU Type General $10.00 Payment Summary Total Amount: $260.00 Total Payments:$0.00 Balance Due: $260.00 You have an outstanding balance on your registration. You are registered but payment has not been received/processed. Please contact UI Center for Conferences with your credit card number or remit payment to The UI Center for Conferences, 30 S. Dubuque, 250 CEF, Iowa City, IA 52242. Please call The Center for Conferences at 1-800-551-9029 or 319-335-4141 or email to conferences(a)uiowa.edu if you have any questions regarding your registration. Sincerely, 1 CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 3. 2013 Dept. Head Signature: ' ` # of Attachments: SUBJECT: Appointment of Gary Wentz to the position of Equipment Operator I (Street Department) from the current Civil Service List. This appointment is effective October 15, 2013 pending completion of pre-employment physical_ Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Appointment Summary Statement: The Human Resources Committee approved filling this vacancy at their September 23, 2013 meeting. Expenditure Required: $22.45 per hour Source of Funds: Road Use Tax Policy Issue Alternative Background Information: This vacancy was created by the retirement of an EOI (Quail). The Personnel Requisition Committee approved the filling of this position on September 12, 2013. The Human Resource Committee approved the filling of this position on September 23, 2013. CITY OF WATERLOO Council/Committee Communication Committee Meeting: October 14, 2013 Prepared: October 7, 2013 Dept. Head Signature: �uc ` # of Attachments: 1 SUBJECT: Appointment of Crystal Buzza to the Cultural & Arts Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Ms. Buzza fulfills the term vacated by Bill Blake, expiring March 1, 2016, after which she would be eligible for her first, full three-year term. RECEIVED OCT 0 4 2013 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 10/2/2013 I, Crystal Buzza request to be appointed to (state preference): (Name) 1. Cultural and Arts Commission 2. Home Phone:—(319) 427-0716_ Cell Phone: :_(319) 427-0716_ Work Phone:_(319) 239-6212_ Home Address 345 Derbyshire Road Zipcode_50701 Employer Waterloo Community Schools Title Director of Strategic Partnerships Employer Address 1516 Washington Street Zipcode 50702 How long have you resided in Waterloo? 11 years List current membership in organizations and offices held:_SuccessLink (formerly Communities in Schools) Board Member—Treasurer,Waterloo-Cedar Falls Salvation Army Advisory Board Member (chair 2010-2011) Wartburg College Communication Arts Advisory Board Member, Waterloo Schools Foundation Alumni Committee Chair, TeamMates Mentoring Advisory Member, Waterloo Center for the Arts Education Committee Member Allen Hospital Community Advisory Board Member,Waterloo Blue Zones Project School Co-Chair I am available for meetings: X A.M. X P.M. X Noon X Evenings I am available to serve on a Board/Commission the entire year: X Yes D No (check below) 0 Spring D Summer 0 Fall D Winter 0 All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: As an employee of the public school district I work with the Center for Arts on a regular basis. I feel that by serving on this commission I will be able to better support the District and the Center with both of their missions. Additional information and comments that may not be evident from information already on this form: The Waterloo Schools and the Center for the Arts work in collaboration on an annual community event call CultureFest which is a showcase of the cultures in the community and school district. References (include phone numbers): Tara Thomas, Director of School & Community Relations (Supervisor) —433-1803 Sharon Miller (Former Supervisor) -- 232-7659 Karol Rae Hoth Pastoral Associate at St Edwards and Commission member—233-8060 1 understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. �i Signa re RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 osromoio FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO Council/Committee Communication Committee Meeting: October 14, 2013 Prepared: October 3, 2013 Dept. Head Signature: 0LAU # of Attachments: SUBJECT: Appointment of Brian Quirk to the Operation Threshold Board of Directors. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mr. Quirk's term will expire December 31, 2014, to conform to existing Operation Threshold member terms. VIM_ 4ti u [City shall appoint one (1) member] • Shall provide oversight for the business, property, and affairs of Operation Threshold, a private, non- profit Community Action Agency. • Per Federal guidelines, the fifteen-member Board of Directors shall be made up of one-third consumer representatives, one-third private sector representatives, and one-third local elected officials or their designees. The public sector representatives are appointedfor a one-year term, without a limit on the number of terms. • Meetings are held:Third Thursday of the odd numbered months at 5:00 p.m. CITY OF WATERLOO, IOWA RECEIVED SEP 2 4 2013 BOARDS & COMMISSIONS APPLICATION Date: 9 lI c request to be appointed to (state preference): (Name) 1. 5 2. Home Phone: Cell Phone: — Work Phone. Home Address aq Zipcode �'Cs?o Employer cif Title —®— Employer Address Zipcode How long have you resided in Waterloo? �4 years L List current membership in organizations and offices held: �cc lr, PC, LJ)� �� �•"�.�ij C I am available for meetings: ❑ A.M. ❑ P.M. ❑ Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: Yes ❑ No (check below) - ❑ Spring ❑ Summer ❑ Fall ❑ Winter ❑ All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: Additional information and comments that may not be evident from information already on this form: References (include phone numbers): —� I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file one Galen ar yea ro date above. /V\, 0 ( 2 11 ignature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 08/03/2010 FAX 291-4286; PHONE 291-4301. OPERATION THRESHOLD Serving Black Hawk, Buchanan and Grundy Counties Go0MUN1TYAc; www.operationthreshold.org RECEf1/E Sip 1 9 20 13 a�oAC�NELP{N�Q`�oe CENTRAL OFFICE September 17, 2013 P.O.Box 4120 1535 Lafayette Street Waterloo,Iowa 50704 (319)291.2065 The Honorable Buck Clark Community Services Mayor, City of Waterloo Family Development City Hall Energy Assistance 715 Mulberry Street Housing Weatherization Waterloo, Iowa 50703 Administration (319)291-2065 Dear Mayor Clark: WIC (319)233-1851 The seat for a representative for the City of Waterloo on the Operation Threshold (800)643-1629 Board of Directors has been vacant for some time now. Fax(319)235.1518 We are requesting you to consider the appointment of Brian Quirk to Operation Threshold's Board of Directors as a representative for the City of Waterloo. Brian Quirk is a dedicated, active board member and is currently serving as our BUCHANAN Board Chairperson. COUNTY OFFICE 1707 First Street E.-3 Thank you for your attention to this request. If you have any questions,please feel Independence,Iowa 50644 free to contact me at(319) 292-1877 or bgrant@operationthreshold.org. A letter, (319)334-6081 memo or e-mail to Operation Threshold informing us of your selected representative Fax(319)334-9289 would be appreciated. GRUNDY Sincerely, COUNTY OFFICE 1606 G Avenue P.O.Box 41 Grundy Center,Iowa 50638 (319)824-3460 Barbara A. Grant Fax(319)8245928 Executive Director dw cc: File BONDS FOR COUNCIL APPROVAL October 14, 2013 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/14) AMOUNT: $5, 000. 00 105738188 MASTEC NORTH AMERICA, INC. HUGO, MINNESOTA SY35102 GARY & MARGARET MAUSSER WEST DES MOINES, IOWA i i, CITY OF WATERLOO Council Communication City Council Meeting: September 23, 2013 Prepared: September 17 2Q13 Dept. Head Signature: -" e'�' # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc as October 14, 2013 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their September 23, 2013 meeting approved the request for authorization to seek bids. Expenditure Required: Est$240,000 Source of Funds: Sanitation Operational Funds Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department October 14, 2013 Bid Tab Estimate: $240,000.00 Bid Security Not Required Bidder Bid Security Bid Amount Cedar Rapids Truck Center PO Box 67 217,930.00 Cedar Rapids, IA 52406 Twin Bridges Truck City 2251224.00 2250 W. 76th St. Davenport, IA 52802 Purchase of'One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department October 14, 2013 Bid Tab Estimate: $240,000.00 Bid Security Not Required Bidder Bid Security Bid Amount Cedar Rapids Truck Center PO Box 67 7 el- Cedar Rapids, IA 52406 Twin Bridges Truck Cit 2250 W. 76th St. Davenport, IA 52802 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-814 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 AUTOMATED SIDE-LOADER GARBAGE TRUCK FOR THE SANITATION DEPARTMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department, which were preliminarily approved by Resolution No. 2013-796 on September 23, 2013, and WHEREAS, a public hearing, upon notice, was held on October 14, 2013 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 14th day of October, 2013 . '0 - nest G. Clark, Mayor ATTEST: uzySc ares, CMC City C1 rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-815 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 AUTOMATED SIDE-LOADER GARBAGE TRUCK FOR THE SANITATION DEPARTMENT. WHEREAS, by Resolution No. 2013-814, specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) 2014 Automated Side-Loader Garbage Truck for the Sanitation Department, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on October 14, 2013 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF -THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said purchase proceed in accordance with said specifications . PASSED AND ADOPTED this 14th day of October, 2013 . rnest G. Clark, Mayor ATTEST : C —a I,r.r� Suzy Scares, CMC City Cl rk CITY OF WATERLOO Council Communication Council Meeting:August 26, 2013 Prepared:August 19, 2013 Dept. Head Signaturef� #of Attachments: SUBJECT: Purchase of a 2014 Triple Combination Pumper(Fire Truck) Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Preliminarily approve the plan, specification, etc. and taking of bids and set the date of hearing and bid opening as October 14, 2013. Summary Statement: This new fire truck will replace Engine 305,which is a 1992 Pierce Arrow that is at the end of its usable lifecycle. WFR attempts to maintain a 15 year replacement cycle for front line engines. We anticipate a 300 day build for this new engine. Expenditure Required:TBD Source of Funds: 411-12-1400-2117 Policy Issue Alternative Background Information: Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) October 14, 2013 Bid Tab Estimate: $495,000.00 Bid Security Not Required Bidder Bid Security Bid Amount Feld Fire 113 N. Griffith Rd. No Bid Carroll, IA 57401 Reliant Fire Apparatus, Inc. PO Box 688 508,584.00 W63 N543 Hanover Ave Cedarburg, WI 53012 Custom Fire Apparatus Inc. to 528,677.00 509-68 Ave. Osceola, WI 54020 Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) October 14, 2013 Bid Tab Estimate: $495,000.00 Bid Security Not Required Bidder Bid Security Bid Amount Feld Fire 113 N. Griffith Rd. Carroll, IA 57401 Reliant Fire Apparatus, Inc. PO Box 688 �'�� g , 5� cto W63 N543 Hanover 7 Ave Cedarbur , WI 53012 Custom Fire Apparatus Inc. 509-681h Ave. �t Osceola, WI 54020 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-816 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 TRIPLE COMBINATION PUMPER (FIRE TRUCK) . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) , in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) , which were preliminarily approved by Resolution No. 2013-719 on August 26, 2013, and WHEREAS, a public hearing, upon notice, was held on October 14, 2013 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) , in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 14th day of October, 2013 . EY' est G. lar , Mayor ATTEST: Suzy Scha s, CMC City Cler Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-817 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 TRIPLE COMBINATION PUMPER (FIRE TRUCK) . WHEREAS, by Resolution No. 2013-816, specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck) , in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on October 14, 2013 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said purchase proceed in accordance with said specifications . PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: q," " , L" zy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 8 2013 ,, Dept. Head Signature: # of Attachments: 1 SUBJECT: FIBER OPTIC CONNECTION CITY NETWORK TO SPORTSPLEX BUILDING Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve KWS bid and award contract to KWS in the amount of$39,750.00 Summary Statement One bid was submitted and the bid price was reasonable. The estimated cost was $ 38,650. Expenditure Required $39,750.00 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: The project will take advantage of the traffic communications fiber optics infrastructure for the most cost effective way of connection the City network to the new Sportsplex building. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-818 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO KWS, INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE FIBER OPTIC CONNECTION: CITY NETWORK TO SPORTSPLEX BUILDING, IN THE AMOUNT OF $39, 750 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with KWS, Inc. of Cedar Falls, Iowa, in the amount of $39, 750 . 00, in conjunction with the Fiber Optic Connection: City Network to Sportsplex Building, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2013-784B after public hearing on October 7, 2013 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project . The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the said improvements, said contract not to be binding on the City until approved by this Council . PASSED AND ADOPTED this 14th day of October, 2013 . E/ e��' e%g� –':tA�Clark', Mayor ATTEST: a—�� �' , Suzy S es, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: October 14. 2013 Prepared: October 8, 2013 Dept. Head Signature: PH # of Attachments: SUBJECT: FY2014 SULLIVAN PARK BASKETBALL COURT PROTECT Submitted by: Travis Nichols Facilities/Project Manager Recommended City Council Action: Request Council award and adopt resolution transmitting Contracts, Bonds and Certificates of Insurance for Aspro, Inc. of Waterloo, Iowa for FY2014 Sullivan Park Basketball Court Project, E. 4`h& Adams Street, Waterloo, and approve and authorize the Mayor to sign Contract between City of Waterloo and Aspro, Inc. Summary Statement This project provides for an asphalt overlay, new basketball standards, and regulation line painting on existing court at Sullivan Park, E 4`" &Adams St.,Waterloo Iowa Expenditure Required: $24,650 Source of Funds: Funding is available from Leisure Services G.O. Bond funds and Community Development Block Grant. Leisure Services crews will do site preparations. Policy Issue Alternative Background Information: Community Development Board awarded$18,000 for this project on July 1, 2013. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-819 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO ASPRO, INC. OF WATERLOO, IOWA, IN THE AMOUNT OF $24, 650 . 00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE FY2014 SULLIVAN PARK BASKETBALL COURT PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Aspro, Inc. of Waterloo, Iowa, in the amount of $24, 650 . 00, in conjunction with the FY2014 Sullivan Park Basketball Court Project, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2013- 777, after public hearing on September 23, 2013 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council . PASSED AND ADOPTED this 14th day of October, 2013 . E nest G. Clark, Mayor ATTEST: !2 1— - L eAf--<D uzy Scares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 8, 2013 Dept. Head Signature: PH # of Attachments: SUBJECT: Young Arena Dehumidification Project Submitted by: Chris Dolan,Young Arena Manager Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds, and Certificates of Insurance for the YOUNG ARENA DEHUMIDIFICATION PROJECT and authorize Mayor Clark to sign Contract between Young Plumbing and Heating and the City of Waterloo, Iowa. Summary Statement: This contract is to improve the humidity and air circulation in Young Arena. Contract documents are being drawn up by MODUS, Inc. and will be available for review in the City Clerk's Office. Expenditure Required: $429,800 Source of Funds: Funding is available from a BHCGA Gaming grant and Capital Improvement Program bond funds Policy Issue: NA Alternative: NA Background Information: This project is being undertaken to improve humidity conditions in Young Arena resulting in improved ice quality and user comfort. Contract was awarded at the October 7 City Council Meeting. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-820 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO YOUNG PLUMBING & HEATING CO. OF WATERLOO, IOWA, IN THE AMOUNT OF $429, 800 . 00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE YOUNG ARENA DEHUMIFICATION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Young Plumbing & Heating Co. of Waterloo, Iowa, in the amount of $429, 800 . 00, in conjunction with the Young Arena Dehumidification Project, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2013- 756, after public hearing on September 16, 2013 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: -- �-- '. [ I C,,—� y Scha e C C City Cler CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL C.ANDERSON,Community Planning&Development Director Finance Committee Communication Mayor Finance Committee Meeting: October 14,2013 BUCK Prepared: October 8,2013 CLARK Dept.Head Signature: #of Attachments:4 COUNCIL MEMBERS SUBJECT: Approval of bid for appraisal services for the appraisal of 222 Walnut Street (House of Hope), located at the intersection of East 2nd Street and Walnut Street DAVID Submitted by: Noel Anderson, Community Planning&Development Director JONES Ward I Recommended Finance Committee Action:Approval CAROLYN COLE Summary Statement: The City is requesting approval of the bid submitted by Rally Ward z Appraisal Services of Cedar Rapids in the amount of$2,000.00 for the appraisal of 222 Walnut Street(House of Hope)near the intersection of East 2nd Street and Walnut Street. HAROLD Staff received no other bids for the request,however believes the submitted bid appears to GETTY be a fair price. Currently,there is an interested prospect looking at the site for a new Ward 3 development. QUENTIN HART Therefore, staff recommends that the bid received from Rally Appraisal Services in the Ward 4 amount of$2,000.00 be approved. RON Expenditure Required: $2,000.00. WELPER Ward s Source of Funds: TIF funds and general funds BOB GREENWOOD Policy Issue: Economic Development At-Large Alternative: STEVE SCHMITT Background Information: The City has been actively working to develop the intersection at At-Large Franklin Street and Highway 63,with the most recent success being CVS Pharmacy. Currently,there is an interested developer that is looking at the site east of the pharmacy. ta:NA cc: Michelle Weidner,Finance --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Printable Map Output Page I of I Black Hawk County Parcel Map Parcel ID: 913-24-308-006 NI I Y DEVELOPMENT Deed Holder HRISTIAN COMMU Parcel Address: .22 WALNUT ST, WATERLUU, IA 50703 7 4 V J, 4—I'l S.I.—d F..t.... 0.1 M6.1 P� S..k H..k C., p.,k� A twp" em 9, T—hip. M., Righ—f-MY T—hip C1,V L1­ —dd.. & 7,4,14 afti""q R L "Ai M 4 ij�i 11 1 Map�;�OdwTjtv ArCIMS Copyright 4C, 3—M. mmm� Black Hawk Goun owa Vlap Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 'ecords,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more ,E-mail:auditorQco.bIack-hawk.ta.us.org detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 10/8/2013 Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891324308006. i II I i http://www2.co.black-hawk.ia.us/website/bhmap/bhP arlmage s.asp?apn=8 913 243 08006&a... 10/8/2013 Black Hawk County Detailed Parcel Report Page 1 of 2 C BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address CHRISTIAN COMMUNITY CHRISTIAN COMMUNITY 8913-24-308-006 DEVELOPMENT DEVELOPMENT PO BOX 782 PDFATERLOO, IA 50704-0000 No. Map Area Contract Buyer 13 E WATERLOO-C Property Address Current Recorded Transfer 222 WALNUT ST Date Drawn jDate Filed lRecorded DocumentIDI WATERLOO, IA 50703-1196 /5/2013 6/7/2013 2013 025485 SALES BUILDING PERMIT Date Amount NUTC/Type Date 17A '98,898 mount Reason 9/9/199465,548 SALE TO/BY EXEMPT 5/17/201212,000 Misc ORGANIZATION - PRIOR 09/ 7/10/2009 Int-Remodel Contract /17/20002,150 Int-Remodel 9/7/1999 18,060 Roof ASSESSED VALUES/CREDITS Year Class 2013 E 100% Land IDwelling IBuildingM/E Total cres Value 7,500 10 1287,840 0 295,340 10 Taxable Land 17wmelling IBuildingM/E ITotal Value 7,500 10 87,840 0 1295,340 Year IClass 2012 JE 100% Land IDwelling IBuildingMM/E10 tal jAcres Value 7,500 10 1261,680 10 269,180 0 Taxable Land Dwellin Buildin M E ITotal Value 7,500 10 V61,680 0 1269,180 Year lClass 2011 JE 100% Land lDwellin-q IBuildinqM/E Total cres Value 7,500 10 1261,680 10 269,180 LO Taxable Land JDwelling JBuildingM/E ITotal Value 7,500 10 P61,680 0 1269,180 TAX INFORMATION ASSESSMENT YEAR 2012 PAYABLE 201312014 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate ross Tax Net Tax Corp0 0 0 40.61203 0.00 $0.00 Nocorp 10 0 0 0 0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 1$0.00 $0.00 1$0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=8913 243 08006 10/8/2013 Black Hawk County Detailed Parcel Report Page 2 of 2 JNocorp J$0.00 LEGAL COOLEY ADDITION LOT 17 BLK 64 LAND Basis Front Rear Side 1 Side 2 Lot rea Acres Front 0 60 140 140 0 8400 0.193 Foot otals: 8400 0.193 COMMERCIAL BUILDINGS AND ADDITIONS Type IDescription ear Built rea Istories Apartment JBLDG 1 11929 P008 Style Brick Veneer+ Bsmt Additional Units 8 Information Base Square Feet 3,008 Basement Square Feet 3,008 Item Quantity Plumbing 3-Fixture Bathroom g Toilet Room 1 Sink-Kitchen g Item Quantit Adjustment Bsmt Fin -apartments 659 A/C - deduct 6016 Description Item Count Extended Description Extras OPEN BSMT ENTRY 1 Quantit =40, Units=S uare Feet, Hei ht=0 S FR OP 1 Quantit =36, Units=S uare Feet, Hei ht=0 Porch Commercial 1 36 SF, Porch, Low Pricing Description Size Ftr& Fdtn C'Blk or Tile 0: LF Ftr& Fdtn Concrete 0: LF Exterior Wall Brick Veneer 0: LF Interior Wall Plaster on Metal 0: LF all Facing Incl. w/Walls 0: SF indows Wood Casement 0: LF of Wall indows Aluminum Casement 0: LF of Wall Fronts/Doors Incl. w/ Base 0: LF Horizont Verticals &als Basement Excavation, Floor, Li 0. SF Roof 3-Ply Com o/Wood Deck 0: SF Ceiling Plaster and Lath 0: SF/Story truct. Floor Concrete 0: SF Floor Cover Carpet 0: SF Floor Cover Asphalt Tile 0: SF Partitions Apartment 0: P/Unit Framing Wood - Light 0: SF HVAC Forced Hot Air 0: SF Li htin Apartment 0: SF lEntry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324308006 10/8/2013 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-821 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO RALLY APPRAISAL SERVICES OF CEDAR RAPIDS, IOWA, FOR THE APPRAISAL OF 222 WALNUT STREET (HOUSE OF HOPE) LOCATED NEAR THE INTERSECTION OF EAST 2ND STREET AND WALNUT STREET, IN THE AMOUNT OF $2, 000 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Rally Appraisal Services of Cedar Rapids, Iowa, in the amount of $2, 000 . 00, for the appraisal of 222 Walnut Street (House of Hope) located near the intersection of East 2nd Street and Walnut Street, be and is hereby accepted. PASSED AND ADOPTED this 14th day of October, 2013 . Ernest G. Clark, Mayor ATTEST: I yScFkres, CMC City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL C.ANDERSON,Community Planning&Development Director Finance Committee Communication Mayor Finance Committee Meeting: October 14, 2013 BUCK Prepared: October 8, 2013 CLARK Dept.Head Signature: •---' #of Attachments: COUNCIL MEMBERS SUBJECT: Approval of bid for appraisal services for the appraisal of Parcel 8913-24- 308-025 (Larson Management, LLC), located at the intersection of East 2nd Street and Walnut Street DAVID JONES Submitted by:Noel Anderson, Community Planning&Development Director Ward I CAROLYN Recommended Finance Committee Action:Approval COLE Ward 2 Summary Statement: The City is requesting approval of the bid submitted by Rally Appraisal Services of Cedar Rapids in the amount of$1,200.00 for the appraisal of Parcel HAROLD 8913-24-308-025 (Larson Management,LLC), located at the intersection of East 2nd Street GETTY and Walnut Street. Staff received no other bids for the request,however believes the Wards submitted bid appears to be a fair price. Currently,there is an interested prospect looking QUENTIN at the site for a new development. HART Ward 4 Therefore, staff recommends that the bid received from Rally Appraisal Services in the amount of$1,200.00 be approved. RON WELDER Expenditure Required: $1,200.00. Ward 5 BOB Source of Funds: TIF funds and general funds GREENWOOD At-Large Policy Issue: Economic Development STEVE Alternative: SCHMITT At-Large Background Information: The City has been actively working to develop the intersection at Franklin Street and Highway 63,with the most recent success being CVS Pharmacy. Currently,there is an interested developer that is looking at the site east of the pharmacy. ta:NA cc: Michelle Weidner,Finance -file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 913-24-308-025 Deed Holder: ILARSON MANAGEMENT LLC Parcel Address: 19 E 2ND ST, WATERLOO, IA 50703 -p} Legend Salattetl p_Jdim twspitai Aerial Photds - airpdt i Black Hawk Ca eredap, pa k. parks rod Tow-Mpa waft, Parcels L TawnsMp city WMs > rmYme � N f 'ea rosdiim _ - 1 wabrNrtr_ f k v. i1�r r S*;C JC)12U-2 1 EMI ind- Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 'ecords,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more E-mail:auditoreco.black-hawk.ia.us.or Jetailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.e sri.e srimap.E srimap?S erviceName=bhov&... 10/8/2013 ��� � � `� 4 �, �8 f� t�f� # ����, � R r" �: .� �'�"�Y Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder tax Mail to Address 8913-24-308-025 LARSON MANAGEMENT LLC LARSON MANAGEMENT LLC PO BOX 943 C/O DAVID LARSON NoF Map Area Contract Buyer WATERLOO, IA 50704-0000 13 E WATERLOO-C Property Address Current Recorded Transfer 519 E 2ND ST Date DrawnDate Filed Recorded Document pe ATERLOO, IA 50703-0000 5/30/2013 6/5/2013 12013 025325 D SALES BUILDING PERMIT Date AmountNUTC/Type Date Number Amount Reason 15/30/201310 MULTIPLE PARCEL SALE - 12 / 7/10/2013 SC 10 Imisc Deed ASSESSED VALUES/CREDITS Year lClass 2013 1C 100% Land IDwelling IBuildinqM/E Total cres Value 8,400 r 15,910 10 14,310 Taxable Land Dwelling Buildin M/E otal Value 18,400 15,910 0 114,310 Year Class 2012 C 100% Land IDwelling IBuildinaM/E Total iAcres Value 8,400 10 15,380 10-1 780 axable Land IDwelling IBuildingM/E otal Value 81400 15,380 0 113,780 Year Class 2011 C 100% Land IDwelling IBuildingM/E Total lAcres Value 8,400 15,380 0 13,780 axable Land ID7ellinq lBuildingM/E ITotal Value .8,400 10 15,380 0 113,750 TALC INFORMATION ASSESSMENT YEAR 2012 PAYABLE 2013/2014 Tax 940001 -WATERLOO District Gross Value ITaxable Value Military Exemption Levy Rate IGross Tax Net Tax Corp13,780 113,780 0 0.61203 559.63 $560.00 Nocorp 0 0 0 10$0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit jEorp 1$0.00 $0.00 $0.00 $0.00 $0.00 [Nocorp 1 $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324308025 10/8/2013 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL COOLEY ADDITION LOT 18 BLK 64 LAND Basis Front Rear Side 1 Side 2 Lot Area cres Sq. Ft. 60 60 140 140 0 8400 .193 /Dimensions Totals: 400 .193 YARD EXTRAS Descri tior ear Built Iguantity Plot No. Extended Description Paving 1988 11 16,720 SF, Asphalt Parking, Average Pricing ,Entry Status: Vacant http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=8913243 08025 10/8/2013 C. Submittal Preparation: 1. Stamp and sign each submittal certifying to review of submittal, verification of material, and equipment, field measurement, field construction criteria, and coordination of information within submittal with Contract Documents. 2. Transmittal Form: Identify following: a. Date of submittal and dates of previous submittals. b. Project title and number. C. Submittal number. d. Contract identification. e. Names of: 1) CONTRACTOR. 2) Supplier. 3) Manufacturer. f If submittal is for substitute item of material or equipment,identify as"substitute"on transmittal and include"Contractor's Application for Consideration of Substitute"with submittal g. Identification of equipment and material with equipment identification numbers,motor numbers, and Specification section number. h. Variations from Contract Documents. D. Resubmittal Preparation: 1. Comply with requirements described in Submittal Preparation above,and in addition: a. Identify on transmittal form submittal is resubmission. b. Make corrections or changes in submittals required by ENGINEER'S notations on returned _ submittal. C. Respond to ENGINEER'S notations: 1) On transmittal or separate page attached to CONTRACTOR'S resubmission transmittal, answer or acknowledge in writing notations or questions indicated by ENGINEER on ENGINEER'S transmittal form returning reviewed submission to CONTRACTOR. 2) Identify each response by question or notation number established by ENGINEER. 3) If CONTRACTOR does not respond to each notation or question, resubmission will be returned without action by ENGINEER until CONTRACTOR provides written response to ENGINEER'S notations or questions. d. CONTRACTOR-initiated revisions or variations. 1) On transmittal form,identify variations or revisions from previously reviewed submittal, .� other than those called for by ENGINEER. 2) ENGINEER'S responsibility for variations or revisions is established in the Actions On Submittals paragraph of this section. 1.03 SPECIFIC SUBMITTAL REQUIREMENTS A. General: 1. Specific submittal requirements for individual units of Work are specified in applicable Specification section. Except as otherwise indicated in Specification sections,comply with requirements specified below for each indicated type of submittal. O1 33 10-3 No Name Creek Interceptor Sewer-60283855 2. If ENGINEER has responded to Written Clarification/Interpretation/Request submitted by CONTRACTOR,CONTRACTOR shall include ENGINEER'S response with applicable submittal. B. Requests for Substitute Items: I. Collect data for items to be submitted for review as substitute items into one submittal for each item of material or equipment. 2. Include completed"Contractor's Application for Consideration of Substitution"form as required by Supplementary Conditions. 3. Submit with other scheduled submittals for material or equipment allowing time for ENGINEER to evaluate additional information required to be submitted. 4. If CONTRACTOR requests to substitute for material or equipment specified,but not identified in Specification as requiring submittals, CONTRACTOR shall indicate substitution submittal in Submittal Schedule. 5. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore.Requests for review of proposed substitute items ofmaterial or equipment will not be accepted by Engineer from anyone other than Contractor. 6. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to ftu-nish or use.The application: a. shall certify that the proposed substitute item will: 1) perform adequately the flanctions and achieve the results called for by the general design, 2) be similar in substance to that specified,and 3) e suited to the same use as that specified; b will state: 1) the extent,if any,to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents(or in the provisions of any other direct contract with Owner for other work on the Project)to adapt the design to the proposed substitute item,and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; c will identify: 1) all variations of the proposed substitute item from that specified,and 2) available engineering,sales,maintenance,repair,and replacement services; and d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item,including costs of redesign and claims of other contractors affected by any resulting change. too C. Shop Drawings: I. Submit newly prepared information,with graphic information at accurate scale and name of preparer indicated(ftrm name). Show dimensions and note which are based on field measurement,identify materials and equipment included in Work,and revisions on resubmittals. Indicate compliance with standards and notation of coordination requirements with other Work. Encircle,bubble or otherwise indicate selections of products or materials and/or variations from Contract Documents or previous submittals. Highlighting may be used in addition to circling or bubbling of appropriate materials or variations from Contract Documents or previous submittals to direct the attention of the reviewer,but 0133 10-4 No Name Creek hiterceptor Sewer-60283855 may not be utilized exclusively due to the difficulty in continuity of selections through copying and/or scanning of the submittal. Other acceptable means of selection of materials,products or variations from Contract Documents or previous submittals include striking out selections not included as part of the submittal,providing an arrow pointing directly to the selection or other means that remain after copying and/or scanning. 2. Provide 8 in.by 3 in.blank space for CONTRACTOR and ENGINEER stamps. D. Product Data: 1. Preparation: a. Collect required data into single submittal for each unit of Work or system. Where product data includes information on several similar materials or equipment,some of which are not required for use on Project or not included in submittal, mark copies to show which items are not applicable to Project. b. Where product data must be specially prepared for equipment,materials or systems,because standard printed data is not suitable for use, submit data as Shop Drawing and not as product data. 2. Submittals: a. Submit 6 copies. b. Submittal is final when ENGINEER returns submittal marked"No Exception Taken",or"Make Corrections Noted". 3. Distribution: a. Maintain one set of product data(for each submittal)at Project site,available for reference by ENGINEER and others. E. Samples: I. Preparation: a. Provide samples physically identical with proposed materials or equipment to be incorporated into Work. Where variations in color,pattern or texture are inherent in material or product represented by sample, submit multiple units (not less than 3) showing approximate limits of variations. b. Provide full set of option samples where selection by ENGINEER is required. C. Include information with each sample to show generic description,source or product name and manufacturer,limitations,and compliance with standards. d. Submit samples for ENGINEER'S visual review of general generic kind,color,pattern,texture, and for final check of coordination of these characteristics with other related elements of Work. e. Mock-ups and similar samples specified in Specification sections are recognized as special type of samples. Comply with samples submittal requirements to greatest extent possible. 2. Submittals: a. At CONTRACTOR'S option, and depending upon nature of anticipated response from ENGINEER,initial submittal of samples may be preliminary or final submittal. b. Preliminary submittal, of single set of samples, required where Specification's indicate ENGINEER'S selection of color,pattern,texture or similar characteristics from manufacturer's range of standard choices is necessary. Preliminary submittals will be reviewed and returned with ENGINEER'S"Action"noted. C. Final Submittals: Submit 3 sets of samples in final submittal, I set will be returned. 0133 10-5 No Name Creek Interceptor Sewer-60283855 3. Distribution: a. Maintain returned set of samples at Project site,in suitable condition and available for quality control comparisons throughout course of performing Work. F. Test Results: 1. Preparation: a. Identify each test by Specification section and type of test. 2. Submittals: a. Submit 3 copies. b. Submittal is to confirm that results of tests verify materials,products,and systems comply with Contract Documents and are not for approval. 3. Distribution: a. Unless otherwise required in Specifications,test results shall be submitted to ENGINEER'S field office or if ENGINEER has no field office to ENGINEER'S office. G. Miscellaneous: 1. Guarantees,Warranties,Maintenance Agreements,and Workmanship Bonds: a. Refer to Specification sections for requirements. Submittal is considered final when submittal returned by ENGINEER,marked"No Exceptions Taken"or"Make Corrections Noted". b. In addition to copies desired for CONTRACTOR'S use, furnish 2 executed copies. Provide 2 additional copies where required for maintenance data. 2. Certifications: a. Refer to Specification sections for requirement on submittal of certifications. Submit 6 copies. Certifications are submitted for review of conformance with specified requirements and information. 3. Closeout Submittals: a. Refer to Specification sections and Section 0178 39 for requirements on submittal of closeout information,materials,tools,and similar items. 1) Materials and Tools: Spare parts,extra and overrun stock,maintenance tools and devices,keys,and similar physical units to be submitted. 2) Operating and maintenance data. H. Operating and Maintenance(O&M)Data: 1. Organize operations and maintenance information into suitable sets of manageable size,and bind into individual binders properly identified and indexed(thumb-tabbed). Include emergency instructions, safety precautions, spare parts listing, copies of warranties, wiring diagrams, recommended "turn-around" cycles, inspection procedures, Shop Drawings,Product Data, and similar applicable .. information. O1 33 10-6 No Name Creek Interceptor Sewer-60283855 a. Manufacturer's printed instructions regarding safety precautions for both (a) protection of personnel operating equipment and systems and (b) prevention of damage to equipment and systems. b. Shop Drawings and other submittals included in O&M data shall be corrected to include,in same format and style as original submittal,review comments. C. Data may be submitted on CD Rom if approved by ENGINEER. 2. Binders: Commercial quality D-Ring binder with durable and cleanable plastic covers. Paperboard and laminated paperboard covers are not acceptable. a. Do not fill binders to more than 75%of capacity. b. When multiple binders are used for an item of equipment, organize contents into related groupings. Each binder cover shall bear identification of specific contents. 3. Cover Label: Label each binder cover and spine with typed or printed title "OPERATION AND MAINTENANCE INSTRUCTIONS"and following: a. Project title. b. Name(s) of applicable building(s) or structure(s) as shown on Drawings in which equipment located. C. Name of equipment as set forth in Contract Documents. d. Specification section number for equipment as set forth in Contract Documents. 4. Submit after equipment requiring O&M data has been returned "No Exceptions Taken" or"Make Corrections Noted". 5. Submit 6 copies of each manual. 1. General Distribution: I. Unless required elsewhere,provide distribution of submittals to Subcontractors,suppliers,governing authorities,and others as necessary for proper performance of Work. 2. Provide copies of submittals bearing ENGINEER'S action stamp to: a. Job site file. b. Record documents file. 1.04 ACTION ON SUBMITTALS A. ENGINEER'S Action: 1. General: a. Except for submittals for record and similar purposes,where action and return on submittals is required or requested,ENGINEER will review each submittal,mark with appropriate action,and return. Where submittal must be held for coordination, ENGINEER will so advise CONTRACTOR without delay. b. ENGINEER will stamp each submittal with uniform,self-explanatory action stamp,appropriately marked with submittal action. c. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer.Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work,conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 01 33 10-7 No Name Creek Interceptor Sewer-60283855 d. Engineer's review and approval will not extend to means,methods, techniques, sequences,or procedures of construction(except where a particular means,method,technique,sequence,or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto.The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. e. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of request for substitution items and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of submittal procedure coordination. 2. Notification of Insufficient Information: a. If information submitted is not sufficient to complete review of submittal,ENGINEER will send transmittal to CONTRACTOR notifying CONTRACTOR that additional information is required. b. Submittal will be placed in an"On Hold"status and not returned until CONTRACTOR provides additional information. 3. Unsolicited Submittals: ENGINEER will return unsolicited submittals to CONTRACTOR without reviewing. 4. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required,it may be considered by Engineer as an"or equal"item,in which case review and approval of the proposed item may, in Engineer's sole discretion,be accomplished without compliance with some or all of the requirements for approval of proposed substitute items.A proposed item ofmaterial or equipment will be considered functionally equal to an item so named if. a. in the exercise of reasonable judgment Engineer determines that: I) it is at least equal in materials of construction,quality,durability,appearance,strength,and design characteristics; 2) it will reliably perform at least equally well the fiinction and achieve the results imposed by the design concept of the completed Project as a functioning whole;and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times;and 2) it will conforni substantially to the detailed requirements of the item named in the Contract Documents. B. Action Stamp: I. Marking: No Exceptions Taken. a. Final Unrestricted Release: When submittals are marked as "No Exceptions Taken", Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance. 2. Marking: Make Corrections Noted. a. Final-But-Restricted Release: When submittals are marked as "Make Corrections Noted Exceptions",Work covered by submittal may proceed provided it complies with ENGINEER'S 0133 10-8 No Name Creek Interceptor Sewer-60283855 notations or corrections on submittal and with Contract Documents. Acceptance of Work depends on that compliance. Resubmittal not required. 3. Marking: Rejected; See Remarks. a. Submittal Not Accepted: When submittals are marked as "Rejected; See Remarks", do not proceed with Work covered by submittal. Work covered by submittal does not comply with Contract Documents. b. Prepare new submittal for different material or equipment supplier or different product line or material of same supplier complying with Contract Documents. 4. Marking: Revise and Resubmit. a. Returned for Resubmittal: When submittals are marked as "Revise and Resubmit," do not proceed with Work covered by submittal. Do not permit Work covered by submittals to be used _ at Project site or elsewhere where Work is in progress. b. Revise submittal or prepare new submittal in accordance with ENGINEER'S notations in accordance with resubmittal requirements of this section. Resubmit without delay. Repeat if required to obtain different action marking. PART PRODUCTS (Not Used) -- PART 3 EXECUTION (Not Used) * * *END OF SECTION O1 33 10-9 No Name Creek Interceptor Sewer-60283855 SECTION 0143 00 TESTING LABORATORY SERVICES PART1 GENERAL 1.01 PERFORMANCE REQUIREMENTS A. Employ and pay for services of testing laboratory approved by OWNER to perform specified services and testing as described in Specifications. 1. Employment of laboratory shall, in no way, relieve CONTRACTOR'S obligations to perform Work of Contract. B. Related Requirements in Other Parts of Contract Documents: 1. Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities,Conditions of Contract. 1.02 QUALIFICATION OF LABORATORY A. Meet basic requirements of ASTM E329. B. Authorized to operate in state in which Project is located. C. Testing Equipment: 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards. b. Accepted values of natural physical constants. 1.03 LABORATORY DUTIES A. Cooperate with ENGINEER and CONTRACTOR; provide qualified personnel to perform Work after due Notice to Proceed. B. Perform specified inspections,secure samples,and test materials. 1. Comply with specified standards. 2. Ascertain compliance of materials with Contract Documents. C. Promptly notify ENGINEER and CONTRACTOR of observed irregularities or deficiencies of Work, equipment or material. D. Promptly submit written report of each test and inspection; one copy each to ENGINEER, OWNER, material supplier and CONTRACTOR, and one copy to record document file. Each report shall include following: O1 4300-1 No Name Creek Interceptor Sewer-60283855 1. Date issued. 2. Project title and number. 3. Testing laboratory name,address and telephone number. 4. Name and signature of laboratory inspector. 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions if test performed in field. 7. Date of test. 8. Identification of product and Specification section. 9. Location of sample or test in Project. 10. Type of inspection or test. 11. Results of tests and compliance with Contract Documents. 12. Interpretation of test results,when requested by ENGINEER. E. Perform additional tests as required by ENGINEER or CONTRACTOR. 1.04 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release,revoke,alter or enlarge on requirements of Contract Documents. — 2. Approve or accept any portion of Work. 3. Perform duties of CONTRACTOR. 1.05 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel and provide access to Work. B. Provide to laboratory preliminary design mix proposed to be used for concrete and other material mixes which require control by testing laboratory. C. Furnish copies of product test reports. D. Furnish incidental labor and facilities. 1. Provide access to Work to be tested. 2. Obtain and handle samples at Project site or at source of product to be tested. 3. Facilitate inspections and tests. 4. Store and cure test samples. E. Notify laboratory and ENGINEER sufficiently in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse OWNER for laboratory personnel and travel expenses incurred due to CONTRACTOR'S negligence. F. Make arrangements with laboratory and pay for additional samples and tests required for CONTRACTOR'S convenience. 01 43 00-2 No Name Creek Interceptor Sewer-60283855 G. Employ and pay for services of testing laboratory to perform additional inspections, sampling and testing required when initial tests indicate Work does not comply with Contract Documents. PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * *END OF SECTION 01 43 00-3 No Name Creek Interceptor Sewer-60283855 SECTION 01 43 26 TESTING PART1 GENERAL 1.01 SUMMARY A. Measurement and Payment 1. Testing and furnishing of samples required to be provided by CONTRACTOR will not be paid for separately but shall be considered incidental to unit price of item to which it applies. B. CONTRACTOR shall employ services of independent testing laboratory approved by OWNER to perform testing as described in the SUDAS Specifications. C. CONTRACTOR shall cooperate with ENGINEER to facilitate execution of assurance testing deemed necessary by ENGINEER. 1.02 SYSTEM DESCRIPTION A. Production Testing: 1. Materials produced off-site and incorporated into Work shall comply with the Contract Documents. a. Provide certifications of compliance. 2. On-site testing to confirm that material or equipment comply with Contract Document shall be provided by CONTRACTOR. a. On-site testing to confirm that methods used by CONTRACTOR result in conformance with Contract Documents shall be provided by CONTRACTOR. ENGINEER will not perform production testing,but CONTRACTOR shall inform ENGINEER of production testing schedule so ENGINEER,at ENGINEER'S option,may observe testing. b. CONTRACTOR is responsible that materials and completed construction comply with Contract Documents. B. Assurance Testing: 1. Testing performed on-site by ENGINEER or an independent testing laboratory to determine if CONTRACTOR'S work or materials comply with Contract Documents. 2. Materials used for assurance testing shall be furnished by CONTRACTOR. CONTRACTOR shall provide labor and equipment needed to provide access to areas for assurance testing. This includes, but is not limited to,excavation of backfill to various depths for testing. 3. Density of sub-grades,trench backfill and crushed stone bases/surfaces. a. CONTRACTOR shall employ an independent testing laboratory to gather, test and report on representative earth samples and to provide results of Standard Proctor Density test in accordance with Iowa DOT Materials Laboratory Test Method 103. Samples tested shall be representative of earth materials used for backfilling structures and trenches. b. CONTRACTOR shall employ an independent testing laboratory to gather representative crushed stone base/surface materials and provide the results of Standard Proctor Density test in accordance with Iowa DOT Materials Laboratory Test Method 103. 01 4326-1 No Name Creek Interceptor Sewer-60283855 C. Results of assurance testing or production testing provided by CONTRACTOR shall, in no way, relieve CONTRACTOR of obligations to comply with Contract Documents. PART 2 MATERIALS — (Not Used) PART 3 EXECUTION (Not Used) * * *END OF SECTION .e r 014326-2 No Name Creek Interceptor Sewer-60283855 SECTION 0150 10 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART1 GENERAL 1.01 QUALITY ASSURANCE A. Items provided under this section shall be listed or labeled by UL or other Nationally Recognized Testing Laboratory(NRTL). 1. Term"RTL"shall be as defined in OSHA Regulation 1910.7. 2. Terms"listed"and"labeled"shall be as defined in National Electrical Code(NEC),Article 100. B. Regulatory Requirements: 1. National Electrical Code (NEC): Components and installation shall comply with National Fire Protection Association(NFPA)70. C. Comply with federal,state,and local codes and regulations,and with utility company requirements. PART 2 PRODUCTS 2.01 TEMPORARY ELECTRICITY AND LIGHTING A. General: 1. Temporary lighting shall be sufficient to enable CONTRACTOR and Subcontractors to complete Work and enable ENGINEER to observe Work as it is being performed. Illumination shall meet or exceed state code requirements. B. Responsibilities: 1. Provide,maintain,and remove temporary electric service facilities. 2. Facilities exposed to weather shall be weatherproof type and electrical equipment enclosure locked to prevent access by unauthorized personnel. 3. Pay for installation of temporary services including poles,transformer charges,and metering. 4. Arrange with local electric utility for temporary electric service subject to their requirements and approval. 5. Register temporary meter in CONTRACTOR'S name. 6. Provide and maintain lamps,wiring,switches,sockets,and similar equipment required for temporary lighting and small power tools. 7. Pay for electrical energy consumed for construction purposes including operation of ventilating equipment for heating of buildings,and for testing and operating of equipment after permanent wiring has been installed,until final acceptance by ENGINEER or until occupancy by OWNER. 8. Provide and pay for service to temporary offices. 2.02 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone company to provide telephone service throughout duration of Work. B. Locate telephone in Project construction office for local calls. 2.03 WATER FOR CONSTRUCTION 0150 10-1 No Name Creek Interceptor Sewer-60283855 A. Water is not available at Project site. Make arrangements and pay costs to obtain suitable water. 2.04 WATER FOR TESTING A. CONTRACTOR shall provide water necessary for testing prior to acceptance of Work,unless specifically stated otherwise in Specifications for equipment,system or facility. 2.05 SANITARY FACILITIES A. No sanitary facilities are available on site. B. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations,in sufficient number for use of ENGINEER'S,CONTRACTOR'S and Subcontractor's employees. C. Maintain in sanitary condition and provide supply of toilet paper. _ 2.06 TEMPORARY FIRE PROTECTION A. Provide and maintain in working order,minimum of one fire extinguisher at each work location,and such other fire protective equipment and devices as would be reasonably effective in extinguishing fires during early stages by personnel at Project site. 2.07 TEMPORARY SITE AND OTHER ROADS A. Construct and maintain temporary site roadways in snow free,ice free,drivable condition necessary to carry _ out construction operations. B. Maintain OWNER'S existing on-site roads and public roads used during construction free from accumulations of dirt,mud and construction debris resulting from construction operations. Roads shall be considered"maintained"when material has been removed by sweeper. 2.08 SECURITY .. A. Security will not be provided by OWNER. B. CONTRACTOR shall be responsible for loss or injury to persons or property where Work is involved,and shall provide security and take precautionary measures to protect CONTRACTOR'S and OWNER'S interests. 2.09 TEMPORARY PARKING A. There shall be no parking on Project site outside of active work area unless designated or approved by OWNER. .. B. Make arrangements and pay for parking area for employee's vehicles. 2.10 TEMPORARY FENCING A. Provide temporary fencing sufficient to prevent trespass by CONTRACTOR'S and Subcontractor's employees and Suppliers onto private property and by public onto construction site. B. Materials shall be sufficiently durable to be effective for Contract Time. 2.11 FIELD OFFICES AND BUILDINGS O1 50 10-2 No Name Creek Interceptor Sewer-60283855 A. If required by CONTRACTOR, erect where designated by OWNER, and maintain in good condition, temporary field office,tool,and storage building(s)or trailer(s)for CONTRACTOR'S use. 1. Tool storage building(s)or trailer(s)shall be of ample size to provide space for tools and equipment. 2. Building(s) or trailer (s) shall be neat and well constructed, surfaced with plywood, drop siding, masonite,or other similar material,well painted and void of advertisements. PART 3 EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified in Divisions 15 and 16. B. Maintain and operate systems to ensure continuous service. C. Modify and extend systems as Work progress requires. 3.02 REMOVAL AND RESTORATION A. Completely remove temporary materials,equipment,signs,and structures when no longer required. B. In unfinished areas,clean and repair damage caused by temporary installations or use of temporary facilities, restore drainage,and evenly grade,seed or plant as necessary to provide appearance equal to or better than original. C. In finished areas,restore existing or permanent facilities used for temporary services to specified or original condition. ... 3.03 DAMAGE TO EXISTING PROPERTY A. CONTRACTOR is responsible for replacing or repairing damage to existing buildings,structures,sidewalks, roads,parking lot surfacing,and other existing assets. B. CONTRACTOR shall have option of having OWNER contract for such Work and have cost deducted from Contract price. * * *END OF SECTION ` 01 50 10-3 No Name Creek Interceptor Sewer-60283855 SECTION 0 1 57 00 PROTECTION OF ENVIRONMENT PARTI GENERAL 1.01 SUMMARY A. CONTRACTOR, in executing Work, shall maintain Work areas on-and off-site free from environmental pollution that would be in violation of federal,state or local regulations. B. Payment: I. Consider Work specified in this section incidental and include payment as part of appropriate lump sum or unit prices specified in Bid Form. 1.02 PROTECTION OF STORM SEWERS A. Prevent construction material,pavement,concrete,earth or other debris from entering existing storm sewer or sewer structure. 1.03 PROTECTION OF WATERWAYS A. Observe rules and regulations of State of Iowa and agencies of U.S. government prohibiting pollution of lakes,streams,rivers or wetlands by dumping of refuse,rubbish,dredge material or debris. I. Permits obtained by OWNER are contained in Project Forms. 2. Other permits shall be obtained by CONTRACTOR at CONTRACTOR'S cost. B. Provide holding ponds or approved method which will divert flows,including storm flows and flows created by construction activity,to prevent excessive silting of waterways or flooding damage to property. C. Comply with Section 9040 of the SUDAS Specifications. D. CONTRACTOR shall comply with Iowa Department of Natural Resources National Pollution Discharge Elimination System, (NPDES) Storm Water permit for construction site activities. As minimum CONTRACTOR is required to prepare,submit,and comply with following. I. Notice of Intent(NOI). 2. Storm Water Pollution Plan. 1.04 DISPOSAL OF EXCESS EXCAVATED AND OTHER WASTE MATERIALS A. Excess excavated material not required or not suitable for backfill and other waste material shall be disposed of in accordance with local regulatory requirements. B. Provide watertight conveyance for liquid,semi-liquid or saturated solids which tend to bleed during transport. Liquid loss from transported materials is not permitted, whether being delivered to construction site or hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at selected disposal site. 1.05 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use. 01 5700-1 No Name Creek Interceptor Sewer-60283855 B. Do not burn trash on construction site. C. If temporary heating devices are necessary for protection of Work,they shall not cause air pollution. 1.06 THAWING OF FROZEN GROUND A. Obtain permit from appropriate local authority before building fire to thaw frozen ground,and comply with conditions of permit. B. Use fuel which does not create air pollution or inconvenience public. C. ENGINEER reserves right to prohibit fires for thawing whenever deemed undesirable. 1.07 USE OF CHEMICALS A. Chemicals used during project construction or furnished for project operation,whether herbicide,pesticide, disinfectant,polymer,reactant or of other classification,shall be approved by U.S. EPA or U.S.Department of Agriculture or any other applicable regulatory agency. B. Use and disposal of chemicals and residues shall comply with manufacturer's instructions. 1.08 NOISE CONTROL A. Conduct operations to cause least annoyance to residents in vicinity of Work,and comply with applicable _ local ordinances. B. Equip compressors,hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil-operated equipment with silencers or mufflers on intake and exhaust lines. D. Line storage bins and hoppers with material that will deaden sounds. E. Conduct operation of dumping rock and of carrying rock away in trucks so as to cause minimum of noise and dust. F. Route vehicles carrying rock,concrete or other material over such streets as will cause least annoyance to public and do not operate on public streets between hours of 6:00 p.m. and 7:00 a.m., or on Saturdays, Sundays or legal holidays unless approved by OWNER. 1.09 DUST CONTROL A. Due to close geographic location of Project to other off-site facilities and residential homes take special care in providing and maintaining temporary site roadways, OWNER'S existing roads, and public roads used during construction operations in clean,dust free condition. B. Comply with local environmental regulations for dust control. If CONTRACTOR'S dust control measures are considered inadequate by ENGINEER,ENGINEER may require CONTRACTOR to take additional dust control measures. 1.10 FUELS AND LUBRICANTS A. Comply with local,state and federal regulations concerning transportation and storage of fuels and lubricants. 01 5700-2 No Name Creek Interceptor Sewer-60283855 - B. Fuel storage area and fuel equipment shall be approved by OWNER prior to installation. Submit containment provisions to OWNER for approval. C. Report spills or leaks from fueling equipment or construction equipment to OWNER and cleanup as required. D. OWNER may require CONTRACTOR to remove damaged or leaking equipment from Project site. 1.11 PILE AND SHEATHING DRIVING NOISE A. If piles are required,use only pile driver hammers with mufflers capable of significantly reducing noise and use barriers or shielding techniques as necessary to comply with applicable federal, state, and local ordinances. PART PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * *END OF SECTION ` 01 5700-3 No Name Creek Interceptor Sewer-60283855 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 SUMMARY A. Maintain at site one record copy of 1. Drawings. 2. Project Manual. 3. Addenda. 4. Change orders and other modifications to Contract. 5. ENGINEER'S Field Orders,Work Change Directives,Written Amendments,or clarifications. 6. Returned Shop Drawings and other submittals. 7. Field test records. 8. Associated permits. 1.02 SUBMITTALS A. At Substantial Completion: •� 1. Deliver 1 marked up set of Drawings to ENGINEER for use in preparation of record drawings. B. Submit with transmittal letter containing following: 1. Date. 2. Project title and number. 3. CONTRACTOR'S name and address. 4. Title of record document. 5. Signature of CONTRACTOR or authorized representative. PART2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store record documents and samples on-site apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. B. Maintain record documents in clean,dry,legible condition and in good order. Do not use record documents for construction purposes. C. Make record documents and samples available for inspection by ENGINEER or OWNER. D. Failure to properly maintain record documents may be reason to delay portion of progress payments until records comply with Contract Documents. O1 7839-1 No Name Creek Interceptor Sewer-60283855 3.02 RECORD DOCUMENTS A. General: 1. Maintain 1 complete set of Drawings and Project Manual,including Addenda,legibly annotated to show changes made during construction. 2. Label each document"PROJECT RECORD"in neat,large printed letters. 3. Record information concurrently with construction progress: a. Do not conceal Work until information is recorded. b. Record changes made by Field Order, Change Order or Work Directive Change and identify document number. 4. Give particular attention to concealed equipment and materials that would be difficult to measure and record at later date. B. Drawings: 1. Graphically depict changes by modifying or adding to plans,details,sections,elevations,or schedules. '- 2. Make changes on each sheet affected by changes. 3. Dimensions: a. Depths of various elements of foundation in relation to finish first floor datum. b. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 4. Location of internal utilities and appurtenances concealed in construction,referenced to visible and accessible features of structure. 5. Details not on original Drawings. 6. Location and identification of exposed interior piping, including those shown schematically on Drawings. 7. Size of equipment and location including connections. 8. Electrical and Instrumentation: a. Horizontal and vertical locations and size of underground cable, conduit, and duct runs dimensioned from established building lines. b. Plan location and size of interior concealed and exposed feeders. c. Size and location of access panels. d. Variations from original Drawings. C. Specifications: 1. Mark Specification sections to show substantial variations in actual Work performed in comparison with text of Specifications and modifications. 2. Include variations in products delivered to site and from manufacturer's installation instructions and recommendations. .. 3. Give particular attention to substitutions and selection of options and similar information. 4. Note related record drawing information and Product Data. * * *END OF SECTION O1 7839-2 No Name Creek Interceptor Sewer-60283855 SECTION 02 41 10 DEMOLITION PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Rerouting utilities to remain. 2. Shutting off,capping,and abandoning utilities and underground piping. 3. Demolition and removal or abandonment of pipe and structures. 1.02 DEFINITIONS A. Demolish: Remove existing structure to point below finish grade as specified or noted on Drawings. B. Remove: Remove portions of existing structure or utility above and below grade as specified or noted on Drawings. C. Abandon: Remove existing utility from service. Fully disconnect from portions of utility remaining in service. Remove portions of utility being abandoned from influence zones of structures, manholes or underground piping. Plug or cap ends of piping being abandoned as specified. 1.03 QUALITY ASSURANCE A. Conform to requirements of regulatory agencies and utility companies. PART2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 PREPARATION A. Prior to removal or abandonment of structures,accomplish following. 1. OWNER release of such structure. 2. Electrical,process,and plumbing services rerouted or shut off outside area of demolition. 3. Salvage items scheduled for reuse in new Work or scheduled to be delivered to OWNER'S storage facility. B. Protection: 1. Do not close or obstruct streets,walks or other facilities occupied and used by OWNER and public without prior written permission from OWNER and other authorities having jurisdiction. -- 2. Structural stability of structures adjacent to or affected by Work of this Contract shall be CONTRACTOR'S responsibility. 3. Maintain in service and protect from damage existing facilities,utilities,and equipment to remain. 0241 10-1 No Name Creek Interceptor Sewer-60283855 C. Utilities: _ 1. Notify utilities prior to razing operations to permit them to disconnect,remove or relocate equipment serving existing facilities. D. Salvageable Materials: 1. Salvaged material and equipment to be retained by OWNER shall be located on-site where indicated _ by ENGINEER. 2. Materials to be salvaged and retained by OWNER include: a. Manhole Castings. b. Other items noted on Drawings. 3. Equipment and materials not scheduled to be salvaged or reused in new Work shall become property _ of CONTRACTOR and legally disposed of off-site. E. Schedule: 1. Perform demolition,removal,and abandonment work so as not to interfere with OWNER'S operations and Work of other Contractors. 2. Coordinate demolition,removal,and abandonment work with other Contractors so new construction —. Work installed before,during,and after Work of this section may commence without undue delay. 3.02 GENERAL A. Structures to be Removed: 1. Manholes noted on drawings. B. Piping and Structures to be Abandoned or Removed: 1. Existing sanitary sewer and manholes noted on drawings. 3.03 REMOVAL OPERATIONS A. Remove existing concrete structures as indicated on Drawings. B. Remove utilities and piping to elevations and location shown on Drawings and plug and seal permanently with steel cap, concrete plug or other approved method in accordance with specified abandonment procedures. C. Remove abandoned utilities and underground piping within influence zone of proposed underground piping and proposed structures. 3.04 ABANDONMENT OPERATIONS .� A. Abandon utilities and underground piping and structures within limits noted. B. Provide concrete plugs for piping. Plug shall be IDOT Class C concrete and minimum of 2 ft thick. 0241 10-2 No Name Creek Interceptor Sewer-60283855 3.05 DISPOSAL -- A. Dispose of sludge, debris, and other undesirable and unsalvageable material resulting from demolition operations. B. Refer to Section 3010 of SUDAS Specifications for material classified as backfill material. * * *END OF SECTION 0241 10-3 No Name Creek Interceptor Sewer-60283855 SECTION 31 10 12 SITE PREPARATION PARTI GENERAL 1.01 SUMMARY A. Section Includes: 1. Requirements for clearing and grubbing, salvaged topsoil, demolition, and miscellaneous surface features. B. Measurement and Payment: 1. Include cost of Work specified in this section in appropriate lump sum and unit prices specified in Bid Form,except clearing and grubbing which will be paid separately. 1.02 DEFINITIONS A. Structures and Surface Features: For purpose of this section, shall mean existing structures and surface features,including but not limited to buildings,pavements,curb and gutter,signs,posts,fences,trees,shrubs, ... landscaped surface features,and other miscellaneous items. B. Utilities: For purpose of this section,shall mean existing gas mains,water mains,steam liners,electric lines and conduits, telephone and other communication lines and conduits, sewer pipe, cable television, other .� utilities,and appurtenances. C. Salvaged Topsoil: Natural loam, sandy loam,silt loam, silty clay loam,or clay loam humus-bearing soils available from overlying portions of areas to be excavated for construction. 1.03 PROJECT/SITE CONDITIONS A. Provide 72 hr notice,prior to beginning construction,to owners of existing utilities,structures,and surface features. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 PREPARATION A. Provide protection and support during construction for existing utilities, structures, and surface features adjacent to easements and rights-of-way shown on Drawings,and existing utilities,structures,and surface features located within easements and rights-of-way. B. Remove obstructions such as mounds of dirt,stone or debris located within working limits. Obstructions such as street signs, small culverts, end walls, advertising signs, and guard posts located within construction easements or rights-of-way, may be removed if promptly replaced to original condition unless otherwise specified in Contract Documents. �` 3110 12-1 No Name Creek Interceptor Sewer-60283855 3.02 CLEARING AND GRUBBING _ A. Clearing and grubbing shall be in accordance with Section 2101 of the 2012 SUDAS Specifications. 3.03 SALVAGED TOPSOIL A. Excavate and temporarily stockpile salvaged topsoil in quantities adequate to restore areas as specified in Contract Documents. _ B. Provide transportation of material and sites for stockpiles if adequate areas not available within easements and rights-of-way shown on Drawings. 3.04 RESTORATION A. Restore existing utilities,surface features,and structures to condition equal to or exceeding condition which existed prior to construction. * * *END OF SECTION 31 1012-2 No Name Creek Interceptor Sewer-60283855 SECTION 40 05 62 FRP SLUICE GATES PARTI GENERAL 1.01 SUMMARY A. Section Includes: I. Gates of fiberglass reinforced polyester(FRP)sluice gate with pedestal-mounted manual actuator and extension stems and wall-mounted stem guide accessories. 1.02 SYSTEM DESCRIPTION A. Design Requirements: I. Conform to AWWA C563 except as modified. 2. Proportion for stresses occurring during continuous operation, and for additional stresses occurring during fabrication or installation to parts of various control structures. 3. Sluice gate assemblies maximum fiber stress (ultimate or yield whichever applies) shall not exceed 2.5 times working stress. 4. Reinforce gates to withstand maximum seating head with deflection of less than L/360 of gate width or 1/4 in.,whichever is less. 5. Design gates with unseating heads for maximum deflection of L/360 of gate width or 1/16 in., whichever is less at maximum operating head. 6. Gates shall be flat and level. 7. Warpage throughout entire gate shall not produce crown of more than 1/16 in. in any direction. 8. Gates shall be as shown on Drawings and as specified in Schedule I to Section 11286. B. Performance Requirements: I. Field Leakage Criteria: a. Seating Head: Leakage shall not exceed 0.1 gal/min/ft of periphery under design head conditions. b. Unseating Head: Leakage shall not exceed 0.2 gal/min/ft of periphery under design head less than 20 ft. For heads greater than 20 ft, leakage shall not exceed 0.2 gal/min/ft plus 0.005 gal/min/ft for each ft of head greater than 20 ft. 2. Composition of gate laminate shall be in accordance with the Quality Assurance Report for Reinforced Thermostat Plastic(RTP)Corrosion Resistant Equipment,Society of the Plastics Industry,Inc.(SPI), and Material Technology Institute of the Chemical Process Industries,Inc.(MTI),for"Hand Lay-Up Laminates." a. Composition of gate laminate shall meet specifications for Type 1,Grade 10 laminates shown in Appendix M-1. 1.03 SUBMITTALS A. General: I. Submit Product Data and Shop Drawings in sufficient detail to confirm compliance with requirements of this Section. Submit Product Data and Shop Drawings in one complete submittal package. Partial submittals are unacceptable. 400562-1 No Name Creek Interceptor Sewer-60283855 B. Shop Drawings: _ 1. Installation and assembly drawings and specifically prepared technical data for each gate assembly. C. Product Data: 1. Catalog cuts and product specifications for gate components and operators. 2. Proposed coating system. Submittal information for coating system. _ D. Submit above in accordance with Section 01 33 10. E. Operation and Maintenance(O&M)Data. 1. Submit in accordance with Section 01 33 10. 1.04 QUALITY ASSURANCE A. Items of equipment shall be end products of 1 manufacturer in order to achieve standardization for maintenance,spare parts,operation,and manufacturer's service. B. Defects: 1. No cracks,crazing,blisters,chips,pits,dry spots,fish eyes,burned areas or entrapped air. 2. No wrinkles and solid blisters with maximum deviation of 10%of thickness,not to exceed 1/8 in. 3. No surface porosity(pinholes or pores in laminate surface). 4. No exposed glass,exposure of cut edges. 5. No scratches more than.002 in.deep. 6. No foreign matter. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Plasti-Fab,Inc.,Series Heavy Duty Titeseal,Tualatin,OR. B. ENGINEER approved equivalent. 2.02 MATERIALS _ A. Head Frames,Guides and Operator Support Yoke: Type 304 Stainless Steel(SS). B. Gates: 1. Fiberglass reinforced polyester(FRP)totally encapsulating an internal reinforcing structure. 2. Structural characteristics for 1/8 in. glass mat laminate shall meet minimum physical properties: _ a. Tensile Strength 17,900 psi b. Flexural Modulus 800,000-900,000 psi C. Flexural Strength 27,600 psi d. Compressive Strength 22,000 psi e. Impact Strength 9.0 ft-lbs/in. f. Water Absorption 0.13%(in 24 Hours) — C. Stems and Gate Hardware: 304 Stainless Steel. 40 05 62-2 No Name Creek Interceptor Sewer-60283855 D. Closure Seals: "— 1. Hollow Bulb J-Seals and Bottom Wedge Seal-Molded of extruded virgin neoprene with vulcanized corners per ASTM D-2000. a. Specific Gravity 1.25 b. Hardness 55-65 Shore A Durometer C. Tensile Strength 15,000 psi min. d. Elongation 300% e. Low Temperature Brittleness -40 F 2. J-Seal Clamping Bars and Fasteners: FRP 3. Wear Strips-UHMW Polyethylene. a. Tensile Strength 5,600 psi b. Water Absorption 0.0 1%(in 24 Hours) C. Flexural Modulus(0731 F) 130,000- 140,000 psi d. Coefficient of Friction 0.15 -. 2.03 MANUAL OPERATORS A. Lift Nuts and Thrust Nuts-Manganese Bronze. ASTM B-584,Alloy 865. B. Thrust Collar-Cast Iron. ASTM A-126 Class B. C. Handwheel-Cast Iron. ASTM A-126 Class B. D. Anchor Bolts-T-316 Stainless Steel. 2.04 GENERAL CONSTRUCTION A. Sluice Gate Cover: Fiberglass reinforced polyester totally encapsulating an internal reinforcing structure. 1. Copolymer Composite: Ultraviolet stabilized and seamless to protect inner structural members from corrosion caused by exposure to water or corrosive chemicals. B. Furnish with complete frames,slides,J-seals,UHMW wear strip,operating stems,operators and necessary appurtenances. 2.05 GATES A. Mold gate individually to dimensions specified: 1. Manufacture of reinforced thermoset plastic containing ultraviolet absorbers. 2. Surface shall be resin rich to depth of 0.010 in.to 0.020 in.and reinforced with C-glass or polymeric fiber surfacing material. 3. Surface shall be free of exposed reinforcing fibers. 4. Composition of layers shall be approximately 95 percent(by weight)resin. 5. Remaining laminate shall be made up of copolymer composite and reinforcing fibers in form, orientation and position to meet strength requirements. .•. 6. Use structural reinforcing to attain necessary stiffness to meet deflection requirements,and encapsulate with laminate not less than 1/4 in. thick on each side to ensure against permeation by water to core areas. B. Bolt Type T-316 stainless steel stem mounting bracket to gate. 40 05 62-3 No Name Creek Interceptor Sewer-60283855 1. Bolts shall not pass through or contact internal steel reinforcing. C. Core Material: 100%resistant to decay and attack by fungus and bacteria and resistant to hydrocarbons. 2.06 SEALS A. Elastomeric J-seals made of molded or extruded neoprene having hardness range of 55 to 65 shore A durometer and conforming to ASTM. D-2000. Maximum compression set of 25% and low temperature _ brittleness to meet suffix F-17 (40 F). B. Mount seals on gate covers with T-316 stainless steel capscrews and 316 stainless steel or FRP clamping bars. Provide means of repair,and replacement without dewatering channel. C. Fasten 1/4 in.thick UHMW wear strip to opposite side of gate from J-seals along both sides,with coefficient of friction less than 0.15. _ 2.07 FRAMES AND GUIDES A. Design guides for embedment,wall mounting to meet Project requirements. B. Fabricate guides from 304 stainless steel and have slot for mating with gate cover. C. Equip guides bolted to head wall with heavy duty slotted clips for ease of mounting to wall by using T-316 stainless steel anchors. D. Guides extending above operating floor level to form bench stand upon which lift mechanism is fastened, shall be strong and rigid without use of additional stiffening members. E. Head rail shall also be of 304 stainless steel and shall be affixed so as to allow gate to be removed from guide without disassembly. F. Head rail shall have maximum deflection of 1/4 in.when subjected to horizontal force of four times 40 lb. maximum handwheel pull. G. Where wall-mounted guide frame extends above concrete wall,top anchor bolt shall be not more than 6 in. below top of wall. H. Gate inverts shall be flush with channel bottom. I. Do not use wall thimbles for installation. 2.08 OPERATING STEMS A. Equip each slide gate with rising operating stem. B. Stem shall be Type 304 stainless steel with Acme threads and provided with adjustable stop collars to limit upward and downward travel. C. Stems shall have maximum L/R of 200. D. Stem guides with FRP bushings shall be used to maintain an L/R of 200. 2.09 STEM COVERS — A. Galvanized steel stem covers shall be provided with vent holes to minimize condensation. 4005624 No Name Creek Interceptor Sewer-60283855 B. Stem covers shall be attached by a padklocked, threaded connection and be marked with "Open" and "Closed"position indicators. 2.10 ADJUSTABLE WEDGING DEVICE A. Provide adjustable assembly to achieve specified leakage rate. B. Adjustable wedging assembly shall be comprised of T-316 stainless steel wedging bar and silicon bronze adjusting bolts with locking nuts. C. Adjusting bolts shall be non-galling for long-term easy adjustment. D. Adjust gate seals at factory and in field to less than specified leakage rate. 2.11 ANCHOR BOLTS A. Adhesive Anchors: Ramset/Red Head Epcon System or Hilti HIT System. B. Not less than 1/2-in.diameter. C. Provide anchor bolts with size to withstand force created by operation of gate. 2.12 COATING A. Manufacturer shall be responsible for factory surface preparation,shop priming of any exposed ferrous metal surfaces. Do not paint or coat fiberglass components or stainless steel. CONTRACTOR is responsible for -- field painting. System shall comply with: 1. Surface Preparation: Ferrous Metal-SP6. _ 2. First Coat: 3.0 DFT/"Series 90-97 Zinc Rich Primer"by Tnemec. 3. Second Coat: 3.0 to 4.0 DFT/"73-Color Endura-Shield IIP'by Tnemec. B. Coat machined or bearing surfaces and holes with protective grease until installation. 2.13 MANUALLY OPERATED FLOOR STANDS A. Maximum effort of 40 lbs shall be required to unseat gate and maximum of 25 lbs to operate gate after it is unseated. B. Enclosed gear type with crank capable of manual operation or by means of portable electric to gasoline powered operator. C. Provide single or double gear reduction,depending upon lighting capacity required. D. Type 316 stainless steel gears with machine cut teeth designed for smooth operation. E. Mount gearing and lift nut in Type 316 stainless steel housing and support with Type 16 stainless steel pedestal to place input shaft or handwheel approximately 36 in.above floor. F. Provide lubrication fittings in gear housing to permit lubrication of gears and bearings. G. Removable Type 316 stainless steel crank arm with revolving Type 316 stainless steel grip. H. Provide rising stem gates with butyrate cover. 40 05 62-5 No Name Creek Interceptor Sewer-60283855 PART 3 EXECUTION 3.01 INSTALLATION A. Install sluice gates in accordance with manufacturer's written recommendations and approved submittals. B. Install on wall as indicated on drawings. C. Adjust wedges to ensure gates seat properly. D. Test gate as specified. 3.02 FIELD QUALITY CONTROL A. After installation has been completed, test sluice gates under normal operating conditions in presence of ENGINEER. B. Repair leaks or other imperfections found upon testing. Schedule 1 to Section 11286 Design Equipment Size Frame Flush Head Head _ No. Qty. (Ft.) Type Bottom (Ft) Condition Operator Sanitary Manhole 1 18"x18" 304 Yes 20' Unseating Manual No. 5 Stainless Actuator .— Steel 3.03 FIELD TESTING A. Preparation: 1. Schedule field testing which affects operation through OWNER 48 hrs before testing. 2. Maintenance: a. Perform maintenance on equipment throughout course of Work. b. Perform preventative maintenance in accordance with manufacturer's recommen-dations. C. Keep maintenance records with equipment and make records available for examination during Work. ... 3. Before start of testing: a. Have O&M manuals on-site during testing. b. Have spare parts,expendables and test equipment pertinent to equipment being tested on-site during testing. _ C. Check equipment against submittals. d. Verify equipment is installed properly. B. Testing: 1. Testing in accordance with Contract Documents and manufacturer's recommendations. 2. Correct deficiencies found during testing. r, * * *END OF SECTION .. 40 05 62-6 No Name Creek Interceptor Sewer-60283855 b" GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO,IOWA Department of Engineering SECTION A-Definitions of Terms SECTION B-Scope of work SECTION C-Control of Materials and Work SECTION D-Procedure and Progress SECTION E-Measurements and Payments SECTION F-Legal Relations and Responsibility SECTION A-DEFINITIONS OF TERMS I CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract,acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo,Iowa. 3. ENGINEER. The City Engineer of Waterloo,Iowa,or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefore and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications,or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council,contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be fumished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part,which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions,and instructions set forth in the official publications relating to the work,the official contract GENERAL SPECS CONTRACT NO.849 GS-1 of 13 60283855 and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council,official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo,Iowa,guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion,both dates inclusive. The contract period may be extended by the Council,as provided in these specifications,in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both,equipment,transportation,or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B-SCOPE OF WORK I. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor,materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careftil examination, satisfied himself as to the nature, character and location of the work,the conformance to the Vaw ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer,agent,or employee of the City,either before or after the execution of the Contract,shall affect or modify any of the terms or obligations herein contained. GENERAL SPECS CONTRACT NO.849 GS-2 of 13 60283855 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately,in writing,and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor,the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract,except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However,when the work is completed without change in the plans,and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material,together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. Il. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets,highways,and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole,as nearly as practicable,at the same time. In doing the work,the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. GENERAL SPECS CONTRACT NO.849 GS-3 of 13 60283855 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences,properly secluded,for the laborers on the work,and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures,rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks,or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C-CONTROL OF MATERLALS AND WORK I. SUPERVISION AND INSPECTION* The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance,rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall,at all times,be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress,and the Contractor shall provide proper facilities for such access and for inspection. If the specifications,the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must,if required by the Engineer,be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract,the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor,and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed;also,to report whenever it appears that materials ftimished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract,and to direct the attention of the Contractor to such failure or infiingement;but such inspection shall not relieve the Contractor ftorn any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials fin-nished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge,relax,or release any requirements of these specifications. The Inspector shall,in no case,act as foreman or perform other duties for the Contractor,or interfere with the management of the work by the latter. GENERAL SPECS CONTRACT NO.849 GS-4 of 13 60283855 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished,and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached,shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks,reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused,by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error,inconsistency,or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City,and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, GENERAL SPECS CONTRACT NO.849 GS-5 of 13 60283855 transportation,and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications,it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work,whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded,the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EOUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work,shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times,enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract,the City of Waterloo,after three(3)days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor,provided,however,that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D-PROCEDURE AND PROGRESS I. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of and use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time,or both,as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades,no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. GENERAL SPECS CONTRACT NO.849 GS-6 of 13 60283855 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work;or by strikes, lockouts,fire,unusual delays in transportation,unavoidable casualties,or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay,only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one- fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period,the work shall be three-fourths (3/4)completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten(10)days, to proceed as directed in the said notice,then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided,to supply enough skilled workmen or proper materials;or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract,then the City,upon the certificate of the Engineer that sufficient cause exists to justify such action,may,without prejudice to any other rights or remedy, and after giving the Contractor seven(7)days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. GENERAL SPECS CONTRACT NO.849 GS-7 of 13 60283855 9. REMOVAL OF EOUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City,failing which,the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E-MEASUREMENTS AND PAYMENT I. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefore the actual reasonable cost of the labor and materials entering permanently in such work,plus fifteen percent(15%)of the cost thereof In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefore,and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance,prorated,for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants,but not including small hand tools,which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon,to be agreed upon in writing by the Engineer before such work is begun,and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent(15%)allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing,except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. GENERAL SPECS CONTRACT NO.849 GS-8 of 13 60283855 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is AM due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just,it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder,stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall,within ten(10) days,prepare a new statement,a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided,and the decision of the arbitrator or arbitrators shall be final,and the Engineer shall,within a period of five (5)days,file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty(30)days,the final ten percent(10%)shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report,and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof,shall be waived,and no such claim shall thereafter be asserted against the City. SECTION F-LEGAL RELATIONS AND RESPONSIBILITIES I. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances,and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may,however,be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work,and save the City harmless therefore. GENERAL SPECS CONTRACT NO.849 GS-9 of 13 60283855 The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures,and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof,or until released by the Engineer in writing. 4. 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 liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk 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 a 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 Liabilfty Insurance General Aggregate Limit $5,000,000.00 Products—Completed Operations Aggregate Limit $5,000,000.00 Each Occurrence Limit $5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the Owner, City of Waterloo, Iowa, and Engineer, AECOM, named as an "Additional Named Insured". 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 shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" GENERAL SPECS CONTRACT NO.849 GS-10 of 13 60283855 and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer,to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infiingement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract,and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may,within a reasonable time,object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. The Contractor shall not cause a delay of the work during any arbitration proceedings,except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten(10) days of its receipt, and in any other case,within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party,and the third chosen by these two arbitrators,or, if they fail to select a third within ten(10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. GENERAL SPECS CONTRACT NO.849 GS-1 I of 13 60283855 If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be bindig. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time,expense,and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement,and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award,unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, fumish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City,to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not,in fact,conform to the Contract. GENERAL SPECS CONTRACT NO.849 GS-12 of 13 60283855 The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives,nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved,or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. * * *END OF SECTION GENERAL SPECS CONTRACT NO.849 GS-13 of 13 60283855 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract,provided,however,that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications,shall be final,except as regards(1)latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the require- ments contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims,liens,or charges. Neither the contractor nor any person,firm,or corporation finmishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. END OF SECTION SUPPLEMENTARY GENERAL PSECS. CONTRACT NO.849 SGS-1 of I 60283855 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF NO NAME CREEK INTERCEPTOR SEWER CITY CONTRACT NO.849 CITY OF WATERLOO,IOWA This contract made and entered into this day of 2013, by and between the City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as(City),and of (hereinafter referred to as Contractor),WITNESSETH: PAR. I Contractor agrees to build and construct the NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO.849,and finmish all necessary tools,equipment,materials,and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal,which was accepted by the City,and which is understood and agreed to be a part of this contract. PAR.2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal,the Construction and Maintenance Bonds,the Council Proceedings relating to this matter,and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR.3 The Contractor agrees to fiu-nish at its own cost and expense,all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract,and of the plans and specifications made a part hereof by reference,and to the satisfaction and approval of the City and its engineer. PAR.4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The 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 1 2013. The completion date will be administered based on -working days and winter work as defined by IDOT Standard Specifications will not be required. All work associated with the closure of Washington Street shall be complete and Washington Street shall be reopened to traffic within 14 calendar days from the closure date. All work associated with the West 6h Street Closure including the Washington Street intersection shall be complete and reopened to traffic within 28 calendar days from the closure date. PAR.6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefore promptly by the date herein specified,the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR.7 The Contractor agrees to comply with and obey all ordinances of die City of Waterloo,Iowa,relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done,and agrees to keep the FORM OF CONTRACT CONTRACT NO.849 C-1 of4 60283855 City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor,or his agents,while work is done pursuant to this agreement. PAR.8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act,omission or negligence of the Contractor or its agents,or on account of any injuries allegedly sustained by reason of any obstruction,hole, depression or barrier placed or dug by the defendant or its agents,in the doing of the work herein contracted for,that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work,and their judgment on rejecting any materials,substance,or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material,which has been rejected by the construction reviewer, shall be at once removed fi7om the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. I I The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor,material,or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council,and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty(30)consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carTy it on has been mailed to it at the address given herein by the City,or after such notice has been served on it, then the City may proceed to complete said work,using any material,tools,or machinery found along said line of work,doing the work either by contract or as it may elect,and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the ftill compliance on the part of the Contractor with all the provisions,stipulations, and conditions hereof,or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted,at the unit prices set out in the Contractor's proposal,which has been accepted by the City. FORM OF CONTRACT CONTRACT NO.849 C-2 of4 60283855 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices,and for which 100%surety bond is required is$ PAR. 17 After the completion of said work,the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference,this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100%of the total amount of the contract, same to be known as"Maintenance Bond," and which bond must be approved by the City Council,and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR.20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo,Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten(10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given,then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR.21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four(4)and not less than three(3)months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three(3)months after such notice has been given to the City, and,in any event,until two(2)years after the acceptance of the work. CITY OF WATERLOO,IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo,Iowa,this day of 12013. ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO.849 C-3 of4 60283855 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (hereinafter called the Principal),and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo(hereinafter called the Obligee), in the penal sum of Dollars(5 I lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors,assigns,executors,and administrators,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did,on the day of 2013, enter into a written contract with the City of Waterloo, Iowa, for the construction of NO NAME CREEK INTERCEPTOR SEWER, CONTRACT NO. 849, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein;and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement,but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same,and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so,and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect,otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: I 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. PERFORMANCE BOND CONTRACT NO.849 PFB-1 of2 60283855 IN WITNESS WHEREOF,we have hereunto set our hands and seals this day of 12013. Principal _ By: Surety Attorney-in-Fact PERFORMANCE BOND CONTRACT NO.849 PFB-2 of 60283855 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 CITY OF WATERLOO,IOWA (Name of Owner) 715 MULBERRY STREET,WATERLOO'IOWA 50703 (Address of Owner) hereinafter called OWNER,in the penal sum of 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 2013, a copy of which is hereto attached and made a part hereof for the construction of NO NAME CREEK INTERCEPTOR SEWER CITY CONTRACT NO. 849 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. PAYMENTBOND CONTRACT NO.849 PB-1 of2 60283855 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 2013. 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. PAYMENTBOND CONTRACT NO.849 PB-2 of2 60283855 APPENDIX i I I I APPENDIX 1. RAILROAD INFORMATION: Railroad Action Plans • Safety Action Plan • Emergency Action Plan Railroad Flagging and Cable Locate Request Forms • Flagging-Cable Locate Right-of-Entry Agreement and Special Provisions • ROE Application • Special Provisions 2. POLLUTION PREVENTION PLAN 3. STORM WATER DISCHARGE 4. CHANGE ORDER FORM I i I .4 I RAILROAD ACTION PLAN • Safety Action Plan • Emergency Action Plan r Safety Action Plan 1.0 Equipment Safety a. All equipment will be placed outside of the 50'of centerline of the railroad tracks. b. All cranes and man-lifts will be parked and operated in a direction that in case of any type of mechanical failure the booms will not create a potential danger to the railroad tracks. c. In any case that equipment must be inside the limits of the railroad tracks, a CN railroad flagger will be present for the duration of the work going on. d. If equipment is not being used, no parts of the equipment will be left to be in potential danger of falling on the railroad tracks. e. Equipment that will be crossing the railroad tracks will require the presents of a CN railroad flagger. f. Equipment left unattended near the track must be immobilized so that it may not be moved by any unauthorized party. 2.0 Employee Safety a. All employees working are to remain outside the 50' limits unless CN flagman is present. b. Employees in man-lifts working over the railroad s tracks will do so at the direction of a CN flagman. c. Employees working on bridge decks or beams are to be tied off using OSHA approved safety harnesses and safety cables. d. All employees will be alerted to any moving equipment that may endanger them. e. Employees will be wearing appropriate safety hardhat, vest, and safety gear while working on and around bridge. 3.0 General Safety a. Temporary safety fence will be placed 50'from centerline to warn all personnel of the railroad right of way limits, or equipment need to be within that limit, an CN flagger will be present. b. A safety meeting will be held each morning emphasizing railroad safety issues. c. No material will be left or stored inside the 50'from centerline area without written permission from the appropriate railroad official. d. Holes inside railroad right of way will not be left unattended and filled promptly upon completion. 4.0 Contractor's Project Safety Representative Foreman, Project Foreman, Phone Number: a. A safety briefing will be held each morning to go over that day's planned work and caution all employees about work and equipment safety. b. Foreman will coordinate with the Project Manager, Phone Number: when to schedule an official railroad flagman. C. Project Foreman, Phone Number . Project Foreman will assist in watching movement of men and equipment so that all work is being accomplished in a safe and reasonable manner to alert everyone of any potential danger. §1910.38 Emergency action plans- (a) Application. An employer must have an emergency action plan whenever an OSHA standard in this part requires one. The requirements in this section apply to each such emergency action plan. (b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees. (c) Minimum elements of an emergency action plan. An emergency action plan must include at a minimum: (1) Procedures for reporting a fire or other emergency; (2) Procedures for emergency evacuation, including type of evacuation and exit route assignments; (3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; (4) Procedures to account for all employees after evacuation; (5) Procedures to be followed by employees performing rescue or medical duties; and (6) The name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. (d) Employee alarm system. An employer must have and maintain an employee alarm system. The employee alarm system must use a distinctive signal for each purpose and comply with the requirements in §1910.165. (e) Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees. (f) Review of emergency action plan. An employer must review the emergency action plan with each employee covered by the plan: (1) When the plan is developed or the employee is assigned initially to a job; (2) When the employee's responsibilities under the plan change; and (3) When the plan is changed. Appendix to Subpart E of Part 1910 -- Exit Routes, Emergency Actior Pians, and Fire Prevention Plans This appendix serves as a nonmandatory guideline to assist employers in complying with the appropriate requirements of subpart E. §1910.38 Employee emergency plans. 1. Emergency action plan elements. The emergency action plan should address emergencies that the employer may reasonably expect in the workplace. Examples are: fire; toxic chemical releases; hurricanes; tornadoes; blizzards; floods; and others. The elements of the emergency action plan presented in paragraph 1910.38(c) can be supplemented by the following to more effectively achieve employee safety and health in an emergency. The employer should list in detail the procedures to be taken by those employees who have been selected to remain behind to care for essential plant operations until their evacuation becomes absolutely necessary. Essential plant operations may include the monitoring of plant power supplies, water supplies, and other essential services which cannot be shut down for every emergency alarm. Essential plant operations may also include chemical or manufacturing processes which must be shut down in stages or steps where certain employees must be present to assure that safe shut down procedures are completed. The use of floor plans or workplace maps which clearly show the emergency escape routes should be included in the emergency action plan. Color coding will aid employees in determining their route assignments. The employer should also develop and explain in detail what rescue and medical first aid duties are to be performed and by whom. All employees are to be told what actions they are to take in these emergency situations that the employer anticipates may occur in the workplace. 2. Emergency evacuation. At the time of an emergency, employees should know what type of evacuation is necessary and what their role is in carrying out the plan. In some cases where the emergency is very grave, total and immediate evacuation of all employees is necessary. In other emergencies, a partial evacuation of nonessential employees with a delayed evacuation of others may be necessary for continued plant operation. In some cases, only those employees in the immediate area of the fire may be expected to evacuate or move to a safe area such as when a local application fire suppression system discharge employee alarm is sounded. Employees must be sure that they know what is expected of them in all such emergency possibilities which have been planned in order to provide assurance of their safety from fire or other emergency. The designation of refuge or safe areas for evacuation should be determined and identified in the plan. In a building divided into fire zones by fire walls, the refuge area may still be within the same building but in a different zone from where the emergency occurs. Exterior refuge or safe areas may include parking lots, open fields or streets which are located away from the site of the emergency and which provide sufficient space to accommodate the employees. Employees should be instructed to move away from the exit discharge doors of the building, and to avoid congregating close to the building where they may hamper emergency operations. 3. Emergency action plan training. The employer should assure that an adequate number of employees are available at all times during working hours to act as evacuation wardens so that employees can be swiftly moved from the danger location to the safe areas. Generally, one warden for each twenty employees in the workplace should be able to provide adequate guidance and instruction at the time of a fire emergency. The employees selected or who volunteer to serve as wardens should be trained in the complete workplace layout and the various alternative escape routes from the workplace. All wardens and fellow employees should be made aware of handicapped employees who may need extra assistance, such as using the buddy system, and of hazardous areas to be avoided during emergencies. Before leaving, wardens should check rooms and other enclosed spaces in the workplace for employees who may be trapped or otherwise unable to evacuate the area. After the desired degree of evacuation is completed, the wardens should be able to account for or otherwise verify that all employees are in the safe areas. In buildings with several places of employment, employers are encouraged to coordinate their plans with the other employers in the building. A building-wide or standardized plan for the whole building is acceptable provided that the employers inform their respective employees of their duties and responsibilities under the plan. The standardized plan need not be kept by each employer in the multi-employer building, provided there is an accessible location within the building where the plan can be reviewed by affected employees. When multi-employer building-wide plans are not feasible, employers should coordinate their plans with the other employers within the building to assure that conflicts and confusion are avoided during times of emergencies. In multi-story buildings where more than one employer is on a single floor, it is essential that these employers coordinate their plans with each other to avoid conflicts and confusion. 4. Fire prevention housekeeping. The standard calls for the control of accumulations of flammable and combustible waste materials. It is the intent of this standard to assure that hazardous accumulations of combustible waste materials are controlled so that a fast developing fire, rapid spread of toxic smoke, or an explosion will not occur. This does not necessarily mean that each room has to be swept each day. Employers and employees should be aware of the hazardous properties of materials in their workplaces, and the degree of hazard each poses. Certainly oil soaked rags have to be treated differently than general paper trash in office areas. However, large accumulations of waste paper or corrugated boxes, etc., can pose a significant fire hazard. Accumulations of materials which can cause large fires or generate dense smoke that are easily ignited or may start from spontaneous combustion, are the types of materials with which this standard is concerned. Such combustible materials may be easily ignited by matches, welder's sparks, cigarettes and similar low level energy ignition sources. 5. Maintenance of equipment under the fire prevention plan. Certain equipment is often installed in workplaces to control heat sources or to detect fuel leaks. An example is a temperature limit switch often found on deep-fat food fryers found in restaurants. There may be similar switches for high temperature dip tanks, or flame failure and flashback arrester devices on furnaces and similar heat producing equipment. If these devices are not properly maintained or if they become inoperative, a definite fire hazard exists. Again employees and supervisors should be aware of the specific type of control devices on equipment involved with combustible materials in the workplace and should make sure, through periodic inspection or testing, that these controls are operable. Manufacturers' recommendations should be followed to assure proper maintenance procedures. RAILROAD FLAGGING AND CABLE LOCATE REQUEST FORMS • Flagging - Cable Locate REQUIREMENTS REGARDING FLAGGING AND CABLE LOCATION FOR CONSTRUCTION ON CN (Hereinafter called "Railroad") (Revised: Effective August 11st 2013) NOTE: Flagging and/or Cable Locate fees may apply A utility or contractor shall not commence, or carry on, any work for installation, maintenance, repair, changing or renewal of any FACILITY, under, over or on RAILROAD property at any location without giving notice to the RAILROAD authorized representative at the RAILROAD's office located at Pontiac, Michigan, Phone (248) 452-4705; and if, in the opinion of the RAILROAD the presence of an authorized representative of the RAILROAD is required to supervise the same, the RAILROAD shall render bills to the utility or contractor for all expenses incurred by it for such supervision. This includes all labor costs for flagmen or cable locate supplied by the RAILROAD to protect RAILROAD operation, and for the full cost of furnishing, installation and later removal of any temporary supports for said tracks, as the RAILROAD's Chief Engineer's Office may deem necessary. A flagman is required anytime a utility or contractor does any work on or near RAILROAD property within twenty-five (25) feet horizontally of the centerline or any work over any railroad track. The RAILROAD, — however, also reserves the right to require a flagman for work on RAILROAD property, which is more than twenty-five (25)feet from the centerline of a railroad track when there are other conditions, or considerations that would dictate the need for a flagman to safeguard the RAILROAD's operations, property and safety of working — personnel. A cable locate of RAILROAD owned facilities may be required to identify and protect Signal & Communication — cables that have been installed to provide power, signal control, and wayside communications. These cables are vital to a safe and reliable railway operation. The cable locate will be performed by a qualified RAILROAD employee. Cost for a cable locate is $250.00, which is to be prepaid before installation is to begin. Outside contractors are prohibited from driving on, along, or across any track that does not have a CN installed crossing. They may utilize an existing public crossing. The practice of allowing rubber tired equipment to operate over track with no crossing has been banned. Exceptions to this rule will require the express approval from CN Engineering. Prior to any project being started, the RAILROAD requires a "Request for Flagging Services" form to be completed and submitted; including check for prepayment based on the number of days flagman protection will be required. Request for Flagging Services and Cable Location Southem Region Inquiries may be directed to: Mary Ellen Carmody Date submitted: US-Audit Officer CN 700 Pershing Street Pontiac,Michigan 48340 (248)452-4705 maryellen.carmodyCa,cn.ca (Name) with: (Company Name) am requesting that flagging protection be provided for (Project Name) Is this a continuation of an existing project?Yes E] No All blanks below must be completely,filled in before any flagman request will be honored. Project Location: RR milepost Street/Intersection: Right of Entry/License/Permit No..: Dated: Railroad: "You must have an agreement with CN railroad subsidiary,such as a Right ofEntry,Permit or Formal Agreement andproofof insurance. You must have flagman protection before you can enter the property. Contractor's Contact Person: Phone: Anticipated#of Days Protection is needed Specific Dates Flagging needed: Project Starting time: Anticipated Ending Time: Anticipated#Hours per Day: hrs. * Flagmen start and end time may vary based on type of protection required. Location for flagman to report: Description of work to be perfortned Railroad Cable Locate Required? Yes El No El A prepayment check MUST be sent and received at the address shown at the top of this page before flagman protection will be scheduled.The amount of prepayment is based on the number of days and hours flagman protection is required.The base rate per day for flagman protection is$1,300.00 for 10 hours,this includes 2 overtime hours to set flags.Additional overtime hours will be billed at the rate of$150.00 per hour. Weekend and Holidays should be prepaid at the overtime rate of$150.00 per hour or$1,500.00 for 10 hours.Any Prepayment for overtime hours not used will be refunded.Cost for cable locate is S250.00,and must be prepaid as well before installation begins.Checks should be made payable to the railroad subsidiary listed on your Right of Entry,Permit or Formal Agreement. A Prepayment check and Proof of Insurance MUST accompany this form and be received prior to the beginning of this project. Flagman will be provided at your cost,depending on availability,within five(5)business days. If the project runs longer than originally anticipated,MaryEllen Carmody must be contacted by email and an additional check must be submitted before work can resume. Rates are Effective August 1"2013. "ALL blanks must be completely filled" Billing Information: Company Name: Billing Address: City: State: Zip: Company Phone: Company Fax: E-Mail: (REQUIRED) I agree to pay for flagging services as requested: (SIGN AND PRINT NAME) Attach a map and location information and mail this form with cover letter on your company"s letterhead,prepayment and proof of insurance to Mary Ellen Carmody at the above address. RIGHT-OF-ENTRY AGREEMENT AND SPECIAL PROVISIONS • ROE Application • Special Provisions Harlan R.Arians Manager Public Works 1006 East Fourth Street Waterloo IA 50703 C" T 319.236.9205 F 319.236.9207 Email:harlan.arians@cn.ca Right of Entry(ROE) License Agreement Information Cost is $750.00*for application Railroad Company requires everyone (contractor, consultants, etc.) working on Railroad Company property to have a Right-of-Entry (ROE) License Agreement. ROE license agreement applications are handled by email. Once Railroad Company receives the information requested below, and if application is approved, Railroad Company will draw up a ROE License Agreement, and will forward electronic copy by email for applicant's execution. Applicant must return one (1) executed original copy, a check for $750.00*, and proof of insurance, together in one package to the address above. Application and ROE License Agreement will be delayed if Railroad Company receives the required documents separately, incomplete, or inaccurate. Railroad Company will return a fully executed digital copy of the ROE License Agreement by email for Applicant's files and records. No work may occur on Railroad Company property nor will flagging protection be provided until ROE License Agreement has been fully executed by both parties and returned.*Fee may be increased for special handling. Please use this form and return by email to submit application request for a Right of Entry agreement. Contact name— Name of Applicant/contractor- Street Address— City, State, Zip— Telephone— Reason for ROE— Duration of ROE— Public Agency's Project No. — Public agency Easement No. (if known)— Location of project— FRA/AAR/DOT Crossing No. — If unable to locate this number at jobsite, please use following links to obtain: http://safetydata.fra.dot.gov/officeofsafety/publicsite/crossinq/xinggryloc.aspx In Illinois http://www.icc.illinois.aov/railroad/advanced.aspx? If project job site does not have a FRA/AAR/DOT Crossing Number, please attach an aerial snapshot to help identify specific location. ROE may take up to 4+ weeks to obtain FAQ What are the insurance requirements? Railroad Company allows outside parties to come onto Railroad Company property to perform work, such as survey or inspection work, installation of pipelines and wirelines, and other work for projects necessitating the occupancy of Railroad Company. Before commencing work, and until the license of allowing such occupancy ends or is terminated, outside parties shall provide and maintain the following insurance in form and amount with companies satisfactory to and as approved by Railroad Company. 1. Minimum insurance required of outside party: A. Statutory Workers Compensation and Employer's Liability Insurance. B. Automobile Liability Insurance in an amount not less than$1,000,000 combined single limit. C. Commercial General Liability Insurance (Occurrence Form) in an amount not less than $5,000,000 per occurrence, with an aggregate limit of not less than $10,000,000. The policy must name Railroad Company and its Parents as additional insureds in the following form: Railroad Company name and its Parents Attn: Rob Glass 17641 South Ashland Avenue Homewood, IL 60430 708.332.6673(office) Rob.Glass(a-)cn.ca The policy must remove any provisions excluding coverage for injury, loss or damage arising out of or resulting from doing business or undertaking construction or demolition on, near, or adjacent to railroad track or facilities using endorsement CG 2417 10 01 or equivalent approved by Railroad Company. D. When outside party is required by Railroad Company or Governing Authority to purchase Railroad Protective Liability Insurance to cover work on, near or adjacent to railroad track or facilities, and outside party is not being hired for this project by Railroad Company, outside party must procure Railroad Protective Liability Insurance in the following form; This coverage shall be written on an Occurrence Form with limits of not less than $5,000,000 per occurrence for Bodily Injury, Personal Injury and Physical Damage to Property, with an aggregate limit of not less than$10,000,000. The policy must name: Railroad Company name and its Parents Attn: Rob Glass 17641 South Ashland Avenue Homewood, IL 60430 708.332.6673(office) Rob.Glass@cn.ca E. In the event the privileges provided herein to Applicant involve any work that could result in the discharge, spillage, disposal, release or escape of any Hazardous Material or petroleum product onto the Railroad Company's property,Applicant shall purchase and maintain in effect at all times during the term of this License a Contractors Pollution Liability policy in an amount not less than two million dollars ($2,000,000) combined single limit(and with a deductible not to exceed $50,000) insuring Railroad against any and all damages, costs, liabilities and expenses resulting from on- or off-site bodily injury (including death to any person), on or off- site loss, damage or destruction of property (including that belonging to the parties hereto), and on-or off-site cleanup costs (including expenses incurred in the investigation, removal, remediation, neutralization, or immobilization of contaminated soils, surface water, groundwater or any other contamination) growing out of or incidental to any discharge, spillage, disposal, release, or escape of any Hazardous Material or petroleum product arising therefrom. For purposes of this Agreement, the term "Hazardous Material" shall include, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §§ 9601, et seg.),the Hazardous Material Transportation Act, as amended (49 U.S.C. §§ 1801, et seq.),the Resource Conservation and Recovery Act, as amended (42 U.S.C. §§6901 et seg.), the Toxic Substances Control Act, as amended (15 U.S.C. §§ 2601, et seg.), similar laws or ordinances enacted by any state, county or municipality in which the Property is located, or in the regulations adopted and publications promulgated pursuant to any of the above, as such laws or regulations now exist or may exist in the future. Applicant is required to advise Railroad Company by thirty (30) day advance written notice when any work to be performed under this License may require Pollution Liability Insurance pursuant to the previous paragraph. F. All policies described above must include description of operations, Railroad Company milepost, highway or street name, city and state of location, project number, and Railroad Company contact person on the certificate. 2. Before commencing work, outside party shall deliver to Railroad Company a certificate of insurance evidencing the foregoing coverages and, if requested by Railroad Company, true and complete copies of the policies described above. If the policy is being issued in conjunction with, or as a result of, a city, county or state contract, the policy should be initially submitted to the respective city, county or state agency that will review it first and then forward it to Railroad Company. 3. Common Policy Provisions. Each policy described in paragraph 1, parts A through E above, must include the following provisions: A. Each policy shall include a waiver by the insurer of any right of subrogation against any recovery by or on behalf of any insured. B. Each policy shall provide for not less than thirty (30) days prior written notice to Railroad Company at the address listed above of cancellation of or any material change in that policy. 4. It is understood and agreed that the foregoing insurance coverage requirements, and outside party's compliance with those requirements, is not intended to, and shall not, relieve outside party from, or serve to limit,outside party's liability and indemnity obligations under the provisions herein. 5. Railroad Company shall have the right, from time to time, to revise the amount or form of insurance coverage required as circumstances or changing economic conditions may require. Railroad Company shall give outside party written notice of any such requested change at least thirty(30)days before the date of expiration of the then-existing policy or policies, outside party agrees to, and shall, thereupon provide Railroad Company with such revised policy or policies. 6. Insurance required of SUBCONTRACTOR: A. If a SUBCONTRACTOR is to be employed by outside party to perform work on Railroad Company under or by the permission for occupancy granted to outside party by Railroad Company, before commencing work, the SUBCONTRACTOR shall provide and thereafter maintain all of the insurance described in paragraph 1, parts A through E, above, in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 4 above. B. In the alternative, before the SUBCONTRACTOR commences work for outside party on Railroad Company, outside party may provide and thereafter maintain all of the insurance described in paragraph 1, parts A through E, above, in the same forms and amounts as provided for above and subject to the other terms and conditions provided for in paragraphs 2 through 5 above, provided that all such insurance names SUBCONTRACTOR as an additional insured and all such insurance provides coverage to all additional insureds, including Railroad Company, for any liability arising out of work performed by all other additional insureds, including SUBCONTRACTOR. Is safety training required? Prior to any entry onto Railroad Company's property, the employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permittee shall determine by the guidelines hereinafter provided and by the work to be performed the level of safety training to be required. All employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permiftee not hired by Railroad Company that will work on CN property are required to have minimum www.contractororientation.com. a. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permittee hired by Railroad Company which will work on Railroad Company property are required to have minimum CN Safety and Security Awareness training, in addition to undergoing a background check. This training and background check must be obtained through the eRailSafe.com website. If not done before, the contractor must contact CN Special Agent James Conroy at 708-332-5947 or James.Conroy@cn.ca to be issued a vendor number prior to accessing the noted website. Minimum information required of of a Contractor, Grantee, Licensee, or Permittee and/or their contractor when contacting either Special Agent James Conroy or e-RailSafe is Name, Address, Telephone, Contact Person for State Projects, DOT Contract Number, and the AAR/DOT Number. This training is good for a period of two years. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permittee hired by Railroad Company, whose duties include and who are engaged in the inspection, construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities, or roadway machinery that will work foul of or have the potential to foul a live track are considered Roadway Workers under FRA regulations and CN Policy. They must complete the On-Track Safety Training course approved by Railroad Company and provided by R.R. Safety—AMR, P.O. Box 75, Lomira,WI 53048,telephone(920)517-1677, email rrsafetvtraining(dyahoo.com. This training must be repeated at least once each calendar year. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. c. All the employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permittee who will operate on-track machinery or those who will provide protection for other employees and/or subcontractors of a Contractor, Grantee, Licensee, or Permittee must also be trained on CN US Operating Rules pertaining to their duties. They must take and pass the required examination. This training is good for a period of two years. d. "Potential to foul a live track" is considered, at a minimum,to be working within twenty-five(25) feet of the track;or as otherwise to be determined by CN Design&Construction Department. The employees,subcontractors,and/or agents of the Licensee and/or its contractor shall qualify for, and make available for inspection to Railroad Company's employees or other authorized personnel at all times while on Railroad Company property, a photo identification issued by www.e-railsafe.com,along with at least one other govern ment-issued form of identification. Licensee and/or their contractor shall bear all costs of compliance with the requirements of this Section. Railroad Company reserves the right to bar any of employees or agents of a Contractor, Grantee, Licensee, or Permittee and/or their contractor from Railroad Company's property at any time for any reason. What are the flagging protection rates? Flagging protection Rates: Basic rate-8 hour minimum =$1,000.00—Monday thru Friday regular business hours Overtime rate-hours in excess of 8 hours=$150.00/hr non regular business hours Weekend or holiday rate=$150.00 per hour with a 8 hour minimum or$1,200.00 Email the above back to harian.arians@cn.ca Revised 03-15-2013 SPECIAL PROVISIONS RELATIVE TO FLAGGING AND OTHER PROTECTION OF RAILROAD COMPANY TRAFFIC AND FACILITIES DURING CONSTRUCTION ADJACENT AND ABOVE, ON OR ACROSS, THE PROPERTY OF, OR ON, ABOVE AND BENEATH THE TRACKS OF THE CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY The Grantee, Licensee, Permittee and/or its Contractor shall, before entering upon the property of Railroad Company for performance of any work, secure a fully executed right of entry license from Railroad Company's Engineering Manager or their authorized representative for the occupancy and use of Railroad Company's property. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall confer with Railroad Company relative to requirements for railroad clearances, operation and general safety regulations. Prior to any entry onto Railroad Company's property, employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor doing work shall determine by the guidelines hereinafter provided and by the work to be performed the level of safety training to be required. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor not hired by Railroad Company that will work on CN property are required to have minimum www.contractororientation.com. a. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company which will work on Railroad Company property are required to have minimum CN Safety and Security Awareness training, in addition to undergoing a background check. This training and background check must be obtained through the eRailSafe.com website. If not done before, the contractor must contact CN Special Agent James Conroy at 708-332-5947 or James.Conroy@cn.ca to be issued a vendor number prior to accessing the noted website. Minimum information required of the Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) when contacting either Special Agent James Conroy or e-RailSafe is Name, Address, Telephone, Contact Person for State Projects, DOT Contract Number, and the AAR/DOT Number. This training is good for a period of two years. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company, whose duties include and who are engaged in the inspection, construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities, or roadway machinery that will work foul of or have the potential to foul a live track are considered Roadway Workers under FRA regulations and Chicago, Central & Pacific Railroad Company - 2 - CN Policy. They must complete the On-Track Safety Training course approved by Railroad Company and provided by R.R. Safety—AMR, P.O. Box 75, Lomira, WI 53048, telephone (920) 517-1677, email rrsafetvtrainina(a-)vahoo.com. This training must be repeated at least once each calendar year. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. c. All the employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor who will operate on-track machinery or those who will provide protection for other employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor must also be trained on CN US Operating Rules pertaining to their duties. They must take and pass the required examination. This training is good for a period of two years. d. "Potential to foul a live track" is considered, at a minimum, to be working within twenty-five feet of the track; or as otherwise to be determined by CN Design & Construction Department. The employees, subcontractors, and/or agents of the Grantee, Licensee, Permittee and/or its Contractor shall qualify for, and make available for inspection to Railroad Company's employees or other authorized personnel at all times while on Railroad Company property, a photo identification issued by www.e-railsafe.com, along with at least one other government- issued form of identification. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall bear all costs of compliance with the requirements of this Section. Railroad Company reserves the right to bar any of employees or agents of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) from Railroad Company's property at any time for any reason. Grantee, Licensee, Permittee and/or its Contractor and/or any contractor engaged on their behalf, shall at all times conduct work in a manner satisfactory to the Engineering Manager of Railroad Company, or their authorized representative, and shall exercise care so as to not damage the property of Railroad Company, or that belonging to any other grantees, licensees, permittees or tenants of Railroad Company, or to interfere with railroad operations. Engineering Manager of Railroad Company, or their authorized representative, will at all times have jurisdiction over the safety of railroad operations., The decision of the Engineering Manager or their authorized representative as to procedures which may affect the safety of railroad operations shall be final, and Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall be governed by such decision. All work shall be conducted in such a manner as will assure the safety of Railroad Company. Railroad Company's authorized representative shall have the right, but not the duty, to require certain procedures to be used or to supervise the work on Railroad Company's property. Should any damage occur to Railroad Company property as a result of the authorized or unauthorized operations of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and Railroad Company deems it necessary to repair such damage or perform any work for the protection of its property or operations, the Grantee, Licensee, Permittee Chicago, Central & Pacific Railroad Company - 3 - and/or its Contractor, as the case may be, shall promptly reimburse Railroad Company for the actual cost of such repairs or work. For the purpose of these Special Provisions, actual cost shall be deemed to include the direct cost of any labor, materials, equipment, or contract expense plus Railroad Company's current standard additives in each instance. If the work requires the construction of a temporary grade crossing across the track(s) of Railroad Company, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall make the necessary arrangements and execute Railroad Company's temporary grade crossing agreement for the construction, protection, maintenance, and later removal of such temporary grade crossing. The cost of such temporary grade crossing construction and later removal shall be prepaid to Railroad Company. Additional costs for repairs, maintenance or protection will be paid within thirty (30) days upon receipt of bill(s) therefor. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall at no time cross Railroad Company's property or tracks with vehicles or equipment of any kind or character, except at such temporary grade crossing as may be constructed as outlined herein, or at any existing and open public grade crossing. Operation over such crossing shall be at the direction and method of Railroad Company's Engineering Manager or their authorized representative. Railroad Company may, at Grantee's, Licensee's, Permittee's and/or its Contractor's and/or their contractor's sole cost, risk and expense, furnish whatever protective services it considers necessary, including, but not limited to, flagger(s), inspector(s), and stand-by personnel. Flagging protection, inspection services, or standby personnel required by Railroad Company for the safety of railroad operations because of work being conducted by Grantee, Licensee, Permittee and/or its Contractor, or in connection therewith, will be provided by Railroad Company and the cost of Grantee, Licensee, Permittee and/or its Contractor and shall be prepaid to Railroad Company by Grantee, Licensee, Permittee and/or its Contractor. Flagging protection, inspection services, or standby personnel, necessary or provided in excess of prepayment amounts will be billed at the proper rates and will be promptly paid by overnight delivery. In the event Railroad Company is unable to furnish protective services at the desired time or on the desired date(s), or if Grantee's, Licensee's, Permittee's and/or its Contractor's prepayment for such services is exhausted and not replenished by Grantee, Licensee, Permittee and/or its Contractor, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall not perform any work on Railroad Company's property until such time and date(s) that appropriate Railroad Company services can be made available and/or appropriate prepayment is received. It is understood that Railroad Company shall not be liable for any delay or increased costs incurred by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) owing to Railroad Company's inability or failure to have appropriate protective services available at the time or on the date requested. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall request and secure flagging protection by written notice to Railroad Company using CN's "Request for Flagging Services" form. This form must be submitted at least ten (110) working days in advance of proposed performance of any work or access to Railroad Company's property. Flagging protection will be required during any operation involving direct and potential interference with Railroad Company's tracks or traffic. This may include but is not limited to fouling of railroad operating clearances, reasonable proximity of accidental hazard to railroad traffic, work within twenty-five (25) feet horizontally of the nearest centerline of any railroad track, any work over any railroad track, or in any other condition that Railroad Company deems protective services necessary, which may include work on or off Railroad Company's property Chicago, Central & Pacific Railroad Company - 4 - more than twenty-five (25) feet from the nearest centerline of any railroad track, such as any equipment extension (including but not limited to a crane boom) that will reach or has the potential to reach within twenty-five (25) feet of any track. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall request, prepay, and secure Railroad Company signal facility locates by written notice to Railroad Company along with submission of CN's "Request for Flagging Services" form at least ten (10) working days in advance of proposed performance of any work or access to Railroad Company property. Notice to Railroad Company does not fulfill or satisfy any other notification requirements for utility locates for non-railroad facilities. Railroad Company may require that prior to digging, trenching, or boring activities on or near Railroad Company property, or beneath any railroad track, an on-site meeting be conducted with Railroad Company's Signal Department representative. No digging, trenching or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without Railroad Company's Signal Department representative being present. The rate of pay for Railroad Company employees will be the prevailing hourly rate for not less than eight (8) hours for the class of labor at regular rates during regularly assigned work hours, and at overtime rates outside of regular hours and in accordance with Labor Agreements or Schedules plus Railroad Company's current standard additives in each instance. Wage rates are subject to change, at any time, by law or agreement between Railroad Company and employees, and may be retroactive because of negotiations or a ruling by an authorized Governmental Agent. If the wage rates are changed, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall pay on the basis of the new rates and/or additives. No digging, trenching, or boring on Railroad Company property shall be conducted without Railroad Company's written approval of the plans that were furnished to Railroad Company's Engineering Manager at least thirty (30) in advance of the excavation. The following temporary clearances are the minimum that must be maintained at all times during any operation on or adjacent to Railroad Company property: Vertical: 22'-0" (7.00 m) above top of highest rail within 12'-0" (3.81 m) of the centerline of any track Horizontal: 12'-0" (3.81 m)from centerline of the nearest track, measured at right angles thereto If lesser clearances than the above are required for any part of the work, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall secure written authorization from Railroad Company's Engineering Manager for such lesser clearances in advance of the start of that portion of the work. No materials, supplies, or equipment will be stored within twenty-five (25) feet from the centerline of any railroad track, measured at right angles thereto. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) will be required upon the completion of the work to remove from within the limits of Railroad Company's property all machinery, equipment, surplus materials, false work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Engineering Manager of Railroad Company or their authorized representative. Nothing in these Special Provisions shall be construed to place any responsibility on Railroad Company for the quality or conduct of the work performed by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) hereunder. Any approval given or Chicago, Central & Pacific Railroad Company - 5 - supervision exercised by Railroad Company hereunder, or failure of Railroad Company to object to any work done, material used, or method of operation shall not be construed to relieve Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and/or subcontractorof any obligations pursuant hereto or under the License these Special Provisions are appended to. Accepted: Print Name: -- Chicago, Central & Pacific Railroad Company POLLUTION PREVENTION PLAN POLLUTION PREVENTION PLAN All contractors shall conduct their operations in a manner that controls pollutants, minimizes erosion, and prevents sediments from entering waters of the state and leaving the highway right-of-way. The prime contractor shall be responsible for compliance and implementation of the PPP for their entire contract. This responsibility shall be further shared with subcontractors whose work is a source of potential pollution as defined in this PPP. 1. ROLES AND RESPONSIBILITIES - Designer: - Prepares Base PPP included in the project plan. - Prepares Notice of Intent(NOI) submitted to Iowa DNR. - Signature authority on the Base PPP and NOI. - Contractor/Subcontractor: - Affected contractors/subcontractors are co-permittees with the City of Waterloo and will sign a certification statement adhering to the requirements of the NPDES permit and this PPP plan. All co-permittees are legally required under the Clean Water Act and the Iowa Administrative Code to ensure compliance with the terms and conditions of this PPP. - Submit a detailed schedule according to Article 2602 of the Specifications and any additional plan notes. - Install and maintain appropriate controls. - Supervise and implement good housekeeping practices. - Conduct joint required inspections of the site with inspection staff. - Signature authority on Co-Permittee Certification Statements and storm water inspection reports. - RCE/Inspector: - Update PPP whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the discharge of pollutants from the project. - Maintain an up-to-date list that identifies contractors and subcontractors as co-permittees. - Make these plans available to the DNR upon their request. - Conduct joint required inspections of the site with the contractor/subcontractor. - Complete an inspection report after each inspection. - Signature authority on storm water inspection reports and Notice of Discontinuation(NOD). 2. PROJECT SITE DESCRIPTION This Pollution Prevention Plan is for the construction of the No Name Creek Interceptor Sewer located along Broadway Street and between Broadway Street and Airline Highway in Waterloo, Iowa. This Pollution Prevention Plan(PPP)covers approximately 8.2 acres with an estimated 8.2 acres being disturbed. The PPP is located in an area of one soil associations (Kenyon-Floyd-Clyde). The estimated average SCS runoff curve number for this PPP after completion will be 62. Storm Water Site Map-Multiple sources of information comprise the base storm water site map including: - Drainage patterns-Plan and Profile sheets and Situation plans. - Proposed Slopes-Cross Section sheets and Typical Sections. - Areas of Soil Disturbance-Construction limits shown on Plan and Profile sheets. - Location of Structural Controls-Erosion Control Sheets. - Locations of Non-structural Controls-Erosion Control Sheets. Locations of Stabilization Practices-Generally within construction limits shown on Plan and Profile sheets and Erosion Control Sheets. Surface Waters(including wetlands)-Plan and Profile Sheets. Locations where storm water is discharged-Plan and Profile Sheets PPP_1 No Name Creek Interceptor Sewer-60283855 The base site map is amended by contract modifications and progress payments of completed erosion control work. Runoff from this work will flow from Overland flow and Drainage Swales into No Name Creek and ultimately to the Cedar River 3. CONTROLS The contractor's work plan and sequence of operations specified in Article 2602.03 for accomplishment of storm water controls should clearly describe the intended sequence of major activities and for each activity define the control measure and the timing during the construction process that the measure will be implemented. Preserve vegetation in areas not needed for construction. Section 2601 and 2602 of the Standard Specifications define requirements to implement pollution control measures. Actual quantities used may vary from the Base PPP and amendment of the plan will be documented via fieldbook entries or by contract modification. Additional pollution control items may be required as determined by the inspector and/or contractor during storm water monitoring inspections. If the work involved is not applicable to any contract items,the work will be paid for according to Article 1109.03 paragraph B. A. EROSION AND SEDIMENT CONTROLS 1) Stabilization Practices - Site plans will ensure that existing vegetation is preserved where attainable and disturbed portions of the site will be stabilized. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Temporary stabilizing seeding shall be completed as the disturbed areas are constructed. If construction activity is not planned to occur in a disturbed area for at least 7 days, the area shall be stabilized by temporary seeding or mulching within 7 days. Other stabilizing methods shall be used outside the seeding time period. Stabilization measures to be used for this project are located in the Estimated Project Quantities and Estimate Reference Information of the Construction Plan Set. Additional items may be found in the Inspector's Daily Reports(IDR)or Contract Modifications. 2) Structural Practices - Structural practices will be implemented to divert flows from exposed soils and detain or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Structural items to be used for this project are located in the Estimated Project Quantities and Estimate Reference Information located in the Construction Plan Set. Typical drawings detailing construction of the devices to be used on this project can be found on the Tpyical Section Sheets and the Erosion Control sheets of the plan or are referenced as a Standard Road Plan. 3) Storm Water Management - Measures shall be installed during the construction process to control pollutants in ston-n water discharges that will occur after construction operations have been completed. The installation of these devices may be subject to Section 404 of the Clean Water Act. B. OTHER CONTROLS Contractor disposal of unused construction materials and construction material wastes shall comply with applicable state and local waste disposal, sanitary sewer, or septic system regulations. In the event of a conflict with other governmental laws,rules and regulations,the more restrictive laws,rules or regulations shall apply. 1) Vehicle Entrances and Exits - Construct and maintain entrances and exits to prevent tracking of sediments onto roadways. PPP-2 No Name Creek Interceptor Sewer-60283855 2) Material Delivery, Storage and Use - Implement practices to prevent discharge of construction materials during delivery,storage,and use. 3) Stockpile Management - Install controls to reduce or eliminate pollution of storm water from stockpiles of soil and paving. 4) Waste Disposal-Do not discharge any materials,including building materials, into waters of the state, except as authorized by a Section 404 permit. 5) Spill Prevention and Control - Implement procedures to contain and clean-up spills and prevent material discharges to the storm drain system and waters of the state. 6) Concrete Residuals and Washout Wastes -Designate temporary concrete washout facilities for rinsing out concrete trucks. Provide directions to truck drivers where designated washout facilities are located. 7) Vehicle and Equipment Cleaning - Employ washing practices that prevent contamination of surface and ground water from wash water. 8) Vehicle and Equipment Fueling and Maintenance - Perform on site fueling and maintenance in accordance with all environment laws such as proper storage of onside fuels and proper disposal of used engine oil or other fluids on site. 9) Litter Management-Ensure employees properly dispose of litter. C. APPROVED STATE OR LOCAL PLANS During the course of this construction, it is possible that situations will arise where unknown materials will be encountered. When such situations are encountered, they will be handled according to all federal, state, and local regulations in effect at the time. 4. MAINTENANCE PROCEDURES The contractor is required to maintain all temporary pollution control measures in proper working order, including cleaning, repairing, or replacing them throughout the contract period. This shall begin when the features have lost 50%of their capacity. 5. INSPECTION REQUIREMENTS Inspections shall be made jointly by the contractor and the contracting authority at least once every seven calendar days. Storm water monitoring inspections will include: - Date of the inspection. - Summary of the scope of the inspection. - Name and qualifications of the personnel making the inspection. - Rainfall amount. - Review pollution control measures within disturbed areas for the effectiveness in preventing impacts to receiving waters. - Major observations related to the implementation of the PPP. - Identify corrective actions required to maintain or modify pollution control measures. - Verify that locations where vehicles enter or exit the site control offsite sediment tracking. - Completed storm water inspections shall be contained within the onsite SWPPP notebook and copies shall be submitted to the City of Waterloo after each inspection. PPP-3 No Name Creek Interceptor Sewer-60283855 Include storm water monitoring inspection reports in the Amended PPP. Incorporate any additional erosion and sediment control measures determined as a result of the inspection. Immediately begin corrective actions on all deficiencies found and complete all actions within 3 calendar days of the inspection. 6. NON-STORM WATER DISCHARGES This includes subsurface drains (i.e. longitudinal and standard subdrains) and slope drains. The velocity of the discharge from these features may be controlled by the use of patio blocks, Class A stone, erosion stone or other appropriate materials. 7. POTENTIAL SOURCES OF OFF RIGHT-OF-WAY(ROW)POLLUTION Silts, sediment, and other forms of pollution may be transported onto highway right-of-way(ROW) as a result of a storm event. Potential sources of pollution located outside highway ROW are beyond the control of this PPP. Pollution within highway ROW will be conveyed and controlled per this PPP. 8. DEFINITIONS Base PPP-Initial Pollution Prevention Plan. Amended PPP-May include Plan Revisions or Contract Modifications for new items and fieldbook entries made by the inspector. IDR-Inspector's Daily Report-this contains the inspector's daily diary and item postings. Controls - Methods, practices, or measures to minimize or prevent erosion, control sedimentation, control storm water,or minimize contaminants from other types of waste or materials. Signature Authority-Representative from Designer, Contractor/Subcontractor, or RCE/Inspector authorized to sign various storm water documents. 9. CITY OF WATERLOO CONSTRUCTION SITE RUNOFF(CSR)CHECKLIST - Engineer shall complete Storm Water Pollution Prevention Plan and submit to City of Waterloo Engineering Department for review and approval - Engineer shall file Notice of Intent (NOI) with Iowa DNR,include in SWPPP. Include authorization document in SWPPP. - Contractor shall install initial controls. - Contractor shall contact City of Waterloo Engineering Department for pre-construction inspection prior to commencement of land disturbing activities. - Contractor and Construction Inspector shall begin inspection reporting as soon as land disturbance occurs, continue minimum once per week until site is 70%stabilized,maintain and add controls as necessary. - Once all areas identified in SWPPP or transfer of responsibility are 70%stabilized,contractor and Engineer shall contact City of Waterloo Engineering Department for post-construction inspection. - After passage of post-construction inspection, Engineer shall file Notice of Discontinuation with IDNR, copy City of Waterloo Engineering Department PPP-4 No Name Creek Interceptor Sewer-60283855 STORM WATER DISCHARGE Storm Water Discharge Associated With Industrial Activity For Construction Activities City Waterloo,Iowa Project County Black Hawk Proi.ect Number Certification Statement "I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site as part of this certification. Further,by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for"Storm Water Discharge Associated with Industrial Activityfor Construction Activities" at the identified site. As a co-permittee, I understand that I, and my company,are legally required under the Clean Water Act and the Code of Iowa,to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit." Name Type, Stamp or Print Legibly Title Company Name Address Telephone Number Signed By Date (president, vice-president,generalpartner ofproprietor) Oft sw-I No Name Creek Interceptor Sewer-60283855 CHANGE ORDER FORM CHANGE ORDER NO. Owner Date Project Ownees Contract No. Contractor Date of Contract Start You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: CONTRACT PRICE CONTRACT TIMES(Calendar Days) To substantial To final completion comWetion Original: $ Original Completion Date: Previous CIO's(ADD/DEDUCT): $ Previous CIO's(ADD/DEDUCT): This C.O.(ADD/DEDUCT): S This C.O.(ADD/DEDUCT): Contract Price with all REVISED: approved Change Orders: $ Revised Completion Date: It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein, including all impact,delays,and acceleration costs. Other than the dollar amount and time allowance listed above,there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: By:OWNER(Authorized Signature) Date ACCEPTED: By: CONTRACTOR(Authorized Signature) Date AECOM,Inc. 60283855 / Project Change Number Order No. CO-1 No Name Creek interceptor Sewer-60289867 w R 1A1 A=C®M '`