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HomeMy WebLinkAbout02/13/2012 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . ORDINANCE NO. 5092 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 13, CONDOMINIUM CONVERSION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Chapter 13, Condominium Conversion, of Title 9, Building Regulations, is hereby enacted as follows : TITLE 9 CHAPTER 13 CONDOMINIUM CONVERSION 9-13-1 : CONVERSION OF EXISTING STRUCTURE TO HORIZONTAL PROPERTY REGIME (CONDOMINIUM) : When all of the owners of real property or all of the lessees under a lease of real property desire to submit a parcel of real property located in the city, upon which an existing building or structure is located, to the horizontal property regime established by Iowa Code Chapter 499B, the declarant shall file the declaration of the horizontal property regime with the city building official of the City of Waterloo at least sixty (60) days before the declaration is recorded in the office of the Black Hawk County Recorder, to enable the City to establish that the existing building or structure meets the applicable building code requirements of the city, as specified in Iowa Code Section 499B. 20 and as described in this chapter. 9-13-2 : FILING OF "AS BUILT" PLANS : In compliance with all requirements of Iowa Code Chapter 499B and this chapter, the declarant shall submit to the city building official at the time of filing of the declaration a full and exact copy of "as built" plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of the proposed conversion of the existing structure to the horizontal property regime, together with the applicable condominium conversion fee, in such amount as shall be established from time to time by resolution of the city council. 9-13-3 : COMPLIANCE WITH CITY BUILDING CODE REQUIREMENTS : In order to satisfy the requirements of this chapter, the existing building or structure which is to be submitted to the horizontal property regime must meet all city building code requirements which are in effect as of the date of filing of the declaration with the city building official. Ordinance No. 5092 Page 2 9-13-4 : INSPECTION OF STRUCTURE: Upon the filing of such a declaration with the city building official, the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. 9-13-5: ISSUANCE OF CERTIFICATE OF COMPLIANCE OR NON-COMPLIANCE: Within sixty (60) days of the date of filing of such declaration with the city building official, the city building official shall either: A. Issue to the declarant a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or B. Issue to the declarant a certificate of non-compliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. 9-13-6: FAILURE TO COMPLY WITH CONVERSION REQUIREMENTS: Upon determining that a declarant has filed a declaration with the county recorder without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of non-compliance to the declarant. The declarant will have sixty (60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the 60-day period, the building official shall record a notice of non-compliance in the office of the Black Hawk County Recorder. 9-13-7 : VIOLATION; PENALTY: Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with Section 1-3-2 of this code. INTRODUCED: February 13, 2012 PASSED 1ST CONSIDERATION: February 13, 2012 PASSED 2ND CONSIDERATION: February 13, 2012 PASSED 3RD CONSIDERATION: February 13, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of February, 2012, and approved by the Mayor on the 13th day of February, 2012 . rnest G. Clark, Mayor ATTEST : uzy Sc ares, CMC City Clerk Ordinance No . 5092 Page 3 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5092, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of February, 2012 . Witness my hand and seal of office this 13th day of February, 2012 . SEAL uzy Sches, CMC City Cle k Amended Council Agenda Items Council Meeting Monday, February 13, 2012 � r Add employment position appointment 1 b18. Recommendation of appointment of Tony Pauley, to the position of Operations Supervisor, effective at a mutually agreed upon date. Submitted by Mark Rice, Public Works Director 1 (( L r d , THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE �` CITY HALL COUNCIL CHAMBERS, 5:30 P.M. 6rA4 ;N-t 10130) MONDAY, FEBRUARY 13, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs 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 current 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(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 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. Roll Call. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. February 13, 2012 Page 2 Agenda, as proposed or amended. Minutes of February 6, 2012, Regular Session, as proposed. 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: n 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the 1 City Clerk. 2. Request of Crystal Kennedy for tax exemptions on improvements totaling $150,000.00 for property located at 208 E. 8th Street and located in the 1/4 Consolidated Urban Revitalization Area. Submitted by Christopher Western, Planner 11 3. Request of Jason Guthrie for tax exemptions on improvements totaling $180,000.00 for property located at 5826 Summerland Drive and located in the 1 � City Limits Urban Revitalization Area (CLURA). Submitted by Christopher Western, Planner H b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Lieutenant Firearms Instructor Johnston, April 5, $265.00 Campbell Recertification Iowa 2012 Course 2. Officer Moore Interview and Johnston, March $281.86 Interrogation Iowa 5-9, 2012 3. Officer Ullom Methamphetamine Johnston, March $146.66 Investigations Iowa 20-22, 2012 4. Officer Wessels, Criminal Street Johnston, March $365.00 Officer Gann, Gang Identification Iowa 13-15, Officer Sullivan and Interdiction 2012 February 13, 2012 Page 3 5. Lieutenant Iowa Association of Burlington, March $1,040.00 Campbell, Women Police Iowa 26-27, Sergeant Ludwig, Conference 2012 Officer Stratton, Officer Hoelscher, Officer Blakeman 6. Sergeant Devine Introduction to the Lawrenceville, March $2,470.00 Science of Friction Georgia 18-24, Ridge Examination 2012 7. Officer Pohl ICAC NationalAtlanta, April 13- $2 000.00 Convention Georgia 19, 2012 8. Sergeant Richter, Suarez Searsboro, April 21- $1,120.00 Officer Girsch International Point Iowa 22, 2012 Shooting Progressions Course 9. Sergeant Farmer, 2012 USPCA K9 Clinton, Iowa April 9- $1,160.00 Officer Bose, Narcotics 11, 2012 Officer Bovy Recertification Trials 10. Captain Mohlis; Internal Affairs Johnston, February $428.00 Lieutenant Iowa 28-29, Carrier 2012 Class C Beer License Permit Application 11. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 12. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Red Lobster #6267, 941 E. San Marnan (Renewal) (Expires 3/10/13) (Includes Sunday Sales) Class E Liquor License Permit Application 14. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 15. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) February 13, 2012 Page 4 Class B Wine License Permit Application 16. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday ` Sales) 17. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) PUBLIC HEARINGS 2. San Marnan Traffic Monitoring System Project . Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. 1�0 Resolution confirming approval of specifications, bid document, form of contract, etc. f',' Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review. Submitted by Sandie Greco, Traffic Operations Superintendent 3. Request of Iowa Community Credit Union,f/k/a Watel Credit Union for the sale and conveyance of a portion of city-owned property generally located at 218 West Mullan Avenue for $50,000.00. �/� Motion to receive and file proof of publication of notice of public hearing l`-r HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City V l ✓1 Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 4. Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union for the sale and conveyance of city-owned property _for $1.00, generally located at the northwest corner of Jefferson and West Mullan Avenue for the construction of a 2,500 sq. ft. bank buiidin_q. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING--No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City IAttorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director February 13, 2012 Page 5 RESOLUTIONS 5. Resolution approving Professional Service Agreement with AECOM in the amount of $55,000.00 for professional services in conjunction with CIP I J� Pipe Lining and manhole rehabilitation in the sanitary sewer system along West Airline Highway and west of WCF&N Drive and Broadway Street; and authorize Mayor to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 6. Resolution approving recommendation of award of bid to Stivers Ford of Waukee, Iowa in the amount of $142,926.00 for the Purchase of Six (6) f 3� 2013 Model Year Patrol Cars. Submitted by Mark Rice, Public Works Director 7. Resolution approving Ambulance Services Agreement with Allen Hospice (. � to provide medical transportation of Hospice patients to their facility; and authorize Mayor to execute said document. Submitted by Pat Treloar, Chief of Fire Services 8. Resolution approving request to expend funds from the San Marnan TIF in the amount of $23,085.09 for payment to L&H Farms, Ltd, for property purchased for the Ansborough Avenue/Shaulis Road Extension project. Submitted by Noel Anderson, Community Planning 8 Development Director 9. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in { r, conjunction with F.Y. 2010 Riverfront Renaissance Trail - W. 6th Street to W. 18th Street, Contract No. 761; and authorize Mayor to execute said document. Submitted by Jamie Knutson, PE, Associate Engineer 10. Motion approving Change Order No. 1 for a net increase of$13,163.85 for work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and authorize Mayor to execute said document. Submitted by Wayne Castle, PL S, El, Associate Engineer 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $106,560.39 in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer r February 13, 2012 Page 6 . I 12. Resolution approving amendment to the original Development Agreement with Hope Martin Anderson dated February 8, 2010 to change the following: completion date from December 21, 2010 to December 31, ~ i 2012; minimum assessment end date to December 31, 2021; lower rebates to 5 years at 50 percent; and change the Minimum Assessment amount to $877,500.00 on Parcel No. 8813-10-101-034. Submitted by Noel Anderson, Community Planning& Development Director 13. Resolution approving award of FYE2012 hoteVmotel discretionary funding to the following entities in the amounts reflected: Cultural & Arts Department for Amphitheater/Expo Grounds coordinating staff and Oq.� start-up funds in the amount of $30,000.00; Leisure Services for SportsPlex comprehensive marketing plan in the amount of $10,000.00; and Police Department for uniformed police presence at events in the amount of $20,000.00. Submitted by Michelle Weidner, Chief Financial Officer 14. Resolution approving award of FYE2013 hoteVmotel discretionary funding to the following entity in the amount reflected: Waterloo L� Municipal Band in the amount of $20,000.00 for the summer 2012 season. Submitted by Michelle Weidner, Chief Financial Officer ORDINANCES 15. New Condominium Conversion Ordinance Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by Adding a New Chapter 13, Condominium Conversion, of Title 9, Building Regulations Motion suspending the rules. Motion to consider and pass for the second and third time and adopt 5n�� ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator OTHER COUNCIL BUSINESS 16. Motion approving Change Order No. 1 for a net increase of $320.00 for work performed by ATC Associates, Inc. of Waterloo, Iowa in conjunction with Asbestos Survey at 300 W. Mullan Avenue (former Grand Hotel); and authorize Mayor to execute said document. Submitted by Christopher Western, Planner H Febmary 13, 2012 Page 7 17. Request for Proposal for Sans Souci Historic Booklet Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, pians, specifications, form of contract, etc. J�q Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. q5 Resolution setting date of hearing and bid opening as March 12, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Anc A. Schroeder, City Planner 18. Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, pians, specifications, form of contract, etc. -1 Resolution preliminarily approving Request for Proposals, plans, specifications,form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications,form of contract, etc. Submitted by Noel Anderson, Community Planning& Development Director 19. Request for Proposals for Demolition and Site Clearance Services (no rjegulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area) Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. i � Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director February 13, 2012 Page 8 ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 13, 2012 3:30 p.m. - Council Work Session, Culture &Arts Center—Hurwich Room 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Leisure Services Director transmitting retirement of Joseph Traywick Jr., Park Maintenance IV Plumber, effective February 7, 2012, together with recommendation of approval of payout of$568.87 for unused benefits. 2. Communication from Chief of Fire Services transmitting retirement of Jeff Freshwater, Fire Lieutenant, effective February 4, 2012, together with recommendation of approval of payout of$8,202.14 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 10 to Snyder 7 Associates Engineers & Planners in the total amount due of$386.53 2. F Y 2010 Downtown Wayfinding Signage Contract No 783 Pay estimate No. 9 to JDE in the total amount due of$340.00 3. Delane Avenue Detention Area & Preliminarg Plan Development Payment to JDE Engineering in the total amount due of$14,440.00 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-128 RESOLUTION APPROVING APPLICATION WITH CRYSTAL KENNEDY FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $150, 000 . 00 FOR PROPERTY LOCATED AT 208 EAST 8TH STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Crystal Kennedy has submitted an application dated October 10, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $150, 000 . 00 for property located at 208 East 8th Street, more fully described as follows : Lot 7, except the Southwesterly 1 . 5 feet thereof in Block 18 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa; and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa; and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization 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 10-year j partial exemption schedule: i For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% 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 by March 1, 2012 . Resolution No. 2012-128 Page 2 PASSED AND ADOPTED this 13th4st f February, 2012 . . Clark, Mayor ATTEST,: Suzy S hares, CMC City lerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-129 RESOLUTION APPROVING APPLICATION WITH JASON GUTHRIE FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $180, 000 . 00 FOR PROPERTY LOCATED AT 5843 SUMMERLAND DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) , IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Jason Guthrie has submitted an application dated February 7, 2012 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $180, 000 . 00 for property located at 5843 Summerland Drive, more fully described as follows : Summerland Park First Edition Lot 84, 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 improvement 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 improvements on said property were made during the time in which such improvements are 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 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 by March 1, 2012 . PASSED AND ADOPTED this 13th da of February, 2012 . �,1 0 d'I/��J rnest G. Clark, Mayor ATTEST: uzy S ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-132 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY GENERALLY LOCATED AT 218 WEST MULLAN AVENUE TO IOWA COMMUNITY CREDIT UNION, F/K/A/ WATEL CREDIT UNION, FOR $50, 000 . 00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property in the sum of $50, 000 . 00, plus costs, has been made by Iowa Community Credit Union, f/k/a Watel Credit Union, and WHEREAS, a public hearing was held on February 13, 2012, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Iowa Community Credit Union, f/k/a Watel Credit Union, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on February 6, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of Iowa Community Credit Union, f/k/a Watel Credit Union, to purchase real property for the sum of $50, 000 . 00, and costs, be and it is hereby accepted for real property described below: Abutting Land The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one-half (11-�) feet thereof, in "Auditor' s Falls Avenue and Mullan Avenue Plat, " in the City of Waterloo, Black Hawk County, Iowa. 3 . That the City of Waterloo, Iowa convey said parcel of real property to Iowa Community Credit Union, f/k/a Watel Credit Union, by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Iowa Community Credit Union, f/k/a Watel Credit Union. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council . Resolution No. 2012-132 Page 2 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Iowa Community Credit Union, f/k/a Watel Credit Union, upon receipt of the sum of $50, 000 . 00, and costs . PASSED AND ADOPTED this 13th day of February, 2012 . 4estZ(G,. C)�,ark, Mayor ATTEST: �c�_i7_g.J1 uzy Sc ares, CMC City Cl rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-133 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY-OWNED PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND WEST MULLAN AVENUE TO IOWA COMMUNITY CREDIT UNION, F/K/A WATEL CREDIT UNION, FOR $1 . 00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $1 . 00, plus costs, has been made by the Iowa Community Credit Union, f/k/a Watel Credit Union, and WHEREAS, a public hearing was held on February 13, 2012, at 5: 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Iowa Community Credit Union, f/k/a Watel Credit Union, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: I 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on February 6, 2012, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of Iowa Community Credit Union, f/k/a Watel Credit Union, to purchase real property for the sum of $1 . 00, and costs, be and it is hereby accepted for real property described below: Building Site Lot 29, except the Northwesterly ninety (90) feet thereof, in "Auditor' s Falls Avenue and Mullan Avenue Plat, " in the City of Waterloo, Black Hawk County, Iowa. 3 . That the City of Waterloo, Iowa, convey said parcels of real property to Iowa Community Credit Union, f/k/a Watel Credit Union, by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Iowa Community Credit Union, f/k/a Watel Credit Union. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. Resolution No. 2012-133 Page 2 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Iowa Community Credit Union, f/k/a Watel Credit Union, upon receipt of the sum of $1 . 00, and costs . PASSED AND ADOPTED this 13th da of February, 2012 . rnest G. Clark, Mayor ATTEST: Y uzy Sch res, CMC City Cle k Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-134 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH IOWA COMMUNITY CREDIT UNION, F/K/A WATEL CREDIT UNION, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated February 13, 2012, for the sale and conveyance of city-owned property generally located at the northwest corner of Jefferson Street and West Mullan Avenue for $1 . 00, for the construction of a new 2, 500 square foot bank building with a minimum taxable value of $450, 000 . 00, by and between Iowa Community Credit Union, f/k/a Watel Credit Union, 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 13th day of February, 2012 . iEe�'T�G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. 1 RESOLUTION NO. 2012-140 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY MIKE DOLAN CONCRETE & MASONRY, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F. Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804, AND ACCEPTING THE WORK. WHEREAS, Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $106, 560 . 39 in conjunction with the F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804, 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 13th day of February, 2012 . Ernest G. Clark, Mayor ATTEST: zy Sc ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-142 RESOLUTION APPROVING ALLOCATION OF FYE2012 DISCRETIONARY HOTEL-MOTEL TAX GRANT FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following allocation of FYE2012 Discretionary Hotel- Motel Tax Grant Funds, be and the same is hereby approved: Cultural & Arts Department - Amphitheater/ Expo Marketing $30, 000 . 00 Leisure Services - SportsPlex Strategic Marketing $10, 000 . 00 Police Department - Event Overtime $20, 000 . 00 Total Expenditure $60, 000 . 00 PASSED AND ADOPTED this 13th day of February, 2012 . rnest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Clerk i I Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-143 RESOLUTION APPROVING ALLOCATION OF FYE2013 DISCRETIONARY HOTEL-MOTEL TAX GRANT FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following allocation of FYE2013 Discretionary Hotel- Motel Tax Grant Funds, be and the same is hereby approved: Waterloo Municipal Band $20, 000 . 00 Total Expenditure $20, 000 . 00 PASSED AND ADOPTED this 13th day of February, 2012 . Ernest G. Clark, ayor ATTEST : S (:::� k Suzy S ares, CMC City Cl rk Amended Council Agenda Items Council Meeting Monday, February 13, 2012 Add employment position appointment Ib18. Recommendation of appointment of Tony Pauley, to the position of Operations Supervisor, effective at a mutually agreed upon date. Submitted by Mark Rice, Public Works Director 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, FEBRUARY 13, 2012 CITY OF WATERLOO GOALS I. Support economic development efforts that attract, retain and create quality jobs 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 current 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(1)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. Roll Call. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. February 13, 2012 Page 2 Agenda, as proposed or amended. Minutes of February 6, 2012, Regular Session, as proposed. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Crystal Kennedy for tax exemptions on improvements totaling $150,000.00 for property located at 208 E. 8th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher Western, Planner 11 3. Request of Jason Guthrie for tax exemptions on improvements totaling $180,000.00 for property located at 5826 Summerland Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Christopher Western, Planner 11 b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Lieutenant Firearms Instructor Johnston, April 5, $265.00 Campbell Recertification Iowa 2012 Course 2. Officer Moore Interview and Johnston, March $281.86 Interrogation Iowa 5-9, 2012 3. Officer Ullom Methamphetamine Johnston, March $146.66 Investigations Iowa 20-22, 2012 4. Officer Wessels, Criminal Street Johnston, March $365.00 Officer Gann, Gang Identification Iowa 13-15, Officer Sullivan and Interdiction 2012 a February 13, 2012 Page 3 5. [Lieutenant Iowa Association of Burlington, March $1,040.00 ampbell, Women Police Iowa 26-27, rgeant Ludwig, Conference 2012 ficer Stratton, Officer Hoelscher, O cer Blakeman 6. Sergeant Devine Introduction to the Lawrenceville, March $2,470.00 Science of Friction Georgia 18-24, Ridge Examination 2012 7. Officer Pohl ICAC National Atlanta, April 13- $2 000.00 Convention Geor is 19, 2012 8. Sergeant Richter, Suarez Searsboro, April 21- $1,120.00 Officer Girsch International Point Iowa 22, 2012 Shooting Progressions Course 9. Sergeant Farmer, 2012 USPCA K9 Clinton, Iowa April 9- $1,16-0.00 Officer Bose, Narcotics 11, 2012 Officer Bovy Recertification Trials 10. Captain Mohlis; Internal Affairs Johnston, February $428.00 Lieutenant Iowa 28-29, Carrier 2012 Class C Beer License Permit Application 11. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 12. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Red Lobster #6267, 941 E. San Marnan (Renewal) (Expires 3/10/13) (Includes Sunday Sales) Class E Liquor License Permit Application 14. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 15'. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) February 13, 2012 Page 4 Class B Wine License Permit Application 16. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 17. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) PUBLIC HEARINGS 2. San Martian Trak Monitoring System Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review. Submitted by Sandie Greco, Traffic Operations Superintendent 3. Request of Iowa Community Credit Union, f/k/a Watel Credit Union for the sale and conveyance of a portion of city-owned property generally located at 218 West Mullan Avenue for $50,000.00. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 4. Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union for the sale and conveyance of city-owned property _for $1.00, generally located at the northwest corner of Jefferson and West Mullan Avenue for the construction of a 2,500 sq. ft. bank buildin_q. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director February 13, 2012 Page 5 RESOLUTIONS 5. Resolution approving Professional Service Agreement with AECOM in the amount of $55,000.00 for professional services in conjunction with CIP Pipe Lining and manhole rehabilitation in the sanitary sewer system along West Airline Highway and west of WCF&N Drive and Broadway Street; and authorize Mayor to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 6. Resolution approving recommendation of award of bid to Stivers Ford of Waukee, Iowa in the amount of $142,926.00 for the Purchase of Six (6) 2013 Model Year Patrol Cars. Submitted by Mark Rice, Public Works Director 7. Resolution approving Ambulance Services Agreement with Allen Hospice to provide medical transportation of Hospice patients to their facility; and authorize Mayor to execute said document. Submitted by Pat Treloar, Chief of Fire Services 8. .Resolution approving request to expend funds from the San Marnan TIF in -the amount of $23,085.09 for payment to L&H Farms, Ltd, for property purchased for the Ansborough Avenue/Shaulis Road Extension project. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2010 Riverfront Renaissance Trail - W. 6th Street to W. 18th Street, Contract No. 761; and authorize Mayor to execute said document. Submitted by Jamie Knutson, PE, Associate Engineer 10. Motion approving Change Order No. 1 for a net increase of$13,163.85 for work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and authorize Mayor to execute said document. >ubmitted by Wayne Castle, PLS, El, Associate Engineer 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $106,560.39 in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer February 13, 2012 Page 6 12. Resolution approving amendment to the original Development Agreement with Hope Martin Anderson dated February 8, 2010 to change the following: completion date from December 21, 2010 to December 31, 2012; minimum assessment end date to December 31, 2021; lower rebates to 5 years at 50 percent; and change the Minimum Assessment amount to $877,500.00 on Parcel No. 8813-10-101-034. Submitted by Noel Anderson, Community Planning& Development Director 13. Resolution approving award of FYE2012 hotel/motel discretionary funding to the following entities in the amounts reflected: Cultural & Arts Department for Amphitheater/Expo Grounds coordinating staff and start-up funds in the amount of $30,000-00; Leisure Services for SportsPlex comprehensive marketing plan in the amount of $10,000.00; and Police Department for uniformed police presence at events in the amount of$20,000-00. Submitted by Michelle Weidner, Chief Financial Officer 14. Resolution approving award of FYE2013 hotel/motel discretionary funding to the following entity in the amount reflected: Waterloo Municipal Band in the amount of $20,000.00 for the summer 2012 season. Submitted by Michelle Weidner, Chief Financial Officer ORDINANCES 15. New Condominium Conversion Ordinance Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by Adding a New Chapter 13, Condominium Conversion, of Title 9, Building Regulations Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Oficial/Maintenance Administrator OTHER COUNCIL BUSINESS 16. Motion approving Change Order No. 1 for a net increase of $320.00 for work performed by ATC Associates, Inc. of Waterloo, Iowa in conjunction with Asbestos Survey at 300 W. Mullan Avenue (former Grand Hotel); and authorize Mayor to execute said document. Submitted by Christopher Western, Planner H February 13, 2012 Page 7 17. Request for Proposal for Sans Souci Historic Booklet Services for the Hazard Mitigation Grant Program IHMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as March 12, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Aric A. Schroeder, City Planner 18. Request for Proposals for Asbestos Survey Services for the ollowin properties: 320 West 2nd Street and 218 West Mullan Avenue Motion to instruct Community Planning & Development Director to prepare Request for Proposals, pians, specifications, form of contract, etc. .Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. .Resolution preliminarily approving Request for Proposals, pians, specifications,form of contract, etc. .Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications,form of contract, etc. :Submitted by Noel Anderson, Community Planning& Development Director 19. Request for Proposals for Demolition and Site Clearance Services (no e_gulated asbestos-containinq materials) for the following Properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street jS orfs-Plex Area Motion to instruct Community Planning & Development Director to prepare Request for Proposals, pians, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications,form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications,form of contract, etc. Submitted by Noel Anderson, Community Planning& Development Director February 13, 2012 Page 8 ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 13, 2012 3:30 P.m. - Council Work Session, Culture &Arts Center-Huru)ich Room 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Leisure Services Director transmitting retirement of Joseph Traywick Jr., Park Maintenance IV Plumber, effective February 7, 2012, together with recommendation of approval of payout of$568.87 for unused benefits. 2. Communication from Chief of Fire Services transmitting retirement of Jeff Freshwater, Fire Lieutenant, effective February 4, 2012, together with recommendation of approval of payout of$8,202.14 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 10 to Snyder 7 Associates Engineers & Planners in the total amount due of,$'386.53 2. F Y 2010 Downtown Wayfindin Signage,ignage, Contract No. 783 Pay estimate No. 9 to JDE in the total amount due of$340.00 3. Delane Avenue Detention Area & Preliminary Plan Development Payment to JDE Engineering in the total amount due of$14,440.00 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,Cornmunity Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK COUNCIL Council Communication MEMBERS City Council Meeting: February 13, 2012 ..................• Prepared: February 10, 2012 Dept.-Head Signatur-e:-Noel-Anderson, Comm unity-Planning-& - Development Director DAVID JONES # of Attachments: 1 SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and cAROLYN fully execute an amendment to the original Development Agreement with Hope COLE Martin Anderson dated February8, 2010, to change completion Ward 2 g p date from December 21, 2010 to December 31, 2012, change minimum HAROLD assessment end date to December 31, 2021, lower rebates to 5 years at GETTY 50%, and to change the Minimum Assessment amount to $877,500 on parcel Ward number 8813-10-101-034. QUENTM HART Submitted by: Noel Anderson, Community Planning & Development Director Ward 4 RON Recommended City Council Action: Resolution approving amendment WELDER Wards Summary Statement: As you may recall, back in 2010, the City Council BOB approved a Development Agreement with Hope Martin Anderson for the GREENWOOD development of a professional office building and warehouse, in the San Marnan At-Large corridor (northeast corner of Kimball and Highway 20). The building is currently under construction, but has been split off from a larger parcel, as future mini STEVE storage potentially planned for the area will occur at another time. The change in At-Large AHge plans requires some change in the original development agreement: 1. The former project was over $1 million, which would call for tax rebates and "free" land equivalent. The original agreement added in land value, going 4 years at 50%, and a 5th year at 67%. This amendment will change that to 5 years at 50%. 2. The minimum value will change, as noted, from $1,329,976 to $877,500. 3. The completion deadline will change from December 21, 2010 to December 31, 2012. 4. The end date for the minimum assessment agreement will change from December 31, 2019 to December 31, 2021 (or as specified in amendment to a date 10 years at a determined timeline of starting rebates). 5. The amendment also notes the new parcel to be impacted by the development agreement, as the original larger parcel was split for phasing more development lots. CITY WEBSITE: vwvw.ci.waterloo.ia.us WE'RE WORKING FOR YOU! , An Equal Opportunity/Affirmative Action Employer All other terms of the original Development Agreement would remain the same. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The building is a new professional office building in the San Marnan area. The building shows great success in the Highway 20 corridor, joining many other professional office developments in that area. The City of Waterloo continues to prioritize the San Marnan Corridor for edevelftere afe-man be successful in this endeavor. With the overall goal of trying to accomplish the goal of trying to bring new development, staff would support the amendment to the development agreement. i 1 s I 1 i Prepared by Noel Anderson, City of Waterloo,City Hall,715 Mulberry Street,Waterloo, Iowa 50703 phone:319-291-4366,facsimile 319-291-4262 i FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement(the"Amendment")is entered into as of 2012, by and between the City of Waterloo, Iowa("City")and Hope Martin ----,-----Anderson("Company'). - --- -- -- -- - - -- — --- RECITALS I j A. Company is a party with City to that certain Development Agreement and Minimum Assessment Agreement dated February 8,2010(the"Agreement")concerning the ;. development of land as described in the Agreement. B. Company had originally grouped a larger parcel together for future development, but now would request to separate current development from future development on the splitting of the parcels of land. C. The original Development Agreement had an approximate 15,200 sq.ft.office building to be built on the site,with that site having a new taxable value of $1,329,976,creating a tax rebate schedule of had occupancy and completion of the building after that date above, moving the tax rebate schedule back by one year for full rebate value. Therefore it is necessary to move back the dates above for substantial completion from December 31, 2010 to December 31,2012, termination of the Minimum Assessment Agreement by new wording described below,altering the new Minimum Value and rebate schedule for a building under $1 million in value,and by changing the site area covered by the Development Agreement to reflect only the site for which the office building is being built upon. D. All other terms of the Development Agreement would remain the same_ NOW,THEREFORE,in consideration of the mutual promises set forth herein,the parties hereby agree as follows: 1. The Timeliness of Construction wording set forth in Section 4 of the Agreement is hereby amended to read substantial completion by December 31,2012. 2. The Minimum Assessment Agreement,Section 4,wording of the agreement is amended to read as follows: 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit"B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $877,500.00("Minimum Actual Value"). 3. The new rebate schedule,Section 5,shall be 5 years at 50%. 4. Exhibit"B"Minimum Assessment Agreement. Section 1,the new Minimum Actual Value shall be$877,500 for the office building/warehouse on parcel number 88-13-10-101-034. Exhibit"A" shall be amended to reflect this new legal description of said parcel 1 number. The date for substantial completion shall also be amended in this section to read December 31,2012. j 5. Exhibit"B"Minimum Assessment Agreement. Section 2 is amended to read as follows: 2. The Minimum Actual Value herein established shall be of no further force and effect,and this Minimum Assessment Agreement shall terminate,on December 31,2021,or on i December 31 of the year that is ten(10)years after the effective i date of the property's Minimum Actual Value. Nothing herein shall j be deemed to waive the Company's rights under Iowa Code§ 403.6,as amended,to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event,however, shall the Company seek or cause the reduction of the actual value j assigned below the Minimum Actual Value established herein during the term of this Agreement. i The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full,commencing with the assessment of January 1,2022 for the Property,or,as applicable,January 1 immediately following the timeline of effective date of - -- - -- property's-Minimum ActualValue as noted above: IN WITNESS WHEREOF,the parties have executed this First Amendment to i - Development-Agreement bylheir-duly authorize d-representatives as-of the date first set forth -- — — — - ' above. t HOPE MARTIN ANDERSON CITY OF WATERLOO,IOWA By: �� gy; ! Hope actin Anderson Ernest G. Clark, Mayor { By: j Suzy Schares,City Clerk i i 2 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 e• Mayor BUCK CLARK COUNCIL MEMBERS •••••••••••••• Council Communication City Council Meeting: February 13, 2012 Prepared: February 9, 2012 DAVID JONES Dept. Head Signature: Hotel/Motel Discretionary Funding Committee Ward 1 Number of Attachments: Applications available in CFO's office for review CAROLYN SUBJECT: Hotel/Motel Discretionary Grant Applications COLE Ward Submitted by: Michelle Weidner, CFO�� HAROLD GETTY Recommended Action: Approve the award of hotel/motel discretionary p p Ward 3 funding to the following entities in the amounts reflected below. The current QUENTrNM. available balance for this fiscal year is $73,553.78. HART Ward 4 Summary Statement— Committee Funding Recommendations: FYE2012 Funds: RON 1. Cultural & Arts Department —Amphitheater/Expo Marketing $ 30,000.00 WELPER 2. Leisure Services — Sp g 9 ortsPlex Strategic Marketing 10,000.00 Ward 5 3. Police Department— Event Overtime 20,000.00 BOB Total $ 60,000.00 GREENWOOD At-Large FYE2013 Funds: 1. Waterloo Municipal Band $20,000.00 STEVE SCHMITT At-Large Expenditure Required: $60,000 FYE2012 and $20,000 from FYE2013 Source of Funds: Hotel/Motel Discretionary Funds Policy Issue: N/A Alternative: N/A Background Information: N/A w CITY WEBSITE:www.cityofWaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature:—/' # of Attachments: 1 SUBJECT: Condominium Conversion Submitted by: Craig Clark Building Official Recommended City Council Action:Approval of new condominium conversion ordinance. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: The addition of this ordinance would require that all apartments (existing structures)would have to be converted to meet the current code at the time of filing. State law 499B is a State requirement that gives local jurisdiction on the authority to verify the condominium conversions meet code. This ordinance would make it a Municipal infraction and give local citizen direction. I ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 13, CONDOMINIUM CONVERSION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Chapter 13, Condominium Conversion, of Title 9, Building Regulations, is hereby enacted as follows: TITLE 9 CHAPTER 13 CONDOMINIUM CONVERSION 9-13-1: Conversion of Existing Structure to Horizontal Property Regime (Condominium): When all of the owners of real property or all of the lessees under a lease of real property desire to submit a parcel of real property located in the city, upon which an existing building or structure is located, to the horizontal property regime established by Iowa Code chapter 499B, the declarant shall file the declaration of the horizontal property regime with the city building official of the City of Waterloo at least sixty(60) days before the declaration is recorded in the office of the Black Hawk County Recorder, to enable the City to establish that the existing building or structure meets the applicable building code requirements of the city, as specified in Iowa.Code ' 49913.20 and as described in this chapter. 9-13-2: Filing of AAs Built@ Plans: In compliance with all requirements of Iowa Code chapter 499B and this chapter, the declarant shall submit to the city building official at the time of filing of the declaration a full and exact copy of"as built"plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of the proposed conversion of the existing structure to the horizontal property regime,together with the applicable condominium conversion fee, in such amount as shall be established from time to time by resolution of the city council. 9-13-3: Compliance with City Building Code Requirements: In order to satisfy the requirements of this chapter, the existing building or structure which is to be submitted to the horizontal property regime must meet all city building code requirements which are in effect as of the date of filing of the declaration with the city building official. 9-13-4: Inspection of Structure: Upon the filing of such a declaration with the city building official,the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. 9-13-5: Issuance of Certificate of Compliance or Non-Compliance: Within sixty(60)days of the date of filing of such declaration with the city building official, the city building official shall either: A. Issue to the declarant a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or B. Issue to the declarant a certificate of non-compliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. 9-13-6: Failure to Comply with Conversion Requirements: Upon determining that a declarant has filed a declaration with the county recorder without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of non-compliance to the declarant. The declarant will have sixty(60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the 60-day period,the building official shall record a notice of non-compliance in the office of the Black Hawk County Recorder. 9-13-7: Violation; Penalty: Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk 2 Iowa Code 499B Page 9 of 9 In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor's share of the common expenses up to the time of the grant or conveyance,. without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the council of co-owners or its representatives, setting-Forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth. Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 499B.19] 499B.20 CONVERSIONS TO MEET BUILDING CODES. After April 25, 2000, an existing structure shall not be converted to a horizontal property regime unless the converted structure meets local city or county, as applicable, building code requirements in effect on the date of conversion or the state building code requirements, as adopted pursuant to section 103A.7, if the local city or county does not have a building code. For purposes of this section, if the structure is located in a city, the city building code applies and if the structure is located in the unincorporated area of the county, the county building code applies. Section History: Recent Form 2000 Acts, ch 1142, §4, 5; 2004 Acts, ch 1086, §82 Referred to in § 499B.3 Previous Chapter 499A Next Chapter 500 http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&... 12/29/2011 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&Deveiopment Director CITY OF WATERLOO Council Communication Mayor City Council Meeting: Februa 13 T BUCK CLARK Prepared: February 8, 2012 Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Asbestos Survey Contract - 300 W. Mullan Ave. (former Grand Hotel) - Change Order/Extra Work Order No. 1; additional point sampling on joint compound on walls in hotel DAVID rooms. JONES Ward I Submitted by: Noel Anderson-Community, Planning and Development Director CAROLYN COLE Recommended City Council Action: We recommend that the City Council authorize change/ Ward 2 extra work order to provide additional asbestos survey sampling as outlined in the change/extra HAROLD work order. GETTY Ward 3 Summary Statement The original survey was conducted by August Enterprises in May of 2011. QUENTIN During the asbestos abatement walk through it was suggested that there be additional Point HART Counting samples be taking on overspray on steel beams in roofline of hotel.ATC was selected as Ward 4 lowest bidder to do additional testing for$1,010.00. During a second walk through, it was RON suggested that additional testing be conducted on joint compounds from walls in various rooms of WELPER the hotel. The results revealed that both the overspray and joint compound on walls were asbestos Ward s containing and needed to be removed. The change/extra work order to test the joint compound BOB resulted in a change to the original contract in the amount of$320.00 for a total contract amount GREENWOODof$1,030.00.This change/extra work order will be paid from G.O. General Obligation Bonds. At-Large STEVE Expenditure Required An additional$320.00 to the original low bid of$1,010.00 dollars. SCHMITT At-Large Source of Funds The asbestos removal and demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue Slum and Blight Alternative N/A Background Information: The City of Waterloo purchased the Grand Hotel due to it's deteriorating condition at a premier location between downtown Waterloo and the Cedar Valley Techworks site.The City is hopeful this site will bring forth new economic development potential to the area. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 223 East 4t' Street, Suite D Waterloo, IA 50703 www.atcassociates.co m (M%TC 319.233.0441 ASSOCIATES INC . Fax 319.233.3269 September 14, 2011 City of Waterloo Christopher Western 715 Mulberry Street Waterloo, IA 50703-5783 Re: Asbestos Survey Services—Limited Survey—Change Order#1 Grand Hotel Asbestos Survey Sample Point Counting Waterloo,IA ATC Proposal No. 353.41010.0003 Dear Mr. Western: At your request we have collected four additional joint compound samples from the walls of various rooms in the Grand Hotel. We will provide a 24 hour rush analysis turn around on the samples, and provide a report of the findings. The cost of these additional services will be $320.00, and will be performed under the same terms and conditions as the original investigation. We thank you for taking the time to and effort to consider our proposal. If you have any questions regarding this proposal or require further information or clarification, please do not hesitate to contact me at(319)233-0441. Thank you again for your consideration. Sincerely, ATC ASSOCIATES INC. 41 14� > � Scott Hanson, PE Gaylen Hiesterman, CGP Project Manager Project Manager Please sing below to i to ur a e e of this change order. Name(signatrej`'i� Name(print): Title: Date: -`� IMA 223 East 4th Street, Suite D (!"%TCWaterloo, IA 50703 www.atcassociates.com 319.233.0441 ASSOCIATES INC . Fax 319.233.3269 August 12, 2011 City of Waterloo Christopher Western 715 Mulberry Street Waterloo, IA 50703-5783 Re: Asbestos Survey Services—Limited Survey Grand Hotel Asbestos Survey Sample Point Counting Waterloo,IA ATC Proposal No. 007.2011.0283 Dear Mr. Western: ATC Associates Inc. (ATC) is pleased to present this proposal to provide a limited pre- demolition asbestos survey of the former Grand Hotel in Waterloo, Iowa. We understand that an initial survey of the property was performed and materials appeared to have been identified as asbestos containing. Our survey will involve collecting samples of the suspect materials identified on the attached RFP document and analyzing the collected sample by point counting methods. The purpose of point counting is to further determine if materials that were identified to contain between 1% - 10% asbestos by standard PLM sample analysis during the initial inspection contain less than 1% when analyzed by the more stringent point counting method. This survey is required by the State of Iowa prior to any renovation or demolition of these types of properties. ATC's proposal includes a field survey, by an Iowa-licensed inspector, sampling, laboratory analysis,preparing a survey report with recommendations. QUALIFICATIONS AND EXPERIENCE ATC is a privately held full-service environmental consulting firm with over sixty (60) branch offices nationwide. To address our client's needs, ATC provides services in building sciences (e.g., asbestos, lead paint, indoor air quality), environmental management, geotechnical/construction materials testing, analytical laboratory, and training. ATC provides asbestos, lead, and hazardous materials assessment, quantification, training, and remediation consulting services to a variety of public and private sector clients. ATC's asbestos and hazardous material consulting services include site inspection, hazard assessment, project design, monitoring of abatement contractor activity, and training. Our asbestos group is highly experienced in conducting building surveys, inspections, and assessments as well as designing technical removal and demolition specifications and associated drawings. In addition, ATC's affiliated laboratories are fully EPA and American Industrial Hygiene Association (AIHA) accredited to analyze industrial hygiene and environmental samples collected from air, water, soils, and solids. Grand Hotel,Waterloo,Iowa Asbestos Survey ATC Proposal No. 007-2011-0283 SCOPE OF SERVICES ATC will perform the sampling in accordance to standard Iowa regulations at the building site. The sampling will generally include collection and analysis of all identified suspect materials at the locations identified in the RFP. The survey will be performed by Iowa-licensed Asbestos Inspectors and will include the following specific activities: • In accordance to the referenced ASTM standard, samples will be collected of each suspect material and locations identified in the RFP. All samples will be analyzed by point counting method and transmission electron microscopy as appropriate. • A report of ATC's findings including, types of suspect ACM sampled, list of actual types of ACM based on laboratory analysis and tables identifying the location of the samples based on information provided in the RFP. The report will also include general recommendations regarding removal and additional testing that should be performed. Since the initial survey was not performed by ATC Associates, we may not be able to comment on details that were identified during the initial survey. Therefore, our survey and report will be limited to only the collections of materials that were identified as asbestos containing in the RFP and reporting on the results of those samples. Additionally, since the point count analysis will not be performed on the same samples that the original tests were run on there could be some discrepancy with the results. COST PROPOSAL ATC has established the following lump sum based upon the performance of the tasks described above. Below is a breakdown of the costs used to estimate the total project cost. Asbestos Survey and Sample Collection(6 hours @$65/hour) $ 390.00 Asbestos Point Count Analysis (32 samples at$15 per sample) $ 320.00 Project Management and Report Preparation $ 300.00 Total Survey Cost $ 1,010.00 v Page 2 Grand Hotel,Waterloo,Iowa Asbestos Survey ATC Proposal No. 007-2011-0283 CONCLUSION AND SCHEDULE ATC is prepared to perform this survey upon receipt of notification to proceed and we understand that this survey is ready to begin immediately if needed. The final report will be submitted within 30 days of given notice to proceed. If this proposal and attached standard ATC terms and conditions are acceptable, please sign and return the attached Client Service Agreement. We thank you for taking the time to and effort to consider our proposal. If you have any questions regarding this proposal or require further information or clarification, please do not hesitate to contact me at(319)233-0441. Thank you again for your consideration. Sincerely, ATC ASSOCIATES INC. 4111g� Scott Hanson,PE Gaylen Hiesterman, CGP Project Manager Project Manager Enclosure NNW Pale 3 a a In 2 Is AUS=U T FN't'i;RPRZS>:S, L.L,c:'_ �� L C4�1) A/07�L 1U4, cyst Clark Street 3bl GtSi Jeff rson, lova 50729--1515 emaI 'auqustentl-Lc@yahoo.coni LC//t - 6D -GOe%H' Te.I/ x : 575/386-347.7 y A-S&S�S J unc O C/-/2/5 GUSM, S �v 7-n-17�' i 1r1�ivT, A- 9/f l�t/lfGe- ON !7hl .TvnlL /, 2-?I/ ��i�/i P2USY�G%7 v� zv jz � �¢/U�I�G/� - S i/LL2G i01:9 J.5 1L.;7j7 } 72T L G4A):5 aim 12 M.,O 82 ASnDntS AA)/, IUSwU25 0/-- ?r�� Std C257/VD,)J701v5: iZ£av1-2 A2 tv77"/4f- 76-57-1Al� Ilv-b IfA/fIGV5�5 1?V 777-1— X102 lZ" Dn1, ;F-kc7-v2�-6 JDx17- GDM;;;z9UdVb ,5y IU K IOAR)D, m 1,4! F120,,✓t -2 /L� FroTo: Date= _I C'dV� O� ZO// page(s): . • 06/01•/2011 17: 33 6416722514 SUPER8 PAGE 02/02 �D a"A,,/L- 3N i 300 ( 5`r►'1r�Gt � Hawk County Building Sketches There is 1 building sketch of parcel 891326201006- nes s[s „ 33 j5 s� �w 57,;(/J iqt of ►�Sl sa ' cZa DT it Gi m-2'S C X /- Y-1 SvrA POOL 56 CONC PA710 [1224] 44 (1029Z] 34 14 _ tON Y-2 MTL CANOPY 34 1140] 16 69 C`a�Y lGv s eP CANOPY 75 11G [4zn) fir + �J s 2lai Zs Cox yAI-ISCSIX 1$ � 45 a za „ �44 n 7 23 1 8 $ 0:5�o v � is�� � CAMPY 31 C9A1T./L1�L �F�7avG : l3 /'DIN'C®IJNi 111�r`�D1�� �_ GonlSVGr�-�2�C.r�t���fv�5 S`I�P�iVC� R.IV\ 101 [)V.t .7aA-1f rV ?e ?t- IJRA o 6-1) 10Y 'iE-1c7v�Jk J�<t�a7T TD Sf1�rc�"/LflLr� Tf�iry�TYiP��j l2,nA I ov oVti DnAc 7D 7/ R,R (2A pnn 7-W3 MIL-VRA"'( IAJ ?Irl -C/fASt,� C z) 9,f-,'A zq-5 T4 sc 1171_ tl ry S n�� /!�G 5o rem 7A vet C�) 1?1v1 (L!l --fx rule S r �r/LrJGK-rpt/� 3 rvN?(_44 TY,N(rj ► foJ(krJEk, /-a-CC454 TD ?00-t'-' ?A 2,FEL' p'R 005) fLf9q 7.4-( -11C`F 2`,- r�.K r`tlVL 71� LoAg 9 5AM N� s Vvtm5 r,O F►25-r FLDO a-- i-zo g l3y B ) A o ACC 24.A r O -L-A( 0 Q"vTO,' t w r L(_ &A,!,j M �1 /k it /hEF i Y�1 5C 5 1 l9 lL 4 i ( �I �t nl Ll v 4-1- 'Tb A P21c,R i1 310 (� 26 W►n C 2t���L in��<Ln��r?(D� rQLCOGJf<vG n /L� tU INV co)t I.J s-r M` ,-n t0 DS (,XXL— 9-ZC1►vw�R tv.3 0-A-0 L '-,R m PvnjG /�-PJ D �7 dvG (YATC CLIENT SERVICE AGREEMENT This AGREEMENT is made this day of 20 11 ,by and between City of Waterloo its employees,officers,directors,subsidiaries,and agents (Client)of the City of Waterloo and ATC GROUP SERVICES INC.dba ATC ASSOCIATES INC.,its employees,officers,directors,subsidiaries,and agents(ATC)at Waterloo,Iowa The parties mutually agree as follows: DESIGNATED REPRESENTATIVES Except as expressly specified otheiwise in writing, the parties designate the following named individuals as their authorized representatives to provide approvals, directives,and permissions, including changes, and to receive notices or other communications under this agreement at the following addresses: ATC:Gaylen Hiesterman CLIENT: PROPOSAL NAME/NUMBER:007.2011.0283 SERVICE ORDER NUMBER: 1. SERVICES TO BE PERFORMED ATC shall prepare a the Service Order. ATC will submit a Change Order to Client proposal and/or a service order for Client. The proposal and/or detailing other reimbursable expenses not.outlined in the Service service order shall describe the work to be performed(Services),the Order,for written authorization prior to billing. location (Site), fees and/or rates to be charged, certain special conditions of performance including equipment,sampling protocols, 5. INSURANCE ATC agrees that it now carries,and will continue and necessary reimbursable expenses. ATC will be authorized to to carry during the performance of any Services under this proceed with the Services(Service Order),when Client indicates its Agreement, Workers'� Compensation and Employer's Liability, acceptance by signing this Agreement. The Service Order, any Commercial General Liability (including Contractual Liability), attachments pertaining to the Service Order, and this Agreement Commercial Automobile Liability, Professional Liability and shall comprise the Contract Document. Contractor's Pollution Liability insurance coverage with limits at or above those described below. 2. ADDITIONAL SERVICES If any additional or different Services are required to complete an existing Service Order, these a.Workers'Compensation(statutory) additional Services shall be set forth in a new Service Order satisfying Employer's Liability all applicable and appropriate requirements including a separate U Each accident $1,000,000 schedule of fees and Services(Change Order). Disease—Each Employee $1,000,000 ■ Disease—Policy Limit $1,000,000 3. COMPENSATION Client will pay ATC for Services and expenses in accordance with the Service Order. ATC will submit b.Commercial General Liability periodic invoices to Client together with reasonable supporting 0 Each Occurrence $1,000,000 documentation requested by Client and a final bill upon completion of Personal and Advertising Injury $1,000,000 its services. Unless otherwise agreed in writing, there shall be no a General Aggregate $2,000,000 retainage. Payment is due within thirty(30)days regardless of whether Products and Completed Client has been reimbursed by any other party. ATC may suspend Operations Aggregate $2,000,000 work;withhold reports and vacate the site without liability if payment is not received. Client will indemnify ATC for all claims concerning c.Commercial Automobile Liability the suspension of work for nonpayment regardless of whether the M Combined Single Limit $1,000,000 claims are by the Client,someone claiming through the client,or by a third party. Client agrees to pay ATC's attorney's fees,and all other d.Errors and Omissions/Professional Liability costs incurred in collecting past due amounts.ATC may from time to Each Claim $1,000,000 time revise its fess and/or rates and advise client either by general Annual Aggregate $1,000,000 notification,or by specific Service Order. e.Contractor's Pollution Liability 4. EXPENSES Unless otherwise stated in the Service Order, Each Claim $1,000,000 Client agrees to pay ATC for its reimbursable expenses,in addition ■ Annual Aggregate $1,000,000 to its fees. Reimbursable expenses are expenditures made by ATC in the interest of the contracted Services. Reimbursable expenses shall 6. OBLIGATIONS OF CLIENT Client warrants that all be billed, and paid, in accordance with the schedule included with information provided to ATC concerning the required Services, is ATC Client Services Agreement 2010 complete and accurate to the best of Client's knowledge. Client agrees Services, the authority and permission of the owner and/or the to advise ATC prior to commencement of the Services, and during occupant of the Site. Client acknowledges that due to the nature of the work,of any hazardous conditions on or near the Site known to some Services unavoidable damage may occur. Client waives its right Client. Client understands that ATC is relying upon the completeness of recovery for such unavoidable damage, and if Client is not the and accuracy of information supplied to it by Client and ATC will not owner of the Site, Client agrees to indemnify and defend ATC independently verify such information unless otherwise provided in the against any claims by the owner and/or occupant for any such Service Order. Client shall be solely responsible for and shall damage. indemnify and hold harmless ATC for any costs, expenses or damages incurred by ATC due to Client's failure to follow Unless otherwise specified in the Service Order, ATC is not liable applicable reporting and governmental requirements. Client will not for damages caused by exploratory demolition or investigation to hold ATC liable if ATC's recommendations are not followed and identify, quantify, or evaluate building materials, systems, and/or waives any claim against ATC,and agrees to defend,indemnify and components not readily accessible to ATC during ATC's hold ATC harmless from any claim or liability for injury or loss that performance of the Services. ATC is not responsible for unforeseen results from failure to properly implement ATC's recommendations. conditions that exist on the Site within building systems that prohibit or deter ATC from gaining access to building materials, systems, 7. STANDARD OF CARE ATC's Services as defined by the and/or components. Service Order shall be performed in accordance with generally accepted industry principles and practices,consistent with a level of 12. SITE CONTROL ATC's testing, observation,or inspection of care and skill ordinarily practiced by the consulting profession the work of other parties on a project shall not relieve such parties of currently providing similar services under similar circumstances at their responsibility to perform their work in accordance with the time the Services were provided. Client agrees to give ATC applicable plans,specifications and safety requirements.Continuous written notice within one(1)year of any breach or default under this monitoring by ATC's employees does not mean that ATC is. section and to provide ATC a reasonable opportunity to cure such observing or verifying all Site work or placement of all materials. breach or default,without the payment of additional fees to ATC,as Client agrees that ATC will only make on-Site observations a condition precedent to any claim for damages. appropriate to the Services provided by ATC and will not relieve others of their responsibilities to perform the work. 8. LIMITATIONS OF METHOD RELIABILITY The Client recognizes and agrees that all testing and remediation methods have 13. TEST AND SAMPLING LOCATIONS Unless otherwise inherent reliability limitations; no method or number of sampling specified in the Service Order, the accuracy of test or sampling locations can guarantee that a condition will be discovered within the locations and elevations will be commensurate only with pacing and performance of a Service Order as authorized by the Client. The approximate measurements or estimates. The Client should retain Client further acknowledges and agrees that reliability of testing or the services of a professional surveyor, if greater accuracy is remediation methods vanes according to the sampling frequency and required. Client will furnish a diagram indicating the accurate other variables and that these factors, including cost, have been location of the Site. Sample locations may also be indicated on the j considered in the Client's selection of Services. ATC's observations diagram. ATC reserves the right to deviate a reasonable distance only represent conditions observed at the time of the Site visit. ATC from the boring and sampling locations unless this right is is not responsible for changes that may occur to the Site after ATC specifically revoked by the Client in writing at the time the diagram completes the Services. is supplied. 9. INTERPRETATION OF DATA ATC shall not be responsible 14. SAMPLES AND EQUIPMENT Unless otherwise specified in for the interpretation of ATC data by third parties,or the information the Service Order or required by law, ATC will not retain any developed by third parties from such data. Client recognizes that samples obtained from the Site.At no time does ATC assume title to subsurface conditions may vary from those encountered at the the samples;all samples shall remain the property of the Client.ATC locations where the borings, surveys, or explorations are made by will,however,sign manifests as agent for Client. ATC and that the data interpretations and recommendations of ATC's personnel are based solely on the information available to All laboratory and field equipment contaminated during ATC's them. Services that cannot readily and adequately cleansed of its hazardous contaminants shall become the property and responsibility of the 10. THIRD PARTY INFORMATION ATC is dependent on Client. The Client.shall purchase all such equipment as an expense of information available from various governmental agencies and the Services, and it shall be turned over to the Client for proper private database fines to aid in evaluating the history of the Site. disposal unless otherwise specified in the Service Order. ATC shall not be liable for any such agency's or database firm's failure to make relevant files or documents properly.available, to 15. ENGINEERING AND CONSTRUCTION SERVICES If the properly index files, or otherwise to fail to maintain or produce Services requested only require geotechnical engineering,subsurface accurate or complete records. exploration,construction materials testing,and or engineering,ATC assumes that there are no hazardous substances or constituents in the 11. SITE ACCESS Client grants or shall obtain for ATC a right of soils or groundwater underlying the Site. ATC's duties and entry to all parts of the Site necessary to complete the requested responsibilities are limited to performing tests and monitoring of Services and unless otherwise specified in the Service Order, it specific construction activities as outlined in the Service Order. represents that it has obtained the applicable permits and licenses for the proposed Services. If Client does not own the Site, Client Unless otherwise specified in the Service Order, any consulting, represents that it has or will obtain prior to the commencement of the testing or monitoring related to environmental conditions,including, Page 2 of 4 (MATC .SSa� ..Es ATC Client Services Agreement 2010 but not limited to hazardous waste, soil or groundwater in ATC's reasonable judgment significantly affects or may affect the k contamination, or air pollutants are not part of ATC's engineering Services provided,the risk involved in providing the Services,or the and construction Services. If it becomes apparent during the field recommended scope of Services, ATC may immediately suspend exploration that hazardous substances or constituents may be work. present,field operations will be terminated without liability. 22. ATC AND. CLIENT INDEMNIFICATION ATC shall indemnify and hold harmless Client against claims, demands, and 16. OPINIONS OF COSTS ATC may provide estimates of costs lawsuits,to the extent arising out of or caused by the negligence or for remediation or construction as appropriate based on available willful misconduct of ATC, in connection with activities conducted data, designs, or recommendations. However, these opinions are in the performance of the Services. intended primarily to provide information on the range of costs and are not intended for use in firm budgeting or negotiation unless The Client shall indemnify and hold harmless ATC from and against specifically agreed to in writing by ATC. claims,demands,and lawsuits,to the extent arising out of or caused 17. SAFETY ATC shall not, unless otherwise specified in the by the negligence or willful misconduct of the Client or other contractors retained by Client in connection with activities Service Order, be responsible for health and safety procedures, conducted in the performance of the Services. construction means,methods,techniques,sequences,or procedures, nor be responsible for the acts or omissions of contractors or other If a dispute arises between the parties resulting in litigation, the parties on the Site. prevailing parry shall be entitled to recover all reasonable-costs incurred.Client agrees that all indemnifications granted to ATC shall 18. UTILITIES Unless otherwise specified in the Service Order,it also be granted to those subcontractors retained by ATC for the is Client's responsibility to mark or furnish the locations of all performance of the Services. underground man-made obstructions at all Sites that the Client owns and/or operates. Client shall indemnify, defend and hold harmless 23. LIMIT OF LIABILITY ATC's total liability for all claims or ATC from and against any claims, losses or damages incurred or causes of action of any kind including but not limited to negligence, asserted against ATC related to Client's failure to mark,protect or bodily injury or property damage, breach of contract or warranty advise ATC of underground structures or utilities. shall not exceed the amounts recoverable from the insurance limits 19. ROOF CUTS Unless otherwise specified in the Service Order, set forth in this Agreement. if roof cuts/samples are required by the Services, it is the 24. CONSEQUENTIAL DAMAGES In no event shall either party responsibility of the Client to make appropriate repairs. If a roofing be liable to the other party for any consequential, incidental, contractor or maintenance personnel selected by Client is not on the punitive, or indirect damages including but not limited to loss of roof to make repairs at the time samples are obtained, ATC may income,loss of profits;loss or restriction of use of property,or any make temporary repairs, which may result in additional charges. other business losses regardless if such damages are caused by ATC personnel are not certified in roofing repair,therefore under no breach of contract,negligent act or omission,other wrongful act,or circumstances,shall ATC be responsible for any water damage to the whether ATC shall be advised,shall have other reason to know,or in roofing system, building, or its contents resulting from ATC's fact shall know of the possibility of such damages. temporary repairs. 20. HAZARDOUS CONDITIONS OR SUBSTANCES The 25. WARRANTY ATC is not a manufacturer. If any equipment is Client acknowledges that ATC has neither created nor contributed to used or purchased by ATC for a Service Order the manufacturer's warranties if any on the equipment are solely those of the the creation or existence of any hazardous,radioactive,toxic,irritant, pollutant, substance or constituent at the Site. All Site generated manufacturer. ATC makes no other representation, guarantee, or hazardous and non-hazardous waste, including used disposable warranty, expressed or implied, in fact or by law, whether of protective gear and equipment,are the property of the Client. merchantability, fitness for any particular purpose or otherwise, concerning any of the goods or Services which may be furnished by Client agrees to indemnify and hold harmless ATC against all claims ATC to Client for injury or loss sustained by any party,including the United States, 26. DOCUMENTS Project-specific documents and data produced from exposure, release, or the presence of any such hazardous, by ATC under this Agreement shall,upon completion of the Service radioactive,toxic, irritant, pollutant, substance or constituent at the Order become the property of Client upon payment of amounts owed Site. This indemnity includes but is not limited to,ATC acting as ATC. ATC shall have the right, but not the obligation, to retain Client's agent to sign waste manifests, allegations that ATC is a copies of all such materials. handler,generator,operator,treater or storer,transporter or disposer under any federal, state or local, law, regulation or ordinance, and 27. RELIANCE Documents and data produced by ATC are not Client's or third party's violation of federal, state or local, law, intended or represented by ATC to be suitable for use.or reliance regulation or ordinance,related to the handling,storage,or disposal beyond the scope or purpose for which they were originally of hazardous substances or constituents attor introduced to the Site, prepared, or for anyone except the Client. Any such unauthorized before or after the completion of the Services. use will be at the Client's or third party's sole risk. 21. RIGHT TO STOP WORK If, during the performance of a 28. THIRD-PARTY CLAIMS Client agrees to pay ATC's costs Service Order, any unforeseen hazardous substance, material, ( element,constituent,condition,or occurrence is encountered which, including reasonable attorney's fees)for defending ATC against any claims that a third party or a regulatory agency asserts against ATC (AXATC Page 3 of 4 A i ES I l ATC Client Services Agreement 2010 related to the Services that were provided to Client. Claims include legal actions by a third party or a regulatory agency that are based No waiver by either party of any default by the other party in the upon the discoveries,findings or conclusions disclosed in documents performance of any provision of this Agreement shall operate as or or reports supplied to Client by ATC. be construed as a waiver of any future default, whether like or different in character. 29. SUBPOENAS The Client is responsible for payment of ATC's time and expenses resulting from ATC's response to ATC is solely responsible for the performance of this Agreement, subpoenas issued by any party,involving any legal or administrative and no parent, subsidiary or affiliated company, or any of its proceeding in which ATC is not named as a party, in connection directors, officers, employees, or agents shall have any legal with any Services performed under this Agreement. Charges are responsibility whether in contract or tort,including negligence. based on fee schedules in effect at the time the subpoena is served. ATC shall not object on Client's behalf to any subpoena, but will ATC ASSOCIATES INC. make reasonable efforts to cooperate with Client if Client chooses to object. BY: 30. TERMINATION OF CONTRACT This Agreement may be PRINTED NAME Gaylen Hiesterman terminated by either party upon seven (7) days written notice provided that any incomplete or unfinished Service Order will TITLE Operations Manager remain in effect until completed, unless otherwise agreed to in writing. In the event of termination or suspension, by the Client, ATC shall be paid for Services performed prior to the termination DATE: date plus reasonable termination and suspension expenses. 31. ASSIGNMENT Neither the Client nor ATC may assign, or CLIENT: transfer its benefits, rights, duties, or interest in this Agreement (Person authorized to execute contracts) without the written consent of the other party. This Agreement shall be binding on and inure to the benefit of the successors and assigns BY of the parties. 32. FORCE MAJEURE Neither Client nor ATC shall hold the PRINTED NAME: other responsible for damages or delays in performance caused by TITLE. uncontrollable events, which could not reasonably have been anticipated or prevented, including but not limited to, acts of God, DATE the public enemy,acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, materially different Site conditions, wars, riots, terrorism, rebellions, sabotage, fires, explosions, accidents, floods, strikes, or other conceded acts of workers, lockouts, or changes in laws,regulations,or ordinances. 33. GENERAL PROVISIONS The captions and headings throughout this Agreement are for convenience only and do not define,limit,modify,or add to the meaning of any provision of this Agreement. If any provision of this Agreement is in conflict with any provision of the Service Order,the terms and conditions of this Agreement shall prevail unless the conflict concerns the scope of Services to be provided. If any provision shall to any extent be deemed invalid,it shall be modified if possible to fulfill the intent of the parties as reflected in the original provision and the remainder of this Agreement shall not be affected. This Contract Document represents the entire understanding between the parties and supersedes any and all prior contracts whether written or oral. Nothing contained in this Contract Document shall be construed to be for the benefit of any persons not a party to this Agreement.No third party beneficiary rights are created. The validity,interpretation,and performance of this Agreement shall be governed by and construed in accordance with the laws of the state in which the Site is located. Any legal action arising out of this' Agreement shall be venued in a court of competent jurisdiction within the state and county of the Site. M Page 4 of 4 TCAi CS taC. 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 Mayor City Council Meeting: 02Z13/12 BUCK CLARK Prepared: 02/08/12 Dept. Head Signature; COUNCIL # of Attachments: MEMBERS .0................. DAVID SUBJECT- Request to preliminarily approve plans, specifications, form of JONES contract, etc., set a date of public hearing, and publish an official notice pertinent to Ward I the taking of bids and request to receive and open the proposals for the Request for CAROLYN Proposal for Sans Soud Historic Booklet Services for the Hazard Mitigation Grant COLE Program (HMGP) Property Acquisition Project, and set the date of hearing and bid Ward 2 opening as March 12, 2012. HAROLD Submitted by: Aric Schroeder, City Planner GETTY Ward 3 Recommended City Council Action:Preliminary approval of the plans, QUENTIN specifications, form of contract, etc. and set a date of hearing and bid opening as HART March 12, 2012. Ward 4 RON Summary Statement: WELPER Ward 5 Expenditure Required; to be determined BOB GREENWOOD Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 At-Large STEVE Policy Issue: Historic Survey required by the Memorandum of Agreement(MCA) SCHMITT between FEMA, SHPO, IHSEMD and the City of Waterloo to mitigate the loss of At-Large historic structures acquired as part of the HMGP Property Acquisition Project Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de-obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15%local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. X5121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such expenses related to work required under a MOA. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions and related work associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a historic survey contract required by the MOA)will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is seeking proposals for preparation and publication of a booklet documenting the historical and architectural significance of Sans Souci Island, and have prepared a Request for Proposal (RFP) and Contract for the work. The MOA called for the Downtown historic survey and creation of a booklet to document the history of Sans Souci Island. A separate RFP was be prepared for the Downtown historic survey work. The RFP provides all the proposal (bid) specifications, terms and conditions, as well as the scope of work and details on the method of evaluation. The RFP calls for a lump sum cost for the work. After a bidder is selected, a contract will need to be executed, and the contract must also be approved by IHSEMD. Please find attached a copy of the Request for Proposal and Contract for Sans Souci Historic Bookelt Services. The document will be available to interested bidders at the office of the Planning and Zoning Department after the City Council preliminarily approves the specifications, bid document, etc., and a date of hearing is set. The proposals would be due to the City Council, opened, and referred to staff for review and recommendation at the March 12, 2012 City Council meeting. CC: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Adam Poll,Associate Planner Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Sen•ices\10-18-11 Council Communication for RFP and Contract for Demo Sen-ices no-RACM Group 2 for HMGP Property Acquisition Project.doc CITY OF WATERLOO , 1 Request for Proposal February 2012 DEVELOP AND PUBLISHFOCUSING ON THE HISTORIC IT SIGNIFICANCE OF SANS SOUISLAND City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by Monday, March 12, 2012 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation 'SEALED RFP FOR SANS SOUCI HISTORIC BOOKLET SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: SANS SOUCI HISTORIC BOOKLET SERVICES Date of Issuance: Monday, February 13, 2012 Deadline for Questions: Monday, March 5, 2012 at 5:00 p.m., Central Time Deadline for Proposal Submittal: Monday, March 12, 2012 at 4:00 p.m., Central Time Submit Sealed Proposal to: SEALED RFP FOR SANS SOUCI HISTORIC BOOKLET SERVICES Address exactly as stated--> --> -4 City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager E-mail Address: aric.schroeder(cD_waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. Further, mathematical errors in individual bid tabulations and/or total bid summations resulting in differing amounts than submitted will, at the sole discretion of the City, be taken into consideration and either waived or considered to be a basis for bid rejection. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR SAN SOLICI BOOKLET-2012 Page 2 of 12 1.4 Proposals will be opened on Monday, March 12, 2012, at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Proposer(s), not to serve as a forum for determining the awarded proposal(s). 1.5 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. 1.6 This project is totally or partially funded by the Federal Emergency Management Administration (FEMA). FEMA may review any work submitted or completed at any time. SECTION 11 INSTRUCTIONS TO PROPOSERS 2.0 The proposal shall include the attached Exhibit "B" Signature Page, Exhibit "C" Bid Tab Page and, Exhibit "D" Bidder Suspension and Debarment Certification, properly completed, and a certificate of insurance as provided in 2.1 below. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in 2.4 below. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 The Proposal must provide a certificate of professional liability (errors and omissions) insurance coverage in a minimum amount of$100,000 per claim and $250,000 annual aggregate, and must maintain such coverage in force at all times during the term of service. For the successful Proposal, the certificate shall name the City of Waterloo, Iowa, its officers and employees as additional insured. 2.2 Reserved. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents -The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". RFP FOR SAN SOUCI BOOKLET-2012 Page 3 of 12 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for twelve (12) months, anticipated to be (April 1, 2012) to (March 31, 2013). 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days' notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". 3.1.2 Government Mandated Contract Provisions — Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause the Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). 3.1.2.1 Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.2.2 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.2.3 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2.1 above, the City may take any one or more of the following steps, at its option: RFP FOR SAN SOUCI BOOKLET—2012 Page 4 of 12 3.1.2.3.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.1.1.1 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.1.1.2 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.1.1.3 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.1.1.4 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.1.1.5 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.1.2.4 Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) 3.1.2.5 Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) 3.1.2.6 Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) 3.1.2.7 Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) 3.1.2.8 City's Reporting Regulations and Requirements. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary for successful and timely completion of the work of the project, including by not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under the Contract. During the term of the Contract and for the ensuing record-retention period, Contractor RFP FOR SAN SOUCI BOOKLET-2012 Page 5 of 12 shall make any nrall project records available upon reasonable request, and iO any event within two (Z) bUSiDOSS days of request, to [|it«. }ovVg Homeland Security and Emergency Management Division (HSEM(]). the Federal Emergency Management Agency (FEK8A). the Comptroller General of the United St8[es, and any other agency of state or federal gOVe[DnleOt, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HK8GPproperty acquisition project, forthepVrpVGe of making audit, examination, excerpts and/or transcriptions. For purposes ofthis section, ^records" means any and all books, docU0nants, papers and records ofany type ornature that are directly pertinent tothe Contract. Contractor agrees to furnish, upon termination Ofthe Contract and upon demand bythe City, copies of all basic notes and Shetchea, charts, cO[DpUtatioOG, and any other data prepared or obtained by the Contractor pursuant to the Contract, without cost and without restrictions nrlimitation a8t0the use relative 10specific projects covered under the Contract. |Dsuch event, the Contractor shall not beliable for the City's use of such documents onother projects. 3.1.2.GPatent Rights and Copyrights. With respect to any discovery orinvention which arises or is developed in the course of or under the Contract, the Contractor is responsible for complying with requirements pertaining to patent rights, as defined bythe awarding agency. With respect toany publication, documents, ordata that arises D[ imdeveloped iOthe course ofOrunder the Contract, the Contractor is responsible for complying with requirements pertaining to copyright, as defined bythe awarding agency. 3.1.2.10 Access to Documents. See Section 3.1.2.8 above. 3.1.2.11 Retention ofDocuments. See Section 3.1.2.8above. 3.1.2.12 Contractor shall comply with all applicable standards, ordero, or requirements issued under Section 300ofthe Clean Air Act (42U.0.C. 1O57/h\). Section 5O8 mfthe Clean Water Act (33U.S.C. 13G8). Executive Order 11738. and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) 3.1.1.13 Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained inthe State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act /PUb. L. Q4-163. 88Stat. 871\. [53 FR 8O78. 8O87. Mar, 11. 1988. as amended at 60 FR 18839, 18645. Apr. 10, 1985]. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted onanot less than monthly basis based on the below intervals and will be paid within forty-five (45) days after receipt ofaDoriginal invoice and after services are delivered and have been accepted. The City. without waving any C|8inna or rightG, shall provide for partial payment based on the following intervals: 25% of Contract complete, 20% payment of Contract amount 5096 complete, additional 20% payment ofContract amount 75% complete, additional 25% payment of Contract amount 9896 complete, additional 3096 payment of Contract amount A 5% retainage shall be held back until all work is complete and accepted and the contract ieclosed out. The City Project Manageroha|| havoau|aauthorityin determining percentage ofcontract completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. RFP FOR SAN 30UQBOOKLET-zO10 Page sof1u 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, aftn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for the development and publication of a booklet focusing on the historic and architectural significance of Sans Souci Island in connection with a Memorandum of Agreement (MOA) to satisfy section 106 responsibilities pursuant to 36 CFR Part 800.6(a) (1) (iii) due to adverse effects of acquisition and demolition of buildings located at 158 Sans Souci Drive, 176 Sans Souci Drive, and 186 Sans Souci Drive, which were determined to be individually eligible for listing in the National Register of Historic Places, and due to adverse effects of acquisition and demolition of homes in the Sans Souci Historic District, which was an eligible historic district. The Signatory parties of the MOA include FEMA, SHPO, IHSEMD, and the City of Waterloo. The properties were acquired and demolished under the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. The executed MOA is included as Exhibit "E". 4.1 Scope of Work The Scope of this RFP is to develop and publish a booklet focusing on the historic and architectural significance of the Sans Souci Island. The booklet shall focus on the inception of Sans Souci Island as a resort community through its development as a year round residential neighborhood until the flood of 2008. The booklet shall include a discussion of architectural styles, residential development patterns and San Souci Island's historic context in the social and economic development of the City of Waterloo. The publication shall include historic photographs, historic images, maps, and more recent photographs. Data previously compiled and included in the Iowa Site Inventory Forms already completed and available through the State Historical Society of Iowa inventory are available for the preparation of the booklet. All images used in the publication will be in the public domain or used with written permission of the owner or copyright holder. The copyright to the booklet will be retained by the City. A credit line shall be provided in the publication as follows: "This project was produced under the terms of a Memorandum of Agreement, pursuant to Section 106 of the National Historic Preservation Act, among the Federal Emergency Management Agency of the Department of Homeland Security, the State Historical Society of Iowa, Iowa Homeland Security and Emergency Management Division and the City of Waterloo, Iowa regarding the demolition of historic properties in Waterloo, Black RFP FOR SAN SOLICI BOOKLET—2012 Page 7 of 12 Hawk County, Iowa. FEMA administered Federal disaster assistance through FEMA'SPublic Assistance Program pursuant to the Robert TStafford Disaster Relief and Emergency Assistance Act for the acquisition and demolition of historic properties damaged 8s aFe5Ult of flooding inJuly 2DO8that resulted iDdeclared disaster DR-1763-|A." Prior to publication, the consultant will submit @ draft of the booklet to the [|itv. FEMA and 8HPO for review and :V[n08[t. The consultant will afford FEMA and GHP[) thirty (30) days to CoOlDleDt on the draft and the COOSU(t8nt Gh3|| make any [8ViSi0OS to the draft booklet recommended byeach. The COngU|t8nt Sh3|| ensure that 8 print [UO Of Up to 500 copies Of 3 48-page 81/2" X 11" landscape format four-color publication will be produced. ODCo published, the City, in consultation with the 8HP{}, will develop 8 list of |OC8| governments, |0c8| and [8gi003| 0UOicip8|' 8ChOO| and university |ib[3[ieS^ Historic Preservation C00Dli3SiODS and Hi8tO[iC8| Societies and shall provide each with acopy Ofthe booklet for their collections. The consultant shall deliver two hundred (200) copies to the SHPO and three (3) copies to FEMA. The consultant shall deliver Twenty-five (25) copies to the Waterloo Historic Preservation COmnniSSiOO. The remaining copies will be retained by the City. the Grout Museum and Silos and Smokestacks. A digital copy of the booklet will be provided to the City and to the Grout Museum and may be used for the City's and the Grout Museum's web based information dissemination. The consultant submitting aproposal for this project DlU8Lb8qUa|ifiedUOdertheOeCnat8ryof the |Ote[i0['S P[0fe8Si003l Qualification Standards for Historian and/or Architectural Historian, Once under contract, the consultant will participate in a kick-off meeting among the City of VVater|OO' the Waterloo Historic Preservation Commission, Iowa Homeland Security and Emergency MQO3g8OleDt Division, FEMA and GHP{} todiscuss the SUCCeS8fVl inlp|eOl8Ot8tiOO of the project. All services must beperformed iOaccordance with all applicable codes and ordinances Ofthe City of Waterloo, |0VV8' accepted standards of the historical profession, GS well as all applicable state regulations. All services are t0beperformed byaperson orentity that meets the Secretary Of the Interior's P[OfeSSi0n8| {]U3|ifiC@tiOD Standards for HiatO[iGOS @Dd/O[ Architectural Historians. 4.2 Silence 0fSpecifications — Commercially accepted practices shall apply tOany detail not covered in this specification and to any omission of this specification. Any omission or question of int8q]nBt8tiOD of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. SECTION METH(][} OF EVALUATION 5,0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive proposal from a Company whose proposal offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Proposer RFP FOR SAN Souo|BOOKLET-zO12 Page onr1z based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Proposal Evaluation Criteria - In general, the proposals will be evaluated based on, but not limited to, the general evaluation criteria stated below and the completeness, clarity and content of the proposal. The following is a partial list of the criteria that may be used in our determination of company responsibility and responsiveness: 5.1.1 Qualifications and Experience 5.1.1.1 Years of Experience of Key Personnel 5.1.1.2 Feedback from References 5.1.1.3 Knowledge and experience with historic booklet writing and publication in conjunction with Iowa Homeland Security and Emergency Management Division, FEMA and SHPO, 5.1.2 Cost Effectiveness 5.1.3 Company Responsiveness to RFP 5.1.3.1 Total scope of services offered 5.1.3.2 Responses to overall proposal and compliance with submission guidelines 5.1.3.3 Proposal presentation (completeness, organization, appearance, etc.) 5.2 Financial terms will not be the sole determining factor in the award. To determine the award the City will use a proposal evaluation method that will enable the City to award a Contract to the Proposer offering services and experience that represents the best overall value to the City. 5.3 Proposal Evaluation Procedures - Proposals will be evaluated using the "Proposal Evaluation Criteria" as listed above. 5.3.1 Each proposal will be evaluated based on the evaluator's experience and judgment of how well the proposal addresses the City's requirements. Each prospective company is assured that any proposal submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and to input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each proposal. 5.3.3 Interviews and/or conference calls may be arranged with representatives of the companies whose proposals are deemed to be within the "competitive range."The purpose shall be the clarification of any aspect of the proposal that is deemed to have a material bearing on arriving at a fair determination of which proposal offers the best overall value. In addition, each Proposer deemed to be within the competitive range may be invited to submit a "best and final offer" if such seems appropriate under the clarifications issued to the provisions and specifications of this solicitation. 5.4 A Proposer's submission of a proposal constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.5 Following the evaluation process, the award process is as follows: 5.51 The evaluators shall determine which Proposer has submitted the best proposal using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be RFP FOR SAN SOUCI BOOKLET—2012 Page 9 of 12 deemed to be created and exist unless and until the City Council adopts aresolution awarding the Contract and authorizes the Mayor tDsign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI FINANCIAL AND NON-FINANCIAL PROPOSAL 6.0 Financial Proposal: This portion Qfthe Company's proposal shall include ONLY the proposed CO8L 6.1 Pricing shall b8submitted iOthe Signature Page and Bid Tab page required hvthe City (Exhibit ''B'' and ^C^) and shall bee Lump sum and inclusive of all expenses ofany type or nature. |f@summary 0fthe bid tabulations differs from the actual amounts shown ODthe tabulation sheets, the figures shown on the bid tabulation sheets shall prevail over the summarized total. 6.2 - This pOdiOO of the p[Op0S@| may be organized in 8 fO[Dl@t d8t8[D7iO8d by the P[OpOS8r. but should include all nO3te[i8|S of the proposal relating to the service proposed, specifications, requirements, detailed service p|@O/tinOe|iO8' experience, qualifications of key proposed personnel and other information of a non-financial nature. Provide alist ofeach proposed staff member vvithO8[ne. tiUwork would perform. P|easep[ovidethe name and address Ofthe printer you intend t0use iO publication Ofthe booklet. |tisalso suggested that you provide @nexample Vf4'CO|Drwork by the proposed printer. 83 The Proposer shall list byname the principal O[ project Dl@O8gG[ iDyOUrCDnOpaOyvVhOVvi|| have direct and continued responsibility for the services provided to the City. This person will serve 8sthe company's first pOiDt-Of-COOtaCtOnall matters dealing with services and the handling of day-to-day activities through the p(@DniDQ and iDlp|eDl8Dt8tiOO pnDCSgS. |Ot8[8Sted companies should provide background and qualifications, highlighting experience with similar projects and demonstrating ways the company provides a high quality 0fcustomer service. 0.4 Proposer shall not make use 0fany subcontractors for the project Un|8sSSUchSubcoOtr3otOr has been approved inadvance bythe City, iDthe exercise Ofthe City's sole discretion. Proposer shall submit such information about any proposed subcontractor as the City may reasonably request. 0.5 Interested companies should provide 8Doutline for project [O@n8geOlent8Ddtaek implementation. P|8ao8 note that timely completion of this project is critical. RFP FOR SAN nouC| BOOKLET-zo1z Page 10m12 SECTION VII GENERAL TERMS AND CONDITIONS . nrother activity done by the Contractor, its employees, | vv The _~. ".` . refers to the wWATERLOO,/ , ur */�nuuu. eubnon$no� � independent tcon8aoNnowndking IOWA throughout these Instructions and Terms and under the direction of ~'^'~' the Contractor or orConditions. GinUady. PROPOSER refers kthe person subcontractor in thepe�urmonceofthis Contract. or company submitting an offer to ue|| its goods or services to the CITY, and CONTRACTOR or O. PROPOSAL REJECTION OR PARTIAL ACCEP- CONSULTANT TANCE -The City reserves the right to reject any or all Pro2. Nupmpooa| shoUba technicalities- ---� - ``ity further�� reserves� "'� ''y'" m �*/»� and ",nna/meo in pmpoou|x, as well as to accepted from, and no Contract will be awarded to, any accept in whole or in part such Proposals whore it is pemon, nnn or corporation that is in arrears Lnthe City deemed advisable in protection of the best interestsinterestscf upon debt orContract, that ivadefaulter, aosurety ur the City. othemvioe, upon any obligation to the Ci1y, or that is deemed irresponsible or unna||ob|e by the City. /f S. PROPOSAL CURRENCY/LANGUAGE - All requested, Proposers shall be required to submit phoenohaU `$' A|| proposal-� satisfactory evidence that they have o practical remain firm for the dumdonnf the Contract --- kno�edQeofthe pa�inu|aroupp�semiuopmpona| and the exchange rate. All pmpoaa| responses prices must that they have the necessary financial resources to submitted inEnglish. provide the proposed supply/service aodescribed inthis Request for Proposal. 10. Payments will be made for all goods/services delivered, inspected and accepted within 3. 45days and onreceipt ofanoriginal invoice. OFFEROR-Any deviation from this specification MUST be noted in d,gai|, and submitted in writing in the 11. MODIFICATION, ADDENDA & INTERPRETATIONS Proposal. Completed specifications should baattached Any ePPoent inconoistenciea, or any matter requiring for any substitutions nffered, or when amplifications are explanation or interpmtahon, must be inquired into by desirable ornecessary. The absence ofthe specification the Proposer in writing at least 72 hours (excluding deviation statement and accompanying specifications weekends and holidays) prior to the time set for the will hold the Proposer strictly accountable to the PmPoeo| opening. Any and all such interpretations or specifications as written herein. Failure to submit this m»difiuoU»»e will be in the form of written addenda. All document of specification deviotion, if app|iunb|e, shall addenda nhoU become part of the Contract documents be grounds for rejection of the item when offered for and shall be acknowledged and dated onthe signature delivery. If specifications or descriptive papers are Page. submitted with Pmpoau|o. the Pmpouer'oname should LAWS AND REGULATIONS - All applicable State of bec|eodyshown oneach dnouman1 12� Iowa and federal laws, ordinances, licenses and 4. COLLUSIVE PROPOSAL ' Tho Proposer certifies that regulations of governmental body having jurisdiction the proposal submitted by said Proposer is don* so shall apply tothe award throughout amthe case may be, without any previous undenstonding, agreement or and are incorporated here byreference. connection with any ponaon, finn, or corporation making a proposal for the same Cuntrsct, without prior 13� ' Nupn�iono�thisPropoom| may h»mm|�dgo o[ competitive p/ioea. and i� io. in alloe subcontracted vMthoutthe prior wh�en approval by respects, fair,without outside control, collusion, fraud or the City. otherwise illegal action. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or - SPECIFICATION CHANGES, ADDITIONS AND proposal offers sent by electronic_devices `-g. facsimile- DELETIONS -All changes in Proposal documents shall machines)are not acceptable andwill be rejected upon be through written addendum. Verbal information receipt. Proposing firms will be expected to allow obtained otherwise will NOT be considered in awarding adequate time for delivery o/ their proposal either by of Proposals. airfreight, postal service,urother means. 0. mpooa|a. amendments 15� CANCELLATION-Bthe'PartYmaycanoe|theawardin thereto, urwithdrawal requests received after the time the event that apetition, either voluntary orinvoluntary, advertised for Proposal uponing, will be void regardless is filed to declare the other party bankrupt or insolvent or ofwhen they were mailed. inthe event that such party makes an assignment for the benefit ofcreditors. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless 10. ASSIGNMENT- Proposer shall not assign this order nr the City ufWaterloo, its officers and employees, the US any monies tobecome due hereunder without the prior Govemment. FEMA. 0avu of /uwa. their agencies and written consent of the City. Any assignment or attempt agents, from any and all claims and damages of every at assignment made without such consent of the City kind and nature made, rendered or incurred by or in shall bevoid. behalf of every person or corporation whatsoever, 17 including the parties hereto and /hair employees that � /^� successful nnn agrees /m` '" ": may arise, occur, orgrow out ofany a�o' actions, work mu� z» »/»a. om«napge. pmmute. demota. orto otherwise discriminate in matters of compensation RFP FOR SAN 8OUC|BOOKLET-an12 Page 11 of 12 against any person otherwise qualified solely because "Iowa Open Records Lave'. By submitting any document of age, race, color, religion, sex, sexual orientation, to the City of Waterloo in connection with a proposal, gender identity, marital status, national origin, the submitting party recognized this and waives any citizenship status,disability,or veteran status. claim against the City of Waterloo and any of its officers and employees relating to the release of any document 18. TAXES-The City of Waterloo is exempt from sales tax or information submitted. and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices Each submitting party shall hold the City of Waterloo before payment is made. and its officers and employees harmless from any claims arising from the release of any document or 19. PROPOSAL INFORMATION IS PUBLIC — All information made available to the City of Waterloo documents submitted with any proposal and the arising from any proposal opportunity. proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the RFP FOR SAN SOUCI BOOKLET—2012 Page 12 of 12 EXHIBIT "A" CONTRACT FOR SANS SOUCI HISTORIC BOOKLET SERVICES This Contract for Sans Souci Historic Booklet Services (the "Contract") is entered into as of 2012, by and between the City of Waterloo, Iowa("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of twelve (12)months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor's request for payment for services authorized under this Contract shall be submitted on not more than a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ except by written amendment as provided herein. 3. Approval, Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor. 4. Reserved. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract,without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland "Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 4 above. 2 H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 4 above. J. Retention of Documents. See Section 4 above. K. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA, State of Iowa, and City, the officials, officers, employees agencies and agents of each, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 3 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder,including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, 4 legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties, This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Sans Souci Historic Booklet Services as of the date first set forth above. CITY OF WATERLOO, IOWA [Contractor Company] By: Ernest G. Clark, Mayor [Contractor Authorized Representative] Date: Date: Attest: Suzy Schares, City Clerk 5 EXHIBIT "' " SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, consisting of the total of the tabulated amounts submitted, not to exceed: $ Amount in written form, not to exceed: The correct summation of actual bid tabulation figures will supersede any amounts shown on this page. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date we choose not to bid at this time but would like to be considered for future requests for bid. 0 N FY m0 < o- 0 (D 0 CL =r, F)' (D (D 0 (D > 0 X C) --C1 00 -0 0 ® 'a (D L< , CD m -0 , 0 (D X 0- =r < (D -0 (D 0 c CD el -0 = 'A 3 :0 3 w CK ((AD 3 1., n -1 (D art --0 :5 rD 0) iw 0• = 1+ n 0 CD w 0- 0* c- 1+ ET = m (A ::� 0 rrup rD 0 cu0-* D u :3 Z ID 0 cr CL cn 0 0 :3 0 W 1+ -0rD — < c�o x- LA 3 C: —, rD CD M M — — M rD — 0 T C) (D 3 0 =) -0 M M c X 3 0 M Vw— Ln 0 m (D 0 as n fA. 0 + 0 --'hz Ln 0 0 a) 0— 0 C:) rD — 0 M CCDCD 0 o LA 0 n Cj) 1+ (A cr ct 0 0 -a 0 0 CD (D ai cu "D + C: (D to (D (D cr X m C) C/) -0 rD r) 0 LA 0 0 CL < m (A 0 (DrD Q 0 ::r Cr cu. :3 (D. m, 0 (D m --l' CL a- M :3 0 0 -o 3. m CL "I — LO ::3• < 0 =r 3 (D e-+ ao 0 0 LnLA rD o V, (D n = C (D -1 2 o 0 3 n Ul Ln X, rr+ M a 0 w — n =3 jo 3 n=3 (D=r IrD 3 c m — " 3 Z)(D 0 o > X rD 0 0 3 r+ 1 o0 ED (D o 3 N4 m M 1+ :3 C) (D— (A 1-4 Ln 0)1 3 (D (A 03 (T) (D X, 0 a- :3 :3 0 > U, (D rt (A Ln 0LA r) 0 0 -,% (DX 0 N M '. E (D 0 CL 0 0 rl) ' * r+ (D 1+ r) z 3 C: 0 0 :3 (D rD c rD (D 0 LA 4j)- :3 0 N m x3 rD m < LM 0 (D cn 3 cr a m 0 m + r 0 Do (D :3 -q+ = < m (D ,+ C) 0 -4 X CL > cu 0- zr OJ r- W 'D (D = .. m Yl CL — m 3 0 CL W ih ih th (D — (A (D (D W =3 n r+ o rD 0 (D 0< C 0 L -0 , cr 0 -< a) aa cu cu '+ < > 0 M M --1 0 Cu 0+ (DZ— > n=r 0 = — O 0 0 0 , CL = :3 3 'LQ- CL CU :3 CU 3 (D EXHIBIT "D" BIDDER SUSPENSION AND DEBARMENT REQUIREMENTS In response to federal law concerning suspension and debarment and in accordance with OMB Guidance in 2 CFR Part 180 and Executive Orders 12549 and 12689, all federally funded projects shall be performed by a qualified bidder. The qualified bidder has been further defined as follows: To be a qualified bidder,the person, corporation,partnership, or firm shall not have been suspended and disbarred from procurement for the Federal Government. The contractor shall provide the City with a certification that they are a qualified bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Bidder Suspension and Debarment Certification" is included below. 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. BIDDER SUSPENSION AND DEBARMENT CERTIFICATION Project Name: DOWNTOWN HISTORIC SURVEY SERVICES Date of Bid Opening: March 12, 2012 To be a"qualified bidder", from the time the bid or proposal is submitted until award of the contract, and thereafter during the term of the contract if the bidder is awarded the contract,the person, corporation, partnership or firm shall not have been, nor shall it be, debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. The undersigned hereby certifies that the bidder(proposer) identified in this certification is a"qualified bidder" as defined above, and the bidder hereby agrees to notify the City of Waterloo immediately if the bidder's status as a"qualified bidder" changes after the date hereof. Company Name: DUNS Number: (Data Universal Numbering System Number assigned by Dun&Bradstreet) Corporate Officer: Title: Date: EXHIBIT "E" MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY&EMERGENCY MANAGEMENT DIVISION, AND THE CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY,IOWA WHEREAS, the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security proposes to administer Federal disaster assistance through FEMA's Public Assistance and Hazard Mitigation Grant Programs pursuant to the Robert T. Stafford Disaster Relief Emergency Assistance Act, 42 U.S.C.§5121-5206 (Stafford Act) through the Iowa Homeland Security&Emergency Management Division(IHSEMD)to the City of Waterloo (the City) for the voluntary acquisition and demolition of residential structures (Undertaking) substantially damaged as a result of flooding in July 2008 that resulted in declared disaster DR- 1763-IA; and WHEREAS, FEMA has determined the buildings located at 158 Sans Souci Drive, 176 Sans Souci Drive, and 186 Sans Souci Drive to be,individually eligible.for listing in the National Register of Historic Places and the Sans Souci Historic District to be a NRI HP eligible historic district in consultation with the State Historical Society of Iowa, State Historic Preservation Office (SHPO) pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act(16 U.S.C, Section 470f); and WHEREAS, FEMA has determined in consultation with the SHPO that the Undertaking will result in Adverse Effects to the historic properties at 158 Sans Souci Drive, 176 Sans Souci Drive, and 186 Sans Souci Drive and to the Sans Souci Historic District; and WHEREAS, FEMA carried out a Phase I-A Archaeological assessment and determined in consultation with the SHPO that although no identified archaeological sites were located within the Area of Potential Effects (APE), there are several prehistoric and historic archaeological sites across the general area of the demolitions and the background research indicated that the APE is located in an area possessing a high potential to contain significant archaeological sites; and WHEREAS, FEMA and the SHPO have agreed that prior to any demolition activities, FEMA will require the City to contract a Phase I Archaeological Reconnaissance Survey of the APE with funds provided by FEMA and administered through IHSEMD; and WHEREAS, FEMA and the SHPO will review the results of the Phase I Reconnaissance Survey and will establish treatment measures based on the results of the survey; and WHEREAS,FEMA has notified the Advisory Council on Historic Preservation(ACHP) regarding its intent to prepare a Memorandum of Agreement(MOA)to satisfy its Section 106 responsibilities pursuant to 36 CFR Part§800.6(a)(1), and the ACNP has declined to participate, pursuant to 36CFR§800.6(a)(1)(iii); and WHEREAS, FEMA has invited IHSEMD as the Grantee and the City as the Sub-grantee to be signatory parties to this MOA; and WHEREAS, FEMA, in consultation with the SHPO, has invited the Waterloo Historic Preservation Commission, the Silos and Smokestacks National Heritage Area, Main Street Waterloo, and Preservation Iowa to concur in this MOA, as provided by 36 CFR §800.6(c)(3); and WHEREAS, all references to time periods in this MOA are in calendar days and month, and notices and other written communications may be submitted by e-mail; and NOW, THEREFORE, FEMA, SHPO, IHSEMD, and the City agree that they shall implement the Undertaking in accordance with the following stipulations in order to mitigate the effects of the Undertaking on historic properties. To the extent of its legal authority and in coordination with the SHPO, IHSEMD, and the City, FEMA will require that the following measures are implemented; STIPULATIONS I. Mitigation Measures: FEMA shall provide funds through IHSEMD to the City, who shall carry out the following measures: A. Complete a reconnaissance and intensive level historic and architectural survey for the Waterloo downtown business district on the east and west sides of the Cedar River i. The City will award the contract to the consultant of the City's choice, provided that the consultant is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. ii. The consultant shall use as a guide the following geographic parameters when conducting the reconnaissance and intensive level historic architectural survey (survey areas are identified by yellow boundary lines drawn on maps in Appendix A, attached): a) West of the Cedar River roughly bounded on the west by West 2nd Street, on the south by Bluff Street, on the east by West 6th Street and on the north by Commercial Street east of West 5th Street, the Cedar River between West 5d' Street and West Park Avenue and by Cedar Street west of West Park Avenue b) East of the Cedar River an irregular area beginning at East 4th Street and the Cedar River 1) proceeding east along the river to East 81h Street 2) north to Sycamore Street 3) west to East 5th Street Waterloo Memorandum of Agreement Page-2-of 18 4) north to Walnut Street 5) west to East Park Avenue 6) south to Franklin Street 7) west to East 3rd Street 8) south to Mulberry Street 9) west to East 2nd Street 10)south to Lafayette Street 11)east to East Park Avenue 12)south to a point midblock, south of Sycamore Street 1.3)west and north to Sycamore Street to capture the building in the southeast quadrant of Sycamore Street and East Park Avenue 14)east to East 4th Street 15)south to the beginning point at the Cedar River c) East 4th Street between Mulberry Street and the Cedar River will be omitted from the reconnaissance survey and documentation provided by Tallgrass Historians, L.C. will be incorporated into the survey report iii. The consultant shall prepare a Multiple Property Documentation (MPD) form for the business district in accordance with NRHP requirements and Iowa SHPO standards. It should identify and explain historic contexts for the surveyed area and historic district(s), identify potential boundaries for eligible historic district(s), and evaluate and list the contributing and noncontributing status of resources within potential districts. iv. The consultant shall submit the draft MPD form to the City, FEMA, and the SHPO for review and comment and shall make any revisions to the draft MPD recommended by each. v. If the consultant identifies a historic district eligible for NRHP listing on the west side of the Cedar River, the consultant shall prepare a district nomination. If all Signatories of the MOA agree that the properties on the west side do not constitute a NRHP-eligible historic district, the consultant shall prepare up to six (6) nominations to the NRNP for structures identified in the reconnaissance survey as individually eligible for listing in the NRNP but which are located outside the boundaries of any historic district identified in the survey. vi. Should more than six structures outside the boundaries of an eligible Historic District be identified, the Waterloo Historic Preservation Commission, in consultation with FEMA and the SHPO, shall establish the priority for determining which nomination(s)will be prepared. vii.The consultant shall submit the draft nomination(s) to FEMA and the SHPO for review and comment. The consultant will be expected to attend the State National Register Committee meeting and make any revisions recommended by that body or the National Park Service after the SHPO has submitted the final nomination(s). Waterloo Memorandum of Agreement Page-3 -of 18 B. Produce a booklet on the historic and architectural significance of Sans Souci Island i. The City will award the contract for researching and writing the document to the consultant of the City's choice, provided that the consultant is qualified under the Secretary of the Interior's Professional Qualification Standards for Historian and/or Architectural Historian as determined by FEMA. ii. The City will include in their contract with the consultant a clause requiring the consultant to assign the copyright of the booklet to FEMA. iii. FEMA will issue a license to the City for the indefinite right to reproduce the booklet. iv. Parameters of the research will include the inception of Sans Souci Island as a resort community through its development as a year round residential neighborhood until the flood of 2008, a discussion of architectural styles, residential development patterns and San Souci Island's historic context in the social and economic development of the City of Waterloo. v. The contractor shall illustrate the narrative with historic photographs, maps and related images and graphics. vi. All images used in the publication will be in the public domain or used by written permission of the owner or copyright holder. vii. Prior to printing, the consultant will submit a draft to the City, FEMA, the SHPO for review and comment. viii. The City, FEMA, and the SHPO's comments will be incorporated into any revisions. ix. A print run of 500 copies of a 48-page 8'/2" x I I" landscape format four-color publication will be produced. x. The City, in consultation with the SHPO, will develop a list of local governments, local and regional municipal, school and university libraries, Historic Preservation Commissions and Historical Societies and shall provide each with a copy of the booklet for their collections. xi. The consultant shall deliver two hundred (200) copies to the SHPO and three (3) copies to FEMA. xii. The consultant shall deliver Twenty-five (25) copies to the Waterloo Historic Preservation Commission. The remaining copies will be retained by the City, the Grout Museum and Silos and Smokestacks. Waterloo Memorandum of Agreement Page-4-of 18 xiii. A digital copy of the booklet will be provided to the City and to the Grout Museum and may be used for the City's and the Grout Museum's web based information dissemination. C. Salvage of Architectural Material i. Following acquisition of the properties, the City, if it chooses to do so, in consultation with FEMA and the SHPO, will identify significant architectural features to be removed from the properties. ii. The City, if it chooses to salvage architectural elements from acquired properties, in consultation with FEMA and the SHPO, will attempt to identify a private or public not-for-profit local or regional historic preservation or architectural salvage organization interested in receiving a donation of the architectural features. The organization may sell the architectural features to the general public for the specific purpose of raising funds to support future historic preservation or salvage/reuse activities in the region. iii. The City shall realize no financial gain from the transfer of architectural features to the historic preservation/salvage organization or from any subsequent sale. Any income derived by the City from the sale of architectural features would be considered project income to be deducted from proceeds of federal funding under Hazard Mitigation Grant Program or Public Assistance Programs. iv. If architectural features are to be salvaged, the identified historic preservation/salvage organization will be responsible for removing the identified architectural features prior to the scheduled demolition of an individual property and for storing the architectural elements salvaged from the properties in a secure location off site. v. The City may retain any salvaged architectural features for educational purposes in a display of Waterloo's architectural history. D. Steps, Terraces and Walkways i. The City will retain in situ the laid stone steps, terraces, and walkways on Sans Souci Island. 11. Post Review Discoveries A. The City's demolition contractor shall immediately cease project activities in the vicinity of the discovery should previously unidentified archaeological sites or unanticipated effects be discovered during implementation of the project. Personnel should take all reasonable measures to avoid or minimize harm to the archaeological find(s) and/or avoid or minimize further unanticipated effects. Waterloo Memorandum of Agreement Page-5-of 18 B. The person or persons encountering such properties or effects shall immediately notify FEMA and the SHPO at 515-281-8743. Construction in the area of such sites or effects shall not resume until the requirements of 36 CFR §800.13(b)(3) have been met. III. Anticipatory Actions A. FEMA shall not grant assistance to the City should the City, or those acting on its behalf, engage in anticipatory actions with the intent to avoid the requirements of this MOA or Section 106 of the National Historic Preservation Act significantly adversely affecting an historic property to which the assistance would relate or, having legal power to prevent it, allow such significant adverse effect to occur. B. After consultation with the SHPO and ACNP, however, FEMA may determine that circumstances justify granting such assistance despite the adverse effect created or permitted by the Sub-Grantee and shall complete consultation for the Undertaking. IV. Duration of Agreement A. This agreement will be null and void if its terms are not carried out within twenty-four (24) months of the date that it has been executed. B. If any signatory to this MOA determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR part 800.6(c)(7)and 800.6(c)(8). V. Dispute Resolution A. If any objection or dispute should arise within the time frame provided by this MOA to any plans, specifications, or actions provided for review pursuant to this MOA, FEMA will consult further with the objecting party to seek resolution. B. If FEMA determines that the dispute cannot be resolved, FEMA shall forward all documentation relevant to the dispute to the Council in accordance with 36 CFR §800.11(e), including FEMA's proposed resolution of the dispute. Within thirty (30) calendar days after receipt of all pertinent documentation, the ACNP will either: i. Advise FEMA that it concurs with FEMA's resolution to the dispute. ii. Provide FEMA with recommendations, which FEMA will take into consideration in reaching a final decision regarding the dispute; or iii. Notify FEMA that it will comment pursuant to 36 CFR §800.7(c), and proceed to comment. Any comment provided will be taken into consideration by FEMA in accordance with 36 CFR §800.7(c)(4)with reference to the subject of the dispute. Waterloo Memorandum of Agreement Page-6-of 18 C. Any recommendation or comment provided by the ACHP will be understood to pertain only to the subject of the dispute, and FEMA's responsibility to fulfill all actions that are not subject of the dispute will remain unchanged. D. Failure to fulfill the terms of this MOA requires that FEMA again request the ACHP's comments in accordance with 36 CFR §800.7. E. If FEMA cannot fulfill the terms of this MOA, it shall not take or sanction any action or make any irreversible commitment that would result in an adverse effect with respect to eligible or listed historic properties covered by this MOA or that would foreclose the ACHP's consideration of modifications or alternatives to the Undertaking that could avoid or mitigate the adverse effect until the comment process has been completed. V1. Amendments Any signatory to this MOA may propose to FEMA that the MOA be amended whereupon FEMA will consult with all signatories to the MOA to consider such an amendment. 36 CFR §800.6(c)(1) shall govern the execution of any such amendment. The signatures of all the signatories shall be required for any amendment hereto to be effective. VII. Termination of Agreement A. If any signatory or invited signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other parties to attempt to develop an amendment per Stipulation VII above. B. If within thirty (30) days an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the Undertaking, FEMA must either (a) execute an MOA pursuant to 36 CFR §800.6 or (b) request, take into account, and respond to the comments of the ACNP under 36 CFR §800.7. FEMA shall notify the signatories as to the course of action it will pursue. V111. Execution of the Memorandum of Agreement Execution of this MOA by FEMA and implementation of its terms are evidence that FEMA has taken into account the effects of the Undertaking on historic properties, and that FEMA has satisfied its responsibilities under the NHPA and its implementing regulations. Waterloo Memorandum of Agreement Page-7-of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY& EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY,IOWA EXECUTED: SIGNATORY PARTY FEDERAL EMERGENCY MANAGEMENT AGENCY By:--- Date: Kenneth Sessa Regional Environmental Officer FEMA Region V11 Waterloo Memorandum of Agreement Page-8-of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETYY OF IOWA, IOWA HOMELAND SECURITY& EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA SIGNATORY PARTY STATE HISTORICAL SOCIETY OF IOWA By: Date: 2 Zp0 Barbara A. Mitchell Deputy State Historic Preservation Officer Waterloo Memorandum of Agreement Page-9-of18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY&EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA INVITED SIGNATORY PARTY IOWA HOMELAND SECURITY& EMERGENCY MANAGEMENT DIVISION Z�I r-14&�L '"""" Date: Dennis Harper State Public Assistance Officer Waterloo Memorandum of Agreement Paae- I0-of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY&EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA INVITED SIGNATORY PARTY CITY OF WATERLOO By: A. ]late: Ernest G. Clark Mayor Waterloo Memorandum of Agreement Page- 11 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA) IOWA HOMELAND SECURITY&EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO, BLACK HAWK COUNTY,IOWA CONCURRING PARTY WATERLOO HISTORIC PRESERVATION COMMISSION By: Date: Patrick Berry Chair Waterloo Memorandum of Agreement Pave- 12-of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY& EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA CONCURRING PARTY MAIN STREET WATERLOO By: . Date:Date• `3° "4 5!(0 Sindee Kleckner Executive Director Waterloo Memorandum of Agreement Page- 13 -of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY &EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA CONCURRING PARTY SILOS AND SMOKESTACKS NATIONAL HERITAGE AREA By: Date: Donald P. Short---' President Waterloo Memorandum of Agreement Pap- 14-of 18 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE HISTORICAL SOCIETY OF IOWA, IOWA HOMELAND SECURITY&EMERGENCY MANAGEMENT DIVISION AND CITY OF WATERLOO REGARDING THE DEMOLITION OF HISTORIC PROPERTIES IN WATERLOO,BLACK HAWK COUNTY,IOWA CONCURRING PARTY PRESERVATION IOWA By _ �5 Date: ' h f 0 Rod Scott President i Waterloo Memorandum of Agreement Page- 15-of 18 APPENDIX A: MAPS OF AREAS SUBJECT TO INTENSIVE RECONNAISSANCE AND INTENSIVE LEVEL HISTORIC AND ARCHITECTURAL SURVEY Waterloo Memorandum of Agreement Page- 16-of 18 .g a O O r { � K yg i �I K� s r. e UQ Ell a SA it! w , �Y t a+r N CL nes � �y 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: Februar 13 012 Mayor Prepared: February 8 201 BUCK CLARK Dept. Head Signature.— COUNCIL ------------ # of Attachments: MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and DAVID ES request to receive and open the bid proposals for asbestos survey services for properties Wad I located at 320 W. 2nd Street, and 218 W. Mullan Avenue. CAROLYN Submitted by: Noel Anderson-Community Planning& Development Director COLE Ward_7 Recommended City Council Action: Resolution setting date of hearing as February 20, HAROLD 2012 to approve Request for Proposals for Asbestos Survey Services at 320 W. 2n1 Street GETTY and 218 W. Mullan Avenue and instruct City Clerk to publish notice. Ward 3 ' QUENTIN Summary Statement: The City of Waterloo will be demolishing the Iowa Community HART Credit Union building at 320 W. 2nd Street and the former Happy Chef building at 218 W. Ward 4 Mullan Avenue in preparation of the future Sports Complex. State laws require that all RON asbestos containing material be removed prior to demolition. I WELDER Ward 5 Expenditure Required: To be determined BOB GREENWOODSource of Funds: G.O. At-Large STEVE Policy Issue: Cedar Valley Sports-flex SCHMITT At-Large Alternative: N/A Background Information: cc:NOEL C.ANDERSON,Community Planning&Development Director CITY WEBSITE: www6waterloo,ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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 Mayor Council Communication BUCK City Council Meeting: Febru 13 2012 CLARK Prepared: February 8, 20 12 Dept. Head Signature: COUNCIL # of Attachments: it MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., DAVID set a date of public hearing, and publish an official notice pertinent to the taking of bids ,TONES and request to receive and open the proposals for the Request for Proposal for Demolition Ward 1 and Site Clearance Services (no regulated asbestos-containing materials) for 212, 302, 306- CAROLYN 308 312 Jefferson Streets and 319 W 2nd Street(Sports-Plex Area) COLE Lard 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD GETTY Recommended City Council Action:Preliminary approval of the plans, specifications, Ward 3 forms of contract, etc. and set a date of hearing and bid opening as February 20, 2012. QUENTIN HART Summary Statement: These properties are located in the area where the Cedar Valley Ward 4 Sport-Plex is to be built. The asbestos abatement has just recently been completed as of RON Tuesday February 7. Staff is now preparing for demolition of the structures. WELPER T ara s Expenditure Required: to be determined BOB GREENWOODSource of Funds: G.O. At-Large STEVE Policy Issue: Cedar Valley Sports-Plex SCHMITT At-Large Alternative: N/A Background Information: CC: Noel Anderson,Community Planning 6c 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 OF WATERLOO , IOWA Request for Bid February 2012 DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] 212 Jefferson, 302 Jefferson, 306.308 Jefferson, and 312 Jefferson Streets, 319 W. 2nd Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal and disposal 212, 302, 306-308, 312 Jefferson Street and 319 W. 2nd Street. All bids must be received in a sealed envelope in City Hall (date and time stamped) by Monday, February 20, 2012 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES -SPORTS COMPLEX AREA, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES-SPORTS COMPLEX AREA Date of Issuance: Monday, February 6, 2012 Deadline for Bid Submittal: Monday, February 20, 2012 at 4:00 p.m., Central Time Walk Thru Date: Wednesday, February 8, 2012 at 1:30 p.m. Central Time Submit Sealed Bid to: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Address exactly as stated-> i City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner/Project Manager E-mail Address: chris.westernp_waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 2 of 11 1.4 Bids will be opened on Monday, February 20, 2012 at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bid results will not be given over the telephone. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1 .1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 3 of 11 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents -The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for Thirty (30) Days, anticipated to be from (February 27, 2012) to (March 28, 2012). 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 4 of 11 from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 5 of 11 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for 212 Jefferson, 302 Jefferson, 306-308 Jefferson, and 312 Jefferson Streets and 319 W. 2nd Street; the future Downtown Sports Plex area. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structure and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its ding and performance under the contract. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 6 of 11 SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 7 of 11 RECEIVED FEB 1 0 2012 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 218/2012 Effective Date: 2/7/2012 Employment Date: 10/17/1985 To: City Council Membenc Re: Notice of Severance Department LEISURE SERVICES Job Title/Classification PARK MAINTENANCE IV-PLUMBER This is to report that the employment of JOSEPH TRA YWICK JR. with the City of Waterloo has been severed by reason of: 21 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefifs Tota/Hours (x)Hourly Rate Total Payout Vacation-Accrued 21 $ 24.68 $ 518.28 Vacation-Current $ _ Usable Sick Leave 8 $ 24.68 (x)25% $ 49.36 Frozen Sick Leave (x)60% $ - Personal Hours $ Comp Time Pay 0.05 $ 24.68 $ 1.23 Unscheduled Leave $ _ Other Pay $ _ Total Payment $ 568.87 Comments: Approved by Date 218/2012 Human Resources F" U 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 6/28/11 Council Agenda Date:_ 2/13/2012 ❑ Accruals ❑Status ❑-9 RECEIVED P3 0 7 2012 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Ira) • • • Today's Date: 20342 Effective Date: 204%12 Employment Date: log 4 r To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification { This is to report that the employment of Jeff Freshwater with the City of Waterloo has been severed by reason of: Q Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ 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 27.62 $ 22.76 $ 628.63 Vacation-Current 288 $ 22.76 $ 6,554.88 Usable Sick Leave -36 $ 22.24 <800.64> Frozen Sick Leave 94 $ 29.47 (x)60% $ 1,662.11 Personal Hours 4.6 $ 22.24 $ 102.30 Holiday Time Pay 12 $ 22.24 $ 266.88 Unscheduled Leave $ Uniform Allowance 262.50-50.48 <212.02> Total Payment $ 8,202.14 Comments: Approved by- Date by" Date 4 Human Resour f �V 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 6/28/11 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Council Work Session February 13, 2012 3:30 p.m. Culture &Arts Center—Hurwich Room Roll Call. Approval of Agenda, as proposed or amended. 1. Downtown and Riverfront Project Update—Presented by Vandewalle & Associates. ADJOURNMENT Suzy Schares City Clerk A . ORDINANCE COMMITTEE February 13, 2012 4:50 p.m. Council Chambers Roll Call: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. NEW BUSINESS 1. New Condominium Conversion Ordinance Submitted by Craig Clark, Building Official/Maintenance Administrator. ADJOURNMENT Suzy Schares City Clerk r' CITY OF WATERLOO Ordinance Committee Communication City Council Meeting: February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature: # of Attachments: 1 SUBJECT: Condominium Conversion Submitted by: Craig Clark Building Official Recommended City Council Action:Approval of new condominium conversion ordinance. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: The addition of this ordinance would require that all apartments (existing structures)would have to be converted to meet the current code at the time of filing. State law 499B is a State requirement that gives local jurisdiction on the authority to verify the condominium conversions meet code. This ordinance would make it a Municipal infraction and give local citizen direction. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 13, CONDOMINIUM CONVERSION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Chapter 13, Condominium Conversion, of Title 9, Building Regulations, is hereby enacted as follows: TITLE 9 CHAPTER 13 CONDOMINIUM CONVERSION 9-13-1: Conversion of Existing Structure to Horizontal Property Regime (Condominium): When all of the owners of real property or all of the lessees under a lease of real property desire to submit a parcel of real property located in the city, upon which an existing building or structure is located,to the horizontal property regime established by Iowa Code chapter 499B, the declarant shall file the declaration of the horizontal property regime with the city building official of the City of Waterloo at least sixty(60) days before the declaration is recorded in the office of the Black Hawk County Recorder, to enable the City to establish that the existing building or structure meets the applicable building code requirements of the city, as specified in Iowa Code ' 499B.20 and as described in this chapter. 9-13-2: Filing of AAs Built@ Plans: In compliance with all requirements of Iowa Code chapter 499B and this chapter, the declarant shall submit to the city building official at the time of filing of the declaration a full and exact copy of"as built"plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of the proposed conversion of the existing structure to the horizontal property regime, together with the applicable condominium conversion fee, in such amount as shall be established from time to time by resolution of the city council. 9-13-3: Compliance with City Building Code Requirements: In order to satisfy the requirements of this chapter,the existing building or structure which is to be submitted to the horizontal property regime must meet all city building code requirements which are in effect as of the date of filing of the declaration with the city building official. 9-13-4: Inspection of Structure: Upon the filing of such a declaration with the city building official, the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. 9-13-5: Issuance of Certificate of Compliance or Non-Compliance: Within sixty(60) days of the date of filing of such declaration with the city building official,the city building official shall either: A. Issue to the declarant a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or B. Issue to the declarant a certificate of non-compliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. 9-13-6: Failure to Comply with Conversion Requirements: Upon determining that a declarant has filed a declaration with the county recorder without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of non-compliance to the declarant. The declarant will have sixty(60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the 60-day period,the building official shall record a notice of non-compliance in the office of the Black Hawk County Recorder. 9-13-7: Violation; Penalty: Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk 2 Iowa Code 499B Page 9 of 9 Ina voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor's share of the common expenses up to the time of the grant or conveyance,. without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the council of co-owners or its representatives, setting'-ofth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth. Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 499B.191 499B.20 CONVERSIONS'-TO` MEET. BUILDIN—GCODES. After April 25, 2000, an existing structure shall not be converted to a horizontal property regime unless the converted structure meets local city or county, as applicable, building code requirements in effect on the date of conversion or the state building code requirements, as adopted pursuant to section 103A.7, if the local city or county does not have a building code. For purposes of this section, if the structure is located in a city, the city building code applies and if the structure is located in the unincorporated area of the county, the county building code applies. Section History: Recent Form 2000 Acts,, ch 1142, §4, 5; 2004 Acts, ch 1086, §82 Referred to in § 499B.3 Previous Chapter 499A Next Chapter 500 http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&... 12/29/2011 HUMAN K, E,SOURCES COMMITTEE 4:55 p.m. Monday,February 13,2012 City Council Chambers 715 Mulberry Street Waterloo,Iowa 50703 Roll Call Ron Welper, Chairperson Quentin Hart Carolyn Cole Approval of Agenda 1. Request from Waste Management Services Superintendent for authorization to begin the Civil Service process for Waste Services Technician and make an appointment. 2. Request from Public Work Director for authorization to make an appointment to the position of Operations Supervisor from a current Civil Service list. Adjournment Suzy Schares City Clerk RECEIVED JAN 312012 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES • 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 • • LARRY N.SMITH SUPERINTENDENT Mayor BUCK CLARK Committee Communication COUNCIL Human Resources Committee Meeting: /6/2012 MEMBERS Prepared: 1/30/2012 Dept. Head Signature: vJ DAVID # of Attachments: JONES Ward CAROLYN SUBJECT: Waste Services Technician COLE Ward 1 Submitted by: Larry N Smith Superintendent WMS HAROLD GETTY Recommended City Council Action: Requesting authorization to initiate the Civil Service GYard 3 process to fill a position of Waste Service Technician at the Waste Management Services QUENTIN Department. Upon approval of a certified list by the Civil Service Commission, I also propose HART to request approval of an appointment from that list directly to Council. Ward 4 RON Summary Statement W ELPER Ward s Expenditure Required BOB GREENWOOD Source of Funds At-Large STEVE Policy Issue SCHMITT At-Large Alternative Background Information: This position replaces a vacant Waste Service Technician due to a retirement in October 2011. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Committee Communication Human Resources Committee Meeting: February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Request from Public Works Director to make an appointment from the Current Civil Service List for Street Department Operations Supervisor Submitted by: Mark Rice, Public Works Director Recommended City Council Action: NA Summary Statement: Appointment is to fill Operations Supervisor position Expenditure Required Source of Funds: Road Use Tax Policy Issue Alternative Background Information: Appointment is to fill Street Department Operations Supervisor position. FINANCE COMMITTEE February 13, 2012 5:00 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of February 6, 2012. NEW BUSINESS Travel Requests Name& Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed 1. Steve Carey; one instructor Confined Space Rescue Albert City, February $582.50 Class (24 hour) Iowa 14-16, 2012 2. Nancy Gulick, Community Program Manager's Austin, April 15- $3,040.00 Development Coordinator; School Texas 18,2012 Mark Boesen, Rehab Manager 3. Wayne Castle, Associate Iowa Water Ames, Iowa March 6- $490.00 Engineer; Phillip Schuppert, Conference 7, 2012 Storm Water Specialist 4. Captain Mohlis; Lieutenant Internal Affairs Johnston, February $428.00 Carrier Iowa 28-29, 2012 5. Approval of request to receive sealed bids to dispose of old and obsolete hand tools and 1985 snowmobile—Submitted by Rick Curran, Leisure Services Facilities Manager. 6. Pre Authorizations to Expend over$1,000.00 Dept. Amount+Est. Expenditure SIH Building/Maintenance $1,701.30 For installation of carpet in old legal offices of City Hall Building/Maintenance $3,600.00 Closed system corrosion treatment for boiler at Five Sullivan Brothers Building/Maintenance $94.00 Home Show promotional item (Menards Impact Drill) from Bldg Dept-a drawing to-attract and engage people in discussion of codes &general construction items Clerk/Finance $2,300.00 InfoTronics Employee Time and Attendance System software for the City's timeclocks Clerk/Finance $27,825.79 2011 Waterloo City election expense Human Rights $279.75 .Teff Schott, Director of the Institute of Public Affairs at the UniversitL of Iowa,to train our commissioners Leisure Services $1,200.00 Labor and material to paint duct work at Gates Pro Shop, lower area Leisure Services $3,550.00 Amended–fencing, including a cage top. A top is needed on the fencing cage. Parking Maintenance $2,673.00 + Transport assembly repair for the pay-in-lane machine $33.60 BUDGET LINE ITEMS TO BE AMENDED 7. Authorization to increase Line Item 3350 (fed grant) and Line Item 1346 (Travel/training) in the amount of $10,000.00—Submitted by Community Development Department. S. Authorization to increase Line Item 3000 (cash on hand) and Line Item 1319 (other prof.) in the amount of$5,893.88—Submitted by Planning&Zoning Department. 9. Approve the project budget for the EPA Brownfields Hazardous Assessment grant in the amount of$200,000.00—Submitted by Planning&Zoning Department. 10. Approve the project budget for the EPA Brownfields Petroleum Assessment grant in the amount of$200,000.00—Submitted by Planning &Zoning Department. 11. Approve the project budget to use the Brownfields clean up Revolving Loan fund for the environmental site assessment at 1001 Linden--Submitted by Planning & Zoning Department. 12. Approve the project budget for the hotel-motel discretionary grant made Cultural & Arts for marketing in the amount of$10,000.00—Submitted by Cultural&Arts Department. BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED TRAVEL• ST FY +�BUDGETED `/oy oGam? CITY OF WATERLOO EXPENDED YTD T!-tIS.��IEST j S� ' LEFT AFTER THIS REQUEST � � DATE Original-Clerk/Finance Copy-Department E(s) AND POSITION(S) DATE: Steve Carey plus 1 instructor February 6, 2012 NAME OF CLASS/MEETING: DESTINATION: Albert City, IA Confined Space Rescue Class(24 hour) DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: =February MEETING: February 14, 2012 February 1-4, � 16, 2012012 PURPOSE OF TRAVEL/TRAINING: To teach Confined Space Rescue class for Albert City's Valero Plant. A second instructor will be needed on Thursday, February 16, 2012 as the class will increase from 10 to 18 students. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-12-1415-1345 240.00 LODGING TAXI X GRANT REIMBURSABLE 95.00 MEALS PARKING YES NO REGISTRATION AIRFARE X REQUIRED CERTIFICATION 247.50 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 582.50 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST IS , CESSARY AND BENEFICIAL TO THE CITY 0 A O DEPARTMENT HEAD MAYOR 4�2- 41 - ()-- DATE v DATE KAShared GoodiesTorms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED a,'��.-V �c�l,:�75 13�!�' TRAVEL REQUEST FY Tdi BUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUESTG�CfC DATE 7�;7( r-7 Poo a Orifi--Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE: !Nancy Gulick, Community Development Coordinator 2-3-2012 Mark Boesen, Rehab Manager NAME OF CLASS 1 MEETING: DESTINATION: Austin, TX Program Manager's School DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 15, 2012 April 18, 2012 April 16-18, 2012 PURPOSE OF TRAVEL: Mandatory Program Managers School-Lead Grant WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE X AIRFARE DEPARTING FROM: Waterloo-Expedia on 2-2-2012 $465 ESTIMATE OF COST: BUDGET LINE ITEM: 224-32-5853-1346 900 LODGING 150 TAXI X GRANT REIMBURSABLE 440 MEALS 50 PARKING YES NO BGLED TRVL 0 REGISTRATION 1,400 AIRFARE X REQUIRED CERTIFICATION 0 MILEAGE/FUEL 100(bags) MISC/TOLLS YES NO Mandatory for Lead Grant TOTAL FOR ALL: $ 3040 TOTAL: $ 1520 PER PERSON I BELIEVE THIS TRIP S BLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSAR ND EFIC LTO THE CITY OF T 0 DEPARTMENT HEAD MAYOR DATE DATE J:\NANCY-G\trave1\Trave1 Request Foran Austin 2-2-2012.doe FINANCE DEPT. STAFF ONLY LINE ITEM USED _ f� f)7 'f rS�• �aG� TRAVIEL REQUEST FY �eBUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUEST ��.L LEFT AFTER THIS REQUEST /3t ?CTLi DATEJ164) Original-Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE Wayne Castle, Associate Engineer February 8, 2012 Phillip Schuppert, Storm Water Specialist NAME OF CLASS I MEETING: DESTINATION: Ames, IA Iowa Water Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S)OF MEETING: March 6, 2012 March 7, 2012 March 6—7, 2012 PURPOSE OF TRAVEL/TRAINING: To attend Iowa Water Conference 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: 521-07-7830-1346 100.00 LODGING TAXI X GRANT REIMBURSABLE 90.00 MEALS PARKING YES NO 300.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 490.00 TOTAL: $ 245.00 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 e S�� DEPARTMENT HEAD MAYOR Fel�u,ury 8, 2012 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 � v - LINE ITEM USED 010-11-1100-1346 L REQUEST FY_2012_BUDGETED CITY OF WATERLOO EXPENDED YTD THISREQUEST LEFT AFTER THIS REQUEST DATE -,SGI/2- Original-Clerk/Finance ' Copy-Department NAMIE(S)ANN POSITION(S): DATE: Captain David Mohlis&Lt. Alan Carrier February 6,2092 NAME OF CLASS I MEETING: DESTINATION: Johnston, Iowa Internal Affairs DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: February 28,2092 February 29,2092 February 28-29,2092 PURPOSE OF TRAVEL: - Captain Leibold is requesting authorization to send Captain Dave Mohlis and Lt,Alan Carrier to the Internal Affairs course on February 28-29,2092 at the Iowa Law Enforcement Academy in Johnston, Iowa. This 2-day course will teach the process on how to conduct Internal Affairs Investigations. The cost of registration is$950.00 per Officer and will require lodging for one night and meals at the law Enforcement Academy.A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $50.00 LODGING TAXI x GRANT REIMBURSABLE $28.00 MEALS PARKING YES NO $300.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGEIFUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 428.00 TOTAL: $ 294.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF TERLOO DE'ARJA4ENT HEAD MAYOR c--2^ 5 ^� DATE DATE CITY OF WATERLOO Committee Communication Finance Committee Meeting: February 13, 2012 Prepared: February 6, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: DISPOSAL. OF EQUIPMENT NO LONGER Ili SERVICE Submitted by: Rick Curran, Facilities Manager Recommended City Council Action: Request permission to dispose of old and obsolete hand tools and 1985 snowmobile. Sealed bids will be taken. Summary Statement: Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: Scrap or Landfill. Background Information: Clean out of old hand tools from construction shop. 1985 Ski-Doo Snowmobile is no longer used. Replaced by 2010 Snowmobile for cross-country trails. Approximate value totaling$200.00. Ctty Clerk Use only + Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maint Department to expend $ 1,701.30 plus est.shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: For installation of carpet in old legal offices of City Hall Vendor selected for this purchase: Floor Decor ® Bids or written quotes were taken on this purchase, as follows: Floor Decor $1,701.30 Flooring Gallery $1,900.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund EI Road Use Tax 1-1 Sewer F] Sanitation ® Bonds EI FederaUother grants El Other(specify) This expenditure is to be coded to the following budget line-item: 410-22-8800-2152 (Fund - Department-Activity-Account number) (Project Code) in which the budgeted amount is $ '�2 0V0 and the current available balance is $ ��f •�� Respectfully submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date KAshared goodiesWormsTre-Auth-5Sul Bros Drill-As(Mar 2010) City Clerk Use Only Finance Committee Approval Date My of Watefloo E;Kpendoture Pre-Authcrazatocn Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maint Department to expend $ 3,600.00 plus est.shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: Closed system corrosion treatment for boiler at Five Sullivan Brothers Vendor selected for this purchase: Jaytech Bids or written quotes were taken on this purchase, as follows: ® Bids or quotes were not taken on this purchase because: Vendor provided these chemicals for other boiler at Five Sull Bros Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ® General Fund EI Road Use Tax 1-1 Sewer F1 Sanitation EI Bonds EI Federal/other grants FJ Other(specify) This expenditure is to be coded to the following budget line-item: 010-22-6860-1382 (Fund- Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ t- and the current available balance is Respectfully submitted, r (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date KAshared good ies\forms\Expenditu re Pre-Authorization.xis(Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo _ Expenditure Pre-Auth®rizafion Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maint Department to expend $ 94.00 plus est.shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: Home Show promotional item (Menards Impact Drill) from Bldg Dept-a drawing to attract and engage people in discussion of codes & general construction items. Vendor selected for this purchase: Menards Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: None needed Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ® General Fund F-I Road Use Tax El Sewer El Sanitation 1-1 Bonds El Federal/other grants 1-1 Other(specify) This expenditure is to be coded to the following budget line-item: 010-22-5100-1549 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 3(00 and the current available balance is $ 3(l0`% Respectfully submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date KAshared goodies\forms\Expenditure Pre-Authorization.xls(Mar 2010) City erc se n y Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Cor6mittee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Clerk/Finance Department to expend $ 2,300.00 plus est.shipping costs of $ 0.00 to pay for or purchase InfoTronics Employee Time and Attendance System software for the City's timeclocks This purchase or expenditure is being made because: This is the renewal of the Annual Service Agreement for the period 4-1-12 to 3-31-13 Vendor selected for this purchase: Bids or written quotes were taken on this purchase, as follows: LX Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ® General Fund F—I Road Use Tax F] Sewer Sanitation F] Bonds II FederaUother grants F—] Other(specify) This expenditure is to be coded to the following budget line-item: 010-03-8400-1321 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 180,000.00 and the current available balance is $ 86,591.77 Respectfully submitted, �1 ( mac/�2_ (Signature Dep Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared good ies\fo rms\Expenditure Pre-Authorization.As(Mar 2010) T--IvTVi�1 .. MIDTWST 'UtoLmated T_!r2 urstn-i[f DC-1IY2A= TFA,STG,st�, !? d �CaVrr e4T»VVL:t,1+CGGL 7Q- o- . -1 -_-� L . nV V 7 —✓n-;rUJ '"JV ,ll = � �.�. } `.Zn�+-Q`ZQ? T.�+s �:�.7 ` 'iQr,•-277^ ` J 11JVV !3933 2(1_z � J:.'J�JtJV JJJ� '12YC1L2 Date 02)/01,12 Due G e DUe Daae: 0.211 Salesperson: Toad h.eese P'T T iri:T A rll L' i L 1.rrn s u Cirt. TiT i y- C (4 is nF TITrnr v � Cf Fr_LGL lCC v L,l i._� Vi rFuoi.c.L vlr� V v T )15 _Mfulucri Z it T `71� ii%�luer-17 F :Z D!J V Waterloo, terlcoj ItAZ 9070-1 'LDT.L 0FP(_lt erl0CS IA 50 70 34 _ ` J Q G Q -4323 ^J2 J --------Y--------------------- ----------- "chip Via: Ii'_ - UPS Te_ms: Dl.+'.e on receipt i n. 'O : Sh41D-2 ng Ute= e nce T.r�rF+-�l LIG-Vi-- _ Y �3 l�ctfc'r Glia.... . nl uuuL �.rcL 4?�,c T� -----------y--------------------------------------- Ln. De-scLrip,�.on Price Q.u.,n LZt-r uhi ped Lwin o � A.t' :gra�.c�.�u1Vn --'j------------------------------1_---_--_--1-----_----1----_--- J Anr.i:oI C -r� ce 'a = r y on r11Ts+—^ 2 �tln nn nliit ver•Y_\.. in JVV. V V nivT.ronics _kt-tend'4nce Pro 101010 M/TT Softwrarc FY��{ V i-i, f a 1 TT19n0MTermj.q' VVVE' 1GLtttLi_"•lj and / A 1 F.,€e�.:.-.TTii::e. - All Depot C,-,�_Tyri � -n T/ t'iVdemiG nl De et {JG i. .Z�.,e LV cCvcr the cr4o from aj 1 12 tC ✓j Q1 -------------------------------------------------------- FCr Y V ut ..Cliv cl'iieiice wG ievrF _uaccept c dC_ o n �.c .� L . v�0 MCRl an. 2300 . n � �n uuicc uv � . �0 mota1 �- 4JVli . V V City Clerk Use Only Finance Committee Approval Date City ®f Waterloo Expenditure lire-Authorization- Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Clerk/Finance Department to expend $ 27,825.79 plus est. shipping costs of $ to pay for or-purchase 2011 Waterloo City Election Expense This purchase or expenditure is being made because: this is the cost of the November 8, 2011 Waterloo City elections Vendor selected for this purchase: Bids or written quotes were taken on this purchase, as follows: ® Bids or quotes were not taken on this purchase because: Black Hawk County conducts the elections Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: ® General Fund EI Road Use Tax EI Sewer EI Sanitation El Bonds 1:1 Federal/other grants EI Other(specify) This expenditure is to be coded to the following budget line-item: 010-03-8400-1780 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ n ` and the current available balance is $ 600 V Respectfully submitted, (Signature [Wept. Head or Designee) Date (Signature Finan e Dept. Review) Date KAshared good ies\formslGENERAL.Expenditure Pre-Authorization.xls(Mar 2010) COUNTY AUDITOR AND COMMISSIONER OF ELECTIONS GRANTVEEDER KYLE 7ENSSON­Elections Manager ELECTIONS AND VOTER REGISTRATION DIVISION Phone (319)833-3007 . BLACK HANK COUNTY Fax (319)833-3119 316 E.5m STREET ROOM 210 E-mail electiom@co.blackEhawk.ia"vs WATERLOO,IOWA 507034774 January 31, 2(T12 Suzy Schares, City Clerk City Hall 715 Mulberry-St Waterloo IA 5070-3 'SUBJECT: 2011 Waterloo City Election Expense This is to certify that the following amounts were-expended by Black Hawk County for the conduct of the Waterloo City elections held November.8,.2011. Expenses are to be reimbursed to Black Hawk County. . Waterloo-City Election-Expenses: Publications $ 932.10 Printing 4,880.50 Precinct Officials 16,029.55 Polling Place Rent 235.00 Extra Staff Salaries & Milcage .426.64 Voting Equip Support & Transportation -3,686.98 Courthouse'Security 14.13 Election Rosters 106.75 Satellite Voting .00 Supplies 1,514.14 (Including postage, precinct supplies and absentee ballot materials) Total $ 27,825.79 Witness my hand and seal of Black Hawk County this 31St day of January, 2012. Kyle Jensson . Elections Manager COSTITR-MUN City Clerfc Use Only Finance Committee Approval Date City ®f Waterloo Expenditure Pre-Authorizati®n Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Human Rights Department to expend $ 279.75 plus est.shipping costs of $ 0.00 to pay for or purchase Jeff Schott, Director of the Institute of Public Affairs at the University of Iowa, to train our commissioners. This purchase or expenditure is being made because: Thursday, January 26, 2012 is our Commission Retreat This is being held to refresh the _ current and inform the new commissioners of what their roles are with WCHR. Vendor selected for this purchase: Bids or written quotes were taken on this purchase, as follows: 0 Bids or quotes were not taken on this purchase because: This is amended from the last request. Mileage was slightly higher than we thought I have the previous Pre-Auth Request Form attached. Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: ® General Fund F Road Use Tax I Sewer I Sanitation DBonds Federal/other grants F1 Other(specify) This expenditure is to be coded to the following budget line-item: 010-27-2500-1303 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is and the current available balance is $ x-GW__00 3a so Resp ctf submitt Si a ure Dept. Head or D i.g ee) Date (Signature Finance Dept. Review) Date KAshared g' dies\forms\Expenditure Pre-Aut orization Commission Retreat 2012 amendrmmt.xis(Mar 2010) City Clerk Use OnJy Finance Committee 17 Approval Date IIVTI�/ Ju City ®f Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchage or expenditure submitted by the Human Rights Department to expend $ 4fl{ @8 1 ��� plus est.shipping costs of $ 0.00 to pay for or purchase Jeff Schott (trainer from the Institute of Public Affairs), $255, and $4.5 6 K'et-cshrne� a-&T-Ved Wr'' 11"Lf r Cll,4-(L This purchase or expenditure is being made because: Thursday, January 26, 2012 is our Commission Retreat. This is being held to refresh the Current and inform the new commissioners of what their roles are with WCHR. Vendor selected for this purchase: Wal-mart El Bids or written quotes were taken on this purchase, as follows: FX Bids or quotes were not taken on this purchase because: We found that it is cheaper to order the subs through Wal-mart than through any other business. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ❑X General Fund F—I Road Use Tax 1-1 - Sewer F Sanitation EIBonds F] Federal/other grants 1-1 Other(specify) This expenditure is to be coded to the following budget line-item: 010-27-2500-1303 (Fund- Department-Activity-Account Number) (Project Code) in which the budgeted amount is ;"` $ 4,000.00 U I � and the current available balance is \ $ -4,QW_95-- Re ec ly subm' ed, ( ature Dept. Head orVee) Date ( ig ature Finance Dept. Review) Date KAshared oodies\forms\Expenditure Pation Commission Retreat 2012.xis(Mar 2010) City Clerk Use Only Finance Committee Approval Date City ®f Waterloo Expenditure Pre-Autherizati®n Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 1,200.00 plus est.shipping costs of $ to pay for or purchase Labor and material to paint duct work at Gates Pro Shop, lower area. This purchase or expenditure is being made because: Duct work was installed in 2011 and needs to be primed and painted to complete the project. Vendor selected for this purchase: Verbraken's Waterloo IA ® Bids or written quotes were taken on this purchase, as follows: Verbraken's Waterloo $1,185.00 Personified Waterloo $1,240.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ® General Fund EI Road Use Tax El Sewer Sanitation EIBonds Federallother grants El Other(specify) This expenditure is to be coded to the following budget line-item: 410-37-4120-2174 37GLF-0022 (Fund-Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 100,000.00 "'--, and the current available balance is $ 55,114.00 t/ Respe . submitted, JId- ignature Dept. Hr Designee) DAte (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization.xls(Mar 2010) City Clerk Use Only Finance Committee Approval Date , City of Water(®® Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 3,550.00 plus est. shipping costs of $ to pay for or purchase AMENDED fencing, including a cage top. A top is needed on the fencing cage. This purchase or expenditure is being made because: The fencing will be used to store plastic pop and beer bottles following games and events. Young Arena receives recycling deposit revenue on the plastics. Vendor selected for this purchase: Iowa Fence Masters Bids or written quotes were taken on this purchase, as follows: Iowa Fence Masters Waterloo IA $3,550.00 Miller Fence Waterloo IA $4,750.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: ElGeneral Fund El Road Use Tax El Sewer F—] Sanitation ElBonds Federal/other grants El Other(specify) This expenditure is to be coded to the following budget line-item: 010-37-4105-1382 37RST-YAM I (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 6,558.00 and the current available balance is $ G, &� -2z Respectfully submitted, "_iqhaturer���ead or Designee) Date (Signature Finance Dept. Review) Date KAshared good ies\forms\Expend itu re Pre-Authorization.xis(Mar 2010) City e cse n y Finance Committee Approval Date city'af Waterloo Expenditure Pro-Authorization Request Far The Finance Committee of the Qty Council is hereby requested to authorize the following purchase or expenditure submitted by the Parking Maint. Department to expend $ 2,673.00 plus est. shipping costs of $ 33.60 to pay for or purchase Transport assembly repair for the pay-in-lane machine This purchase or expenditure is being made because: Pay-in-lane machine in the west ramps would not read tickets. Vendor selected for this purchase: Access Control Technologies ® Bids or written quotes were taken on this purchase, as follows: Access Control Technologies Des Moines, IA $2,706.60 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund EI Road Use Tax Sewer ❑ Sanitation ® Bonds Federal/other grants Other(specify) This expenditure is to be coded to the following budget line-item: 411-17-7910-2126 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 50,000.001/ and the current available balance is $ 4,827.23// Respectfully submitted, _ (Signature Dept. lead or Designee) / /Date (Sighature Finance Dept. Review) Date Ushared goodies\forms12012-February-Expenditure Pre-Authorization-Repair ACT-pay-in-lane transporter.xis(Mar 2010) Completed forms should be routed directly to the Finance Dept. FINANCE DEPT.ONLY Finance C-mmittee approval required? YES ` NO If so,date approved: City of Waterloo Line-item Budget Amendment Request Form The Finance Committee of the City Council and/or Finance Dept. is hereby requested to authorize the following line-item budget amendment for FYE 6/30/2012 submitted by the Community Development Department: EXPENSES/REVENUE DECREASE EXPENDITURES (INCREASE REVENUE) INCREASE EXPENDITURES (DECREASE REVENUE) Fund Dept Activity Acct# Acct Name Proj Code Amount Fund Dept Activity Acct# Acct Name Proj Code Amount 224 32 5853 3350 fed grant BGLED TRVL 10,000.00 224 32 5853 1346 Travel/training BGLED TRVL 10,000.00 TOTAL $10,000.00 TOTAL $10,000.00 This amendment is being requested because: expenditures for traveUtraining Prior Committee Actions(Dates): (Signatbre Dept. Headesignee) Date (Signature Finance Dept. Review) Date Date Posted (Finance Dept.) K:luserslshared goodiesVorms)Budget Amendment Request fund 2245853 2-7-2012.xis(Apr 2003) Completed forms should be routed directly to the Finance Dept. FINANCE oEi=r.ONLY Finance ConAittee approval required? YES V NO_ If so,date approved: City of Waterloo Lane-item Budget Amendment Request Form The Finance Committee of the City Council and/or Finance Dept. is hereby requested to authorize the following line-item budget amendment for FYE 12 submitted by the Planning Department: EXPENSES/REVENUE DECREASE EXPENDITURES(INCREASE REVENUE) INCREASE EXPENDITURES(DECREASE REVENUE) Fund Dept Activity Acct# Acct Name Proj Code Amount F nd Dept Activity Acct# Acct Name Proj Code Amount 010 08 6105 —ZY- Isle of Capri 08TCHS106 5,893.8 010 08 6105 "Ge-itft 5,893.88 %?t I TOTAL $5,893.88 TOTAL $5,893.88 This amendment is being requested because 5" r' l F�� an ry 1'j E.F:.C' -i-C) Vic.=1•I2 In order to pay for an additional invoice for theu^o,—n FY 61::t,Fatrasfer-oHs1e o1 Ca rit funds t tkr r1 =b rd�e#=is� ✓AJ`( � f ag— Prior Committee Actions(Dates): ✓!v,,^ _ 0E �2 �?_7 (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date Date Posted M= pt) goodiesVormsl6udget Amendment Request TechWorks-xis(Apr 2003) PROJECT BUDGET WORKSHEET -ALL PROJECTS PAGE ONE Project Name Brownfields Hazardous Assessment (_ City Contract No. BF 977311101-0 To be assigned by the Finance Dept:`. Project Manager Noel Anderson Project No. f r P r Project Budget Total $ 200,000.00Sub Fr projecf No.; f_ r 1. How will this project be funded? A. Federal Grant Yes ® No CFDA# 66.818 % Paid by federal grant 100.00% Grant Name EPA Grant Agreement Number. B. State Grant Yes = NOF % Paid by state grant 0.00% Grant Name Grant Agreement Number C. City Match Source of Funding % Paid by City 0.00% D. Other Entities Yes = No ® % Paid by other entity 0.00% Name Done None 2. Attach copies of any grant agreements that will fund the project(REQUIRED) ® El Yes No 3. Does the project include the purchase of right of way or other real property? 1-1 0 If yes, will real property purchases be reimbursable under the grant? El El If yes, have you attached authorization to purchase real property to this document? 4. Will this project include any non-participating expenses, such as: A. Stormwater permit fees El PRI .B. Publication, or printing costs El C. Others, list El FRI 5. Does this project cover any regular full-time salaries or benefits? ® El If yes, employee/position to be covered. Chris W. Noel A. Pattie M. 6. Include a brief description of the project in the space below: (REQUIRED) Conduct community wide environmental assessments of potential brownfield sites contaminated with hazardous substances . and other pollutants. Includes site prioritization, Ph 1 & II assessments at selected sites. Page 2 must be attached and signed. K:\shared goodies\forms\BF Haz Assess mentBF97731101.xls\Page 1 All Projects (Mar 2010) PROJECT BUDGET WORKSHEET- NON-CONSTRUCTION PAGE TWO City Clerk Use Only Finance Committee Approval Date Project Name (from page one) Brownfields Harardous Assessment Department No. project will be budgeted under 08 -.76,6 be assigned 6y the Finance Dept. Activity No. project will be budgeted under Project No.': _ rf` Sub ro No. P 1 A (Each column should only include amounts by fund) Fund: 290 Fund: Fund: Fund: REVENUES: Total el t /30'00 Cash on Hand $ 4'Federal Grant 200,000.00 200,000.00 3352 Federal HUD Grant _ 3354 Shared Program - Local _ 3357 Shared Program -County _ 3358 Shared Program -City _ 3360 Shared Program -State _ 3361 State Grant _ 3720 Donations- Restricted _ 3750 Sale of Bonds TOTALS $ 200,000.00 $ - $ - $ - $ 200,000.00 EXPENDITURES: 1111 Salaries- Regular 36,660.00 $ 36,660.00 1121 FICA 2,500.00 2,500.00 11221PERS 2,850.00 2,850.00 1315 Education &Training 1345 Travel -Official City 1346 Travel - Prof Training 1,500.00 1,500_00 1390 Contractual Services 156,015.00 156,015.00 1561 Supplies 475.00 475.00 AE $ 0,000.00 $ - $ - $ - $ 200,000.00 (rD (Signature Dept. Head) Date (Signature Finance Dept. Review) Date KAshared goodiesVorms\BF Haz AssessmentBF97731101.xls\Page 2(Donator NON-constr) (Mar 2010) PROJECT BUDGET WORKSHEET e ALL PROJECTS PAGE ONE Project Name Brownfields Petroleum Assessment `C_ City Contract No. BF 97731201-0 To be assigned by the Finance:®ept. Project Manager Noel Anderson Project NO. Project Budget Total $ 200,000.00 t J 9 Subproject No 1. How will this project be funded? A. Federal Grant Yes ® No CFDA# 66.818 % Paid by federal grant 100.00% Grant Name EPA Grant Agreement Number (' B. State Grant Yes = No ® % Paid by state grant 0.00% Grant Name Grant Agreement Number C. City Match Source of Funding % Paid by City 0.00% D. Other Entities Yes 0 No ® % Paid by other entity 0.00% Name Done None 2. Attach copies of any grant agreements that will fund the project(REQUIRED) ® El Yes No 3. Does the project include the purchase of right of way or other real property? El If yes,will real property purchases be reimbursable under the grant? E] El If yes, have you attached authorization to purchase real property to this document? El El 4. Will this project include any non-participating expenses, such as: A. Stormwater permit fees El B. Publication, or printing costs El FRI C. Others, list El FRI 5. Does this project cover any regular full-time salaries or benefits? If yes, employee/position to be covered. Chris W. Noel A. Pattie M. 6. Include a brief description of the project in the space below: (REQUIRED) Conduct community wide environmental assessments of potential brownfield sites contaminated with petroleum products. Includes site prioritization, Ph 1 & II assessments at selected sites. Page 2 must be attached and signed. K:\shared goodtes\forms\BF Pet Assessment BF97731201.xls\Page 1 All Projects (Mar 2010) PROJECT BUDGET WORKSHEET- NON-CONSTRUCTION RAGE TWO City Clerk Use Only - - Finance Committee__- Approval Date Project Name(from page one) Brownfields Petroleum Assessment Department No. project will be budgeted under 08 To be assigned by the Finance bept-Opt. Activity No. project will be budgeted under P-9A-3' ( tfi Project No._ F` = SubprojectNo. ''4 � (Each column should only include amounts by fund) Fund: 290 Fund: Fund: Fund: REVENUES: Total r 3000 Cash on Hand $ :�AW Federal Grant200,000.00 200,000.00 3352 Federal HUD Grant 3354 Shared Program - Local 3357 Shared Program -County 3358 Shared Program - City 3360 Shared Program -State _ 3361 State Grant 3720 Donations - Restricted 3750 Sale of Bonds TOTALS $ 200,000.00 $ - $ - $ - $ 200,000.00 EXPENDITURES: 1111 Salaries - Regular 36,660.00 $ 36,660.00 1121 FICA 2,500.00 2,500.00 1122 (PERS 2,850.00 2,850.00 1315 Education &Training 1345 Travel-Official City - 1346 Travel- Prof Training 1,500.00 1,500 00 1390 Contractual Services 156,015.00 156,015.00 1561 Supplies 475.00 475.00 TA L $ 00,000.00 $ - $ - $ - $ 200,000 00 Z_ , (Signature Dept. Head) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\BF Pet Assessment BF97731201.xls\Page 2(Donat or NON-constr) (Mar 2010) PROJECT BUDGET VVORKSHEET e ALL PROJECTS PACE ONE Project Name BCRLF-Omega Cabinets Bldg-1001 Linden Ave "Contract No. assigned by the Fir►ance:L7ept _ Project Manager Noel Anderson ro�ecf lVox T � =T Project Budget Total $ 3,700.00 1. How will this project be funded? A. Federal Grant Yes = No ® CFDA# % Paid by federal grant Grant Name Grant Agreement Number B. State Grant Yes= No ® % Paid by state grant Grant Name Grant Agreement Number C. City Match Source of Funding % Paid by City D. Other Entities Yes ® No % Paid by other entity Name BCRLF Closeout Assistance BL98708301-020 Done None 2. Attach copies of any grant agreements that will fund the project(REQUIRED) ® El Yes No 3. Does the project include the purchase of right of way or other real property? El If yes,will real property purchases be reimbursable under the grant? El If yes, have you attached authorization to purchase real property to this document? El FRI 4. Will this project include any non-participating expenses, such as: A. Stormwater permit fees El FRI B. Publication, or printing costs El 0 C. Others, list El 5. Does this project cover any regular full-time salaries or benefits? El 0 If yes, employee/position to be covered. 6. Include a brief description of the project in the space below: (REQUIRED) Created by the repayment of the BCRLF loan which can be used for eligible BF projects within the city of waterloo according to the closeout agreement. Page 2 must be attached and signed. Klshared goodieslformsTroject Budget Worksheet)ds\Page 1 All Projects (Mar 2010) PROJECT BUDGET WORKSHEET- NON-CONSTRUCTION PAGE TWO -City Clerk Use Only —- - ---- Fiaanc -.Committee. Approval Date Project Name (from page one) BCRLF Program-Omega Cabinets Bldg- 1001 Linden Ave Department No. project will be budgeted under 08 = Tobe assigned by the Finance Deptr Activity No. project will be budgeted under 6501 TO ed No _OSBCR n SubproJect (Each column should only include amounts by fund) Fund: 426 Fund: Fund: Fund: REVENUES: Total 3000 Cash on Hand $ 3,700.00 3350 Federal Grant $ 3,700.00 3352 Federal HUD Grant 3354 Shared Program -Local - 3357 Shared Program -County - 3358 Shared Program -City - 3360 Shared Program -State - 3361 State Grant 3720 Donations- Restricted - 3750 Sale of Bonds TOTALS $ 3,700.00 $ - $ $ 3,700 00 EXPENDITURES: 1111 Salaries-Regular $ 1112 Salaries - Part Time 1315 Education &Training 1345 Travel-Official City 1346 Travel- Prof Training 1390 Contractual Services 3,700.00 - 3,700.00 OTAL700.00 - - - -- _ --- -- - ------ ...... -- - _ - -- -- -- -- - _3,700.00 (Signature Dept. Head) Date `(Signature Finance Dept. Review) Date K:\shared goodies\forms\Project Budget Worksheet.xlsTage 2(Donat or NON-constr) (Mar 2010) PROJECT BUDGET WORKSHEET ®ALL PROJECTS I PAGE ONE Project Name HOTEL MOTEL-DISCR.AWARDed _ t ` City Contract No. To be assigned by the Finance Dept. Project Manager Z,d—&kjN &-r/CAMMIE S. Project No, 26-HMT. Project Budget Total $ 10,000.00 Subproject No. S 1. How will this project be funded? A. Federal Grant Yes 0 No CFDA# % Paid by federal grant Grant Name Grant Agreement Number B. State Grant Yes = No 0 % Paid by state grant Grant Name Grant Agreement Number C. City Match Source of Funding % Paid by City D. Other Entities Yes No % Paid by other entity Name Hotel Motel-Discretionary Funds Done None 2. Attach copies of any grant agreements that will fund the project(REQUIRED) Fx El Yes No 3. Does the project include the purchase of right of way or other real property? El 5 If yes, will real property purchases be reimbursable under the grant? El ❑x If yes, have you attached authorization to purchase real property to this document? El 0 4. Will this project include any non-participating expenses, such as: A. Stormwater permit fees F-1 O B. Publication, or printing costs 5x El C. Others, list advertising ❑x El 5. Does this project cover any regular full-time salaries or benefits? El O If yes, employee/position to be covered. 6. Include a brief description of the project in the space below: (REQUIRED) See attached Hotel Motel grant application: funds will be used for advertising , prgramming and driving visitors/ tourism to the many events here at the Center for the Arts and the Phelps Youth Pavilion.. Page 2 must be attached and signed. K:\shared goodies\forms\Proj-Budget-HM-2012 Discr-adv\Page 1 All Projects (Mar 2010) PROJECT BUDGET WORKSHEET-BION-CONSTRUCTION PAGE TWO EApproval ty Clerk Use Only ee------ --- Project Name (from page one) HOTEL MOTEL DISCRETIONARY funds awarded ' Pr I�� mr? Department No. project will be budgeted under 26 To be assigned by the Finance Dept. Activity No. project will be budgeted under 4265 Project No. = 26HMT.D Subproject No. (Each column should only include amounts by fund) Fund: Fund: Fund: Fund: REVENUES: Total 3000 Cash on Hand $ 3350 Federal Grant - 3352 Federal HUD Grant 3354 Shared Program - Local 3357 Shared Program -County 3358 Shared Program -City 3360 Shared Program -State 3361 State Grant - 3720 Donations- Restricted 3750 Sale of Bonds - 3111 Hotel Motel funds 10,000.00 10,000 00 TOTALS $ 10,000.00 $ - $ - $ - $ 10,000.00 EXPENDITURES: 1111 Salaries- Regular 1112 Salaries- Part Time 1315 Education &Training - 1345 Travel-Official City 1346 Travel- Prof Training 1390 Contractual Services 1351 Advertising Exps. 10,000.00 10,000 00 TOTALS $ 10,000.00 $ - $ - $ - $ 10,000.00 (Signature Dept. Head) Date (Signature Finance Dept. Review) Date Klshared goodies\forms\Proj-Budget-HM-2012 Discr-adv\Page 2(Donat or NON-constr) (Mar 2010) CITY OF WATERLOO Council Communication City Council Meeting: January 23, 2012 Prepared: January 17, 2012 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: San Marnan Traffic Monitoring System Project—TRF-200 Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Set date of Public Hearing and Opening of Bids for February 13, 2010. Summary Statement: Notice for Bidders and Public Hearing Notice will be published once Council sets the date of public hearing and opening of bid. Expenditure Required $38,500 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: This project is part of completing the City's wireless communications network and traffic monitoring system. Cameras will be installed at the intersection of San Marnan Drive with LaPorte Rd., Sears Dr. and Penny's Dr. Images will be transferred to the Traffic Operations Center for traffic operations improvements, traffic safety improvements, and occasionally police use. Project delivery method is turn-key. A 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 Punning&DeveiopmsentDi,ecter Mayor CITY OF WATERLOO BUCK CLARK COUNCIL Council Communication MEMBERSCity Council Meeting: January 30, 2012 Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID JONES # of Attachments: 1 Tvard i SUBJECT: Set a date of public hearing and publish an official notice pertinent CAROLYN to the sale and conveyance of a portion of 218 West Mullan "excess land" to Iowa COLE Community Credit Union, f/k/a Watel Credit Union for $50,000.00. Waid 2 HAROLD Submitted by: Noel Anderson Community Planning & Development Director GETTY T3'ard3 Recommended City Council Action: We ask that the City Council set a date of QUENTIN public hearing and publish an official notice pertinent to the sale and conveyance of HART land as described in the attached legal description, and authorize the Mayor and City T'%ai-d4 Clerk to sign and fully execute any necessary documents. RON wELPER Summary Statement: As you may recall, the City of Waterloo has been acquiring TT'ard 5 land for the Sportsplex Project recently. One of those recent acquisitions, on the City Council agenda for tonight, is the acquisition of the Iowa Community Credit BOB Union (ICCU) at 320 West 2nd Street. As art of helm ICCU to find a new site to GREENWOOD p helping At-Targe remain in Downtown Waterloo, the City acquired the former Happy Chef site. This site is approximately 0.75 acres, and the City will be conveying approximately 0.50 STENT acres to ICCU for the construction of a new credit union. This site size is consistent SCHNIITT with similar type developments, such as the new US Bank facility immediately north A-Large and the Farmers State Bank site on 6th Street. Due to the width of the lot changing some site layouts for the new building, ICCU is requesting to buy the additional 0.25 acres for additional parking, expansion potential, etc. Staff has reviewed the assessed value per square foot and the appraised value per square foot of nearby and recent sales, and believes $50,000 for the remaining portion would be a fair amount. Expenditure Required: NA. Source of Funds: NA CITY WEBSITE: w,%vvvci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Sale of Property and Economic Development. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Background Information: The City of Waterloo has worked to sell additional land for development purposes, to abutting property owners, and within the confines of the Sale of Property Policy. This sale would appear to meet the objectives of the Downtown Master Plan and be in accordance with the policies. Printable Map Output Page 1 of 1 Stack Nawk COUn Parcel Nta Parcel ID'. 8913-23-452-004 Deed Holder: HEENE FAMILY TRUST IA 50701 WATERLOO Parcel Address: 18 W MULLAN AV, - - -O63� • ;� Legend pprcEld,m �, F eturea rdadnan,o '_. r 71���� ,.. hosPlfa7 Aenel Pbbtos alrPorl Black Hawk Ca Parks (Pr .PmbA jr f �X ,_ ir, TowbsidPcUj e� /� l - �' I��• ..a: .aadd;. S10A. V. ti. f �N NA t - Nz 63 � r _ map--- aP, wnr, - No(lability is assumed for the 111111110=1Map Disclaimer:This map does not represent a survey is compiled from official Black Hawk County,Iowa accu�acy of the data delineated herein,either expressed or implied by Black Hawk County, 316 East 5th Street he Black Hawk County Assessor or their employand contracts,and only contains ees.This map atedoo,Iowa 50703-4774 record 'including plats,surveys,recorded deed , .See the recorded documents for more Phone:(319)833-3002 informs ion required for local government purposes Fax:(319)833-3070 detailed al information. E-mail:auditor co.black-hawk.ia.us.or 4) �C16 1 http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&,.. 1/27/2012 i. LEGAL DESCRIPTION The Northwesterl half O Y ninety(90)feet of Lot 29 ) feet thereof, in " , except the Northwesterly one Cit o f Auditors Falls Avenue and Mullan Y and one- City Waterloo, Black Hawk County, Iowa Avenue Plat,"in the 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&Developmn nlr Director CITY OF WATERLOO .favor BUCK CLARK Council Communication COUNCIL. City Council Meeting: January 30, 2012 MEMBERSPrepared: January 27, 2012 -- ...................Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID JONES SUBJECT: Set the date of hearing for approval of a Development Agreement iVard 1 between the City of Waterloo and Iowa Community Credit Union, f/k/a CAROLYN Watel Credit Union that will convey property at the northwest corner of COLE Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a TVarda Watel Credit Union for the construction of a 2,500 sq. ft. bank building HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY ua'd3 Recommended City Council Action: Set the date of hearing for approval of the Development QUENTIN Agreement, authorizing the sale of land for$1.00 and the construction of the bank building HART valued at $450,000. Ward d Summary Statement: The City of Waterloo would be conveying the front 0.50 acres of land to ROOT WEEPER Iowa Community Credit Union (ICCU) for the development of a new banking facility. r'✓ard5 The credit union would be constructing a new 2,500 sq. ft. bank building valued at $450,000 on BOB the site. This will allow for ICCU to remain in Downtown Waterloo, as their existing site at 3209 GREENWOor-West 2nd Street would be acquired for the construction of the Cedar Valley Sportsplex Project. At-Large ICCU has also requested to buy the additional 0.25 acres of the former Happy Chef site for STEVE $50,000, which is another time on this City Council agenda. SCHMITT Expenditure Required: None. At Large Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: This represents continued investment in Downtown Waterloo, with a new credit union to be built next to the recently constructed US Bank facility. All of these construction project are working in accordance with the Downtown Master Plan to work to bring new destination attractions such as the Riverfront Renaissance and Sportsplex to Downtown Waterloo, while also working with our existing businesses to invest and grow in the downtown area. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of February 2012, by and between Iowa Community Credit Union (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before March 1, 2012, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property"). The purchase price of that portion of the Property identified on Exhibit "A" as the "Building Site" shall be $1.00, and the purchase price of the remainder identified on Exhibit "A" as "Abutting Land" shall be $50,000.00. Conveyance may occur at two separate closings, but in any event shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. If the Property is not already owned by the City, City's duty to convey is expressly made subject to occurrence of a closing on the City's acquisition of the Property. 2. Improvements by Company. Company shall construct a retail banking facility consisting of approximately 2,500 square feet, and related landscaping, sidewalks, signage and parking (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of no less than $450,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 1 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not done so. Company must obtain a building permit and begin construction within two (2) months from the date the Property is deeded to it, and construction of Improvements on the Building Site shall be completed by July 1, 2013, (the "Building Completion Date"), with construction of Improvements on the Property as a whole within sixty (60) days thereafter (the "Project Completion Date"). If, after the expiration of two (2) months from the date of the executed deed, Company has not begun in good faith the construction of the Improvements upon the Building Site, then title to the Property shall revert to the City. If construction has not begun at the end said two-month period, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced within the two-month period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Building Completion Date and the Project Completion Date, as applicable, shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. Upon substantial completion of Improvements on the Building Site, Company shall act with diligence to permanently move its business operations into the new building, remove the temporary banking facility from the Property, and complete construction of Improvements on the Property, including the Abutting Land, by the Project Completion Date. In the event of any reversion of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reversion, and Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4., Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it wilt not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $450,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Reserved. 7. City Activities in Aid of Development. A. Site Readiness. Before conveyance of the Property to Company, City will demolish existing structures on the Property, remove all debris thereon, and level the site to grade. B. Payment of Interim Costs. City will reimburse Company for costs incurred by Company to install and set up a portable building for Company's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the "abutting land" portion of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. City will reimburse Company the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good-faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Company will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Company will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. The provisions of this paragraph are intended to supersede and replace Section 22, paragraph D of that certain Real Estate Purchase Agreement between the parties approved by 3 the city council of City on January 30, 2012, and upon execution of this Agreement by the parties said paragraph D shall be deemed terminated. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 4 (b) if to Company, to Iowa Community Credit Union, P.O. Box 750, Waterloo, Iowa, 54704, facsimile number , Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 5 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA COMMUNITY CREDIT UNION By: By. Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 EXHIBIT "A" Legal Description of Property to be Improved Lot 29, except the Northwesterly one and one-half(1%2) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat,"in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Building Site": Lot 29, except the Northwesterly ninety(90) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the "Abutting Land".- The and".The Northwesterly ninety(90) feet of Lot 29, except the Northwesterly one and one-half(I V2) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Iowa Community Credit Union ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $ 450,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements on the Building Site will be substantially completed on or before July 1, 2013 and on the Property as a whole within sixty (60) days thereafter. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. It may not be modified or amended except by the mutual written agreement of the parties. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: By: Suzy Schares, City Clerk IOWA COMMUNITY CREDIT UNION By: Mark Heth, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On 2012, before me, a Notary Public in and for the State of Iowa, 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 municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument 2 is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on 2012 by Mark Heth as President of Iowa Community Credit Union. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Four Hundred Fifty Thousand Dollars ($ 450,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2012, by Tami McFarland, Assessor for Black Hawk County, Iowa. Notary Public CITE' OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO,IA 50702 (319)29114553 FAX(319)291-4523 . s LARRY N.SMITH SUPERINTENDENT - Ahivor Council Communication BUCK City Council Meeting: 2/13/2012 CLARK , 7 Prepared. 2/2/2012 Dept. Head Signature: r COUNCIL # of Attachments: 2 MEMBERS -- ---- ................... SUBJECT: Professional Service Agreement with AECOM DAVID SONES Gf'tird! Submitted by: LarryN. Smith CAROLYN Recommended City Council Action: Resolution approving Professional Services COLE Agreement with AECOM. lVard 2 HAROLD Summary Statement: Professional service agreement with AECOM to prepare plans, GE1TY specification and contract documents for receiving bids for the CIP Pie Linin and 4tiard 3 p g p g manhole rehabilitation in the sanitary sewer system along West Airline Highway and west QUENTIN of WCF&N Drive and Broadway Street. HART Ward 4 RON WEEPER. 0 and s Expenditure Required: BOB GREENWOOD Source of Funds: Sewer Bonds At-Large STEVE SCHMITT Policy Issue: At-Large Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AZCOM501 Sy 319 232 0271 tel ` 501 Sycamore Street 319 232 0271 fax Suite 222 Watertoo,Iowa 50703 www.aecom.com CIP PIPE LINING CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, Iowa, hereinafter referred to as"CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. AMOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000)each accident; COM Page 3 ` (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. Such certificates of insurance shall provide that the applicable insurance policies have been endorsed to provide a minimum of thirty (30) days advance notice to the CLIENT in the event of cancellation, material change, or non-renewal. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee of Fifty-Five Thousand Dollars($55,000.00). ATS may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof.. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting parry has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose AC®M Page 4 different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others,whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT, In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. aCOM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the negligent act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. AMOM Page 6 (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT APPROVE=1CAL CES, INC. By. By: Printed Name:�!?w�sT [>, (� Printed Name: Joe A. Becker Title: Title: Vice President Date: Date: January 27 2012 CIP PIPE LINING CITY OF WATERLOO, IOWA EXHIBIT A A. Project Description Cured-in-place (CIP) pipe lining and manhole rehabilitation for approximately 11,000 LF of 8-inch, 10-inch and 12-inch sanitary sewer and approximately 40 manholes in the sanitary sewer system along West Airline Highway and west of WCF&N Drive and Broadway Street (upstream of the Titus Lift Station). This sanitary sewer is subject to high rates of infiltration and has started causing maintenance problems in sections of the pipe alignment (sink hole). The CIP lining will substantially reduce the infiltration and thereby reduce flows in the sanitary sewer and at the Titus Lift Station. The infiltration reduction will also alleviate the sanitary sewer maintenance problem from the sink hole near Burton Avenue. B. Scope Services to be provided for the project under this agreement are as follows: Design 1. Prepare plans, specifications and contract documents for receiving bids for the CIP pipe lining and manhole rehabilitation for approximately the following quantities: 8-Inch Diameter Pipe..............................3,000 LF 10-Inch Diameter Pipe............................3,000 LF 12-Inch Diameter Pipe............................5,200 LF Manholes.................................................40 2. Assist with obtaining a permit from Iowa DNR for construction of the project. 3. Assist with the bidding process and answer questions during the bidding. 4. Review and prepare a tabulation of the bids and make a recommendation for award of the contract. 5. Prepare contract documents for execution by contractor and City of Waterloo. Upon execution of the construction contract, the design services will be completed and construction-related services (CRS) will be initiated. CRS 1. Conduct a Preconstruction Conference with the contractor, City representatives, utility representatives and other interested parties to discuss the project schedule, traffic control and other pertinent issues. 2. Review product submittal information required in the specifications. 3. Provide periodic on-site review to observe the contractor's work, project progress and address contractor's issues and/or concerns. On-site review will be based on providing 80 hours on-site time. 4. Prepare partial pay requests and submit them to the City for payment throughout the course of the work. 5. Conduct a final review of the project and final TV reports with the City and prepare a "punch list" of things to be addressed by the contractor. 6. Assist with close-out of the project. L:\work\ADMIN\AGREE\PROF\WatCIPLining.doc CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signatur # of Attachments: SUBJECT: Recommendation,Award of Bid to Stivers Ford for the purchase of Six(6) 2013 Police Interceptors Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation - Award of Bid to Stivers Ford Expenditure Required: $142,926.00 Source of Funds: 411-11-1100.2117 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid from Stivers Ford, in the amount of$142,926 be accepted. Bids received were: Stivers Ford Waukee,IA $142,926 Bill Colwell Ford Hudson,IA $143,442 CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature: Pat Treloar # of Attachments: SUBJECT: Ambulance Services Agreement Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve Summary Statement: This is an agreement between Waterloo Fire Rescue and Allen Hospice to provide medical transportation of Hospice patients to their facility. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Both the City Clerk and the legal department have reviewed this agreement. AMBULANCE SERVICES AGREEMENT .THIS AMBULANCES SERVICE AGREEMENT (the"Agreement") is made effective the 1-44 day of_TeJo, 2012 (the"Effective Date")by and between In Trust d/b/a Allen Hospice ("Hospice") and the City of Waterloo, Iowa("Company") (Hospice and Company shall each be referred to as a"Party" and collectively referred to as the"Parties"). WHEREAS, Hospice provides services within Waterloo, Iowa and surrounding areas and desires to enter into an agreement to meet the medical transportation needs of its patients; and WHEREAS, Company, acting through Waterloo Fire Rescue, is a state authorized and Medicare approved ambulance service provider in the business of providing medical transportation in Iowa and desires to provide such services to Hospice patients; and WHEREAS, Hospice retains full authority and responsibility for professional and medical management of care for each of its patients and for ensuring that services provided by Company Providers under this Agreement are furnished in a safe and effective manner and in accordance with applicable standards. NOW THEREFORE, in consideration of the foregoing premises and the following covenants and agreements, the Parties hereby agree as follows: ARTICLE I DUTIES AND OBLIGATIONS OF COMPANY Section 1.1 -- Services. Company shall provide both emergent and non-emergent ambulance transportation to Hospice patients upon request by Hospice(the "Services") in accordance with the following standards and conditions: For all emergent &non-emergent transports, Company shall arrive at the requested patient pick-up location within sixty(60)minutes following the request for transport unless transport has been previously scheduled, in which case Company shall arrive at the scheduled time. Hospice understands that Company's territory for pick-up is as follows: within the City of Waterloo, East Waterloo Township, Cedar Township and Elk Run Heights. All Services provided by Company pursuant to this Agreement shall be provided by qualified, licensed individuals who have a contractual or employment relationship with Company ("Providers"). Company must obtain criminal background checks on staff who have direct contact with patients or access to patient's medical records. All Services rendered by Company through its Providers shall be in accordance with Participation and Reimbursement coverage requirements imposed by applicable governmental and other third party reimbursement sources. Section 1.2 -- Contract Compliance. Company specifically agrees and warrants that all Services and/or products to be provided to Hospice under this Agreement will meet or exceed, and will comply with, all of the following, if and as applicable: • All Medicare Conditions of Participation and Performance Standards, as amended or revised: • All Accreditation Standards and Elements of Performance, as amended or revised • All federal, state, and local statutes, regulations and guidelines, as amended or revised; • All relevant federal and state licensing and certification requirements, as amended or revised; • Hospice's bylaws, policies,procedures, rules and procurement standards, as amended or revised; and • Hospice's Compliance Policies, as amended or revised. The provision of Services and/or products may be monitored as part of Hospice's Performance Improvement Program, and Company may be requested to provide input on performance improvement initiatives. The provision of any Services and/or products by Company that fail to meet the above requirements, as applicable, shall be considered the provision of a deficient Service or product. The provision of a deficient Service or product shall constitute a substantial and material breach of this Agreement and shall be grounds for the immediate termination of this Agreement by Hospice without any right of cure. Hospice shall be entitled seek legal redress for any loss, claim or expense caused by the provision of any deficient Service or product via any legal or equitable remedy then available to Hospice. Section 1.3 --Ambulance and Equipment. All ambulances and equipment utilized by Company in providing Services pursuant to this Agreement shall be operated by Company unless provided pursuant to Section 1.1 and must meet all local, state and federal laws, regulations and standards for transporting patients. If Company transports neonates the Company shall also comply with relevant laws, regulations and standards for neonate transports. ARTICLE II BILLING AND PAYMENT Section 2.1 —Billing. Hospice shall pay Company a negotiated payment rate. Within ten(10) calendar days of the end of each month and within at least thirty(30) days of providing Services, Company shall submit to Hospice an accurate and complete statement of all Company Services provided. The statement shall be in a form reasonably acceptable to Hospice and include information usually provided to third party payors to verify the Services and charges reflected in the statement. Payment by Hospice in respect to such bills shall be considered final, unless adjustments are requested in writing by Company within thirty(30) days of receipt of payment. Hospice shall have no obligation to pay for any Services if Hospice does not receive a bill for such Services within one hundred twenty(120) days following the date on which Services were rendered. s,. Company's current fees: BLS Non-Emergent Base Rate: $340.73 BLS Emergent Base Rate: $493.25 ALS Emergent/Non- Emergent Base Rate $644.17 Mileage(BLS or ALS) $ 6.86 loaded Upon scheduling the transfer, Company will request the name of the individual authorizing payment. ARTICLE III TERM AND TERMINATION Section 3.1 -- Effective Date: This Agreement shall become effective on rUkq e 1,0 Rand shall be effective for twelve(12) months thereafter. After the initial term, thisnt shall be automatically renewed for successive twelve (12)month periods. This Agreement may be terminated during the initial term or any renewal term by either Party giving thirty(30) days advance written notice to the other Party. All notices,requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given,made and received upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, as set forth below: For Hospice: For Company: Iowa Health Home Care Waterloo Fire Rescue P.O. Box 35455 425 East 3rd Street Des Moines, IA 50315 Waterloo, IA 50703 Attn: Contracts Department Attn: Barb McBride Section 3.2 -- Termination by Hospice. Hospice may terminate this Agreement effective immediately upon the occurrence of any one or more of the following events: • Company or any of its Providers ceases to be in good standing with licensing authorities; • In the reasonable judgment of Hospice, Company or any of its Providers poses a present danger to its patients; • Company fails to be covered by adequate insurance coverage as required by Section 4.1 of this Agreement; or • Company or any of its Providers is excluded, debarred, suspended, or otherwise ineligible for participation in any governmental health care programs, as defined in Section 5.1, or engages in fraudulent or dishonest practices or other misconduct in the rendering of Services under this Agreement. Section 3.3 --Mutual Termination. This Agreement may be terminated at any time upon the mutual agreement of the Parties. i ARTICLE IV INSURANCE Section 4.1 —Insurance Requirements Company shall maintain professional liability insurance with a minimum liability limit of$1,000,000 for each incident, $3,000,000 in the aggregate and$1,000,000 in general liability insurance on behalf of itself and all of its Providers for the duration of this Agreement. Such policies of insurance shall provide that the insurance company may not cancel any policy of insurance without providing Hospice ten(10) days written notice. Company shall provide Hospice proof of the foregoing insurance coverage upon i request. ARTICLE V EXCLUDED PROVIDER AND INDEMNIFICATION Section 5.1—Governmental Health Care Programs. Company represents and warrants that it is currently approved for, and at no time has it been excluded from participation in, any state or federally funded health care programs, including Medicare and Medicaid(collectively referred to as "governmental health care programs"). Company agrees to immediately notify Hospice of any threatened, proposed, or actual exclusion of Company from participation in any governmental health care programs during the term of this Agreement. If at any time after the Effective Date of this Agreement it is determined that Company is in breach of this Section,this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. Section 5.2—Indemnification for Exclusion. To the extent permitted by law, Company shall indemnify and hold harmless Hospice against all actions, claims, demands, liabilities, loss, damage, costs and expenses, including reasonable attorneys' fees, arising directly or indirectly out of any violation of Section 5.1 by Company due to its exclusion from any governmental health care programs. ARTICLE VI RELATIONSHIP OF PARTIES Section 6.1 --Independent Parties.This Agreement is an independent contract between Hospice and Company to provide the Services described in this Agreement. Neither Party shall be construed in any manner whatsoever to be an employee or agent of the other. Hospice shall not exercise any control or direction over the methods by which Company or any of its Providers perform their professional work and functions. The sole interest and responsibility of Hospice is to ensure that the Services provided under this Agreement are performed and rendered in a competent, efficient and satisfactory manner. Hospice has no legal obligations for payment of any compensation or benefits to Providers including,but not limited to, worker's compensation. Section 6.2 --Non-Exclusivity. Nothing in this Agreement shall be construed as to limit or restrict in any manner either Party's right to render the same or similar services as those covered by this Agreement to other individuals and entities, including but not limited to other acute care facilities. Nothing is this Agreement shall be construed as limiting or restricting in any manner Hospice's right to obtain the same or similar services as those provided by Company pursuant to this Agreement from other individuals or entities. ARTICLE VII ACCESS TO RECORDS Section 7.1 —Confidential Records. For four(4) years following the furnishing of Services pursuant to this Agreement, Company agrees to make available upon receipt of written request from the Secretary of Health and Human Services, the U.S. Comptroller General, any of their duly authorized representatives, or any duly authorized state agency, this Agreement and all books, documents and records of Company that are necessary to certify the extent of costs incurred by Hospice under this Agreement. This Agreement shall not be construed to permit access to books, records, or documents that are deemed confidential under any evidentiary privileges including,but not limited to,the attorney-client, doctor-patient or accountant-client privileges. Section 7.2—Records of Subcontractors. If Company carries out any of the duties of this Agreement through the use of a subcontract with any related organization or individual, whose work is valued at $10,000 or more over a twelve-month period, each contract between Company and said subcontractors must contain a provision incorporating the requirement outlined in Section 7.1 as applicable to the subcontractor. ARTICLE VIII NON-DISCRIMINATION Section 8.1 —Non-discrimination Clause. Company agrees that no person will be denied the benefits of or otherwise be subjected to discrimination under any program, Services or activity provided by Company on the grounds of age, race, creed, sex, color, religion, handicap,marital status or national origin. ARTICLE IX INDEMNIFICATION Section 9.1 —Indemnification Generally.To the extent permitted by law, each Party shall indemnify and hold harmless the other Party against all actions, claims, demands, liabilities, loss, damage, costs, and expenses, including but not limited to reasonable attorneys' fees, arising directly or indirectly out of an actual or alleged injury to a person or to property as a result of the negligent or intentional act or omission of the Party or any of its employees, subcontractors, or agents providing Services under this Agreement or in connection with the Party's obligations under this Agreement, except to the extent any such loss, damage, costs, and expenses are caused by the negligence or intentional act or omission of the other Party, its officers, employees or agents. ARTICLE IX MISCELLANEOUS Section 10.1 -- Waiver. Neither the failure or any delay on the part of either Party to exercise any right, remedy,power or privilege ("Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any Right preclude any other or future exercise of the same or any other Right, nor shall any waiver of any Right with respect to any occurrence be construed as a waiver of such Right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. Section 10.2 -- Controlling Law. This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Iowa. Section 10.3 --Assignment.The rights and obligations of Hospice under this Agreement will inure to the benefit of and be binding upon its successors and assigns. Company shall not assign this Agreement without the written consent of Hospice, which shall not be unreasonably withheld. Section 10.4 -- Entire Agreement. This Agreement and all attachments thereto, including any exhibits and schedules, contain the entire understanding between the Parties hereto with respect to the subject matter hereof. This Agreement supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written, except as stated herein. Neither this Agreement nor its attachments may be modified or amended other than by an agreement in writing signed by the Parties. Section 10.5 -- Exhibits and Schedules. All exhibits, schedules, addenda or other attachments hereto are hereby incorporated by reference and made a part of this Agreement as though fully set forth herein. Section 10.6 -- Compliance with Laws and Regulations. Notwithstanding anything to the contrary in this Agreement, in the event either Party, in consultation with counsel, develops a good faith concern that continued operation of this Agreement or any activity of the Company or Hospice is in violation of any applicable federal, state, or local law, regulation, order or policy issued under such law, such Party shall immediately notify the other Party in writing of such concern, including the specific activities giving rise to such concern and the reasons therefore. If a method for resolving such concern is not agreed upon within ten (10) days of such written notice, the activities described in the notice shall cease or be appropriately altered until the concern is resolved, and in addition, either Party shall at that time have the right to immediately terminate the Agreement. Section 10.7-- Changes in the Laws and Regulations. In the event any applicable federal, state or local law or regulation, order or policy issued under any such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect in the practical realization of the benefits anticipated by either Party, the adversely affected Party shall notify the other Party in writing of such a change and the effect of the change. Thereafter, the Parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement on a method for modifying this Agreement is not reached within thirty(30) days of such written notice, either Party may immediately terminate this Agreement. Section 10.8--No Third Party Beneficiaries. This Agreement is entered into by and between Company and Hospice for their benefit. There is no intent by either Party to create, imply or establish a third party beneficiary or status or rights in any person except as expressly set forth in this Agreement, and no such third party shall have any right to enforce, or any right to enjoy, any benefit created or established under this Agreement. IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement by their duly authorized representative on the date first written above. INTRUST D/B/A ALLEN HOSPICE e By: � N Date: r12, CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Date: Exhibit A Ambulance Authorization Form Patient Name Date of Service Waterloo Fire Rescue Allen Hospice (Hospice) herby authorizes the transport of the above named patient from: to By authorizing this transport, Hospice understands that it shall be responsible for payment of the above specified ambulance services to the ambulance company mentioned above. This authorization is specifically limited to ambulance services rendered to and from the above location (s) designated herein on the date mentioned above. Date Signature of Allen Hospice Authorized Representative CTITY OF WATERLODs IOWA COMMUNITY PLANNING AND DEVELOP'MEN • 715 Mulberry Street • Waterloo,Iowa 59743-5783 • (31 J)233-4366 Fax(319)291-4262 . s NOEL C.ANDERSON,Community Planning&Developtnent Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication �.�- COUNCIL City Council Meeting: Februar 1 2012 MEMBERS Prepared: February 8, 2012 ••••••••«••••••••• Dept. Head Signature: -•— # DAVID of Attachments: JONES Ward I SUBJECT: Request to expend funds from the San Maman TIF in the amount of COLE $23,085.09 for payment to L&H Farms, Ltd, for property purchased for the Ansborough ad2Avenue/Shaulis Road Extension project. HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward 3 Recommended City Council Action: Approval QUENTIN HART Summary Statement: Transmitted herewith is a request to pay$23,085.09 to L&H Farms, Ward Ltd for the purchase of property needed in conjunction with the Ansborough RON Avenue/Shaulis Road Extension project. Initially, L&H is set to receive $13,744.50 in WELPER Surface Transportation Funds, which were received from the Iowa Department of urard5 Transportation for the project to proceed. However, you may remember the City entered BOB into a Land Swap Agreement with L&H in 2010 to purchase property near the intersection GREENWOOD of Highway 20 and Ansborough Avenue at a 3.21 to 1 ratio for the purpose of establishing a At-Large business park. Therefore, the $23,085.09 is the additional amount due on top of what L&H is already receiving in Surface Transportation Funds to meet the terms of the initial STEVE SCHMI'I'T agreement agreed upon in 2010. Once this is completed, staff can then proceed with At-Large closing with L&H on the right-of-way needed for the roadway project to begin. The project is set to be let this month, with an April 1, 2012 start date. Attached is a signed acquisition contract which breaks down how the payment to L&H is to be made. Therefore,we would ask that the City Council and Mayor take the appropriate action to expend the $23,085.09 from the San Marnan TIF for a payment to L&H Farms, Ltd. If you have any questions relating to this matter, please contact our office at the phone number listed above. Expenditure Required: $23,085.89 _ CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: San Marnan TIF Policy Issue: Transportation and Economic Development Alternative: Background Information: As a part of the Shaulis Road project, a portion of Ansborough Avenue is also being reconstructed, which is why this particular acquisition is necessary. NA:ta Cc: Noel Anderson, Community Planning and Development Director Michelle Weidner, Finance --file-- t ACQUISITION CONTRACT Parce[Nos._RAI -nv-1 lit_nnA rind 8813_09_30t_001 PROJECT fhn,olie Roil FYtAneinn�Anchmmngh Avernie Imnrnvemprk � THIS ACQUISITION CONTRACT(the"Contract")Is made and entered into as of I J1 ,2011 by and between I and N Farms lfri ("Seller"),and City of Waterloo,Iowa,("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"),described as:See legal riecrriptinne nttnrherl n%FYhihit"A.1 and A_9.,,City of Waterloo,State of Iowa, which Includes the buildings,improvements and other fixtures thereon. The Property also includes, "rf applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract,and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes,including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten(10)days notice of Seller's intention to do so by calling Buyer at(319)291-4366. 3. The Purchase Price shall be $1.�n, based on a fee title value of$15=per acre,as itemized on Exhibit'B" attached hereto. In addition to the Purchase Price, and in fulfillment of Buyer's obligations to Seller under that certain Option Exchange Agreement between the parties dated March 8,2010 and filed May 5,2010 as Doc.No. 2010-20574, Buyer shall pay to Seller at closing the sum of$7.3,085 09 from other non-Project funds of the City. Said additional sum represents the difference between fa) the purchase price of the fee-title interest in the Property as determined under the Option Exchange Agreement, and(b) the Purchase Price. Of the Purchase Price,$100.00 is on deposit with the law office of Clark,Butler,Walsh&Hamann,to be held in trust,and the balance of the Purchase Price shall be due and payable in full at ciosing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract,then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds$118,800,up to a maximum award of$22,500. 4. Possession of the Property shall be delivered to Buyer at closing,which shall occur on or before as the parties may hereafter agree,but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies,if any. No later than the closing date,Seller shall remove from the Property all of its personal property,trash,and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface,including but not limited to barrels,cans,or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (n)Rlnric Hnwir r n rnfy Inwn for trues (h)Ilnl n wn i injilrnmplefinn cf nhdrrirf r-nntinUnfinn 7. Buyer may include mortgagees, lienhoiders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. agrees r � ees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer,if title to the Property becomes an asset of any estate,trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed,free and clear of all liens, restrictions,and encumbrances except as provided in this Contract. 8. [This paragraph is optional depending on whether relocation expenses are involved.] Moving and relocation expenses of Seller shall be paid by Buyer,as set forth in this paragraph. Seller will provide to the Buyer a minimum of two estimates from professional moving companies. In addition, Buyer will reimburse Seiler for its actual miscellaneous,reasonable closing costs and expenses based on invoices supplied by Seller to Buyer. Any and all costs incurred by Seller in connection with cleaning up the Property to ready it for closing are not considered moving or relocation expenses. 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear,from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance,Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seiler hereby assigns the proceeds of any such insurance recovery to the Buyer,and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. r 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of., performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward,or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seiler, at Seller's request and at no additional cost to Buyer,to have this transaction qualify as an involuntary conversion pursuant to §1033 of the internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo,and(b)the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase 1,Seller agrees,no later to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract is further subject to the following terms and conditions:(a)Field entrances shall be constructed to Iowa Dep't of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 14. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE,the parties have entered into this Acquisition Contract as of the date first set forth above. Curtis Hollis,President,L and H Farms,Ltd. SSN or EIN [Seller name] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me a .by ,�! as T.IJ�I t--of Seller]. 4F"'MMISSION TIMANDERA"ISSlON NQ.757031 EXPIRESEBRUARY 78,2012 Notary Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) APPROVED BY' ATTESS C y (Mayor) (Clity Clerk) �� DATE APPROVED, 01 BUYER'S ACKNOWLEDGMENT: STATE OF IOWA,BLACK HAWKCOUNTY,ss: Acknowledged before me on by Pmpst .Clark an Su ry c ares as Mayor and City Clerk, respectively,of the City of Waterloo,Iowa. NotarYTublic 2 City of Waterloo ACQUISITION OF RIGHT OF WAY EXHIBIT "A-I`' l OF 2 COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. STP-U-8155(711)--70-07 PARCEL NO. 9 SECTION 09 TOWNSHIP 88 NORTH RANGE 13 WEST ROW-FEE 0.90 AC, TEMP EASE AC, PERM EASE AC Acquisition 09-88N-13W SW1/4 NW1/4 = 0.12 AC. \� N W1/4 SWI/4 = 0.78 AC. 49'05'15 TOTAL = 0.90 AC. EASTERLY RIGHT OF WAY LINE OF ANSBORWEST LINE S9-88-13 S 00.31'36" E SOUTH LNE OF PARCEL "B"DESCRIBED IN BOOK:2010 6.71' PAGE:15878 24.00' N 00'31'43" W � S 07'56'08" E — — — 169.47' 50.42' S 03'57'44" E POINT OF BEGINNING 112.88' WEST QUARTER CORNER S 03'57'44" E 09-T88N-R13W87.48' NORTH LINE NW1/4 SW1/4 SET MAG NAIL ~� 9-88-13 N 89'05'15" E 33.00' ( S 03'28'32" W WEST LINE NW1/4 SW1/4 Q 100.24' 9-8$-I3 \� 41 S 03'23'28" E win 100.12' 0 , OF {as00 P �' S� O 131 O O` _ [r O O m p (n ry Q a S 04'11'15" W SOUTH LINE OF WARRANTY DEED 64,50' BOOK 542 PAGE 966 _ � V S 89'04'05" W 35.20' SW CORNER 09-T88N-R13W FND. 3/4" IRON PIPE PLAT LEGEND: A DENOTES SECTION CORNER FOUND ADENOTES SECTION CORNER SET r DENOTES RON PIPE OR PIN FOUND O DENOTES 5/8'REBAR W/YnLOW /M PLASTIC CAP NO.17340 SET }R,MEASURED I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT R RECORDED AND ME RELATED SURVEY WORK WAS PERFORMED BY ME OR (P)PUTTED ���T1LANfill" UNDER MY DIRECT PERSONAL SUPER`ASION AND THAT 1 AM A DULY UCENSED LAND SURVEYOR UNDER ME LAWS OF THE .�.�2g�O ••••yCi,A i„ •L, OWNER: L AND H FARMS LTD. _tiv!• CHAD W. :{_ SIA OF IOW TAX PARCEL NO.; 8813-09-301-001 = MRS :F= HAD W.M DATE 8813-09-151-003 �' z 7340 LICENSE NUMBER JiG SURVEY REQUESTED Br SCALE 1"=LOO' •lOYtA MY LICENSE RENEWAL DATE IS DECEMBER 31,2012. CITY OF WATERLOO !TlhTlntTT�1� PADS OR SHEETS COVERED BY THIS SEAL SUR{'FYand 2 .. �A" a' so' 100' zao' 400SHEETS I' 2of2 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.9 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit"A",attached hereto and by reference made part hereof: Referring to the West Quarter Corner of said Section 9;Thence North 89'05'15"East,33.00 feet on the North line of said Northwest Quarter of the Southwest Quarter to a point on the Easterly Right of Way line of Ansborough Avenue and the Point of Beginning;Thence North 00°31'43" West, 169.47 feet on said Right of Way line to the South line of Parcel"B"described in Book 2010 Page 15878 in the Black Hawk County Recorders Office;Thence North 89°05'15"East, 24.00 feet on said South line;Thence South 00°31'36"East,6.71;Thence South 07°56'08"East, 50.42 feet;Thence South 03057"44"East, 112.88 feet to the North line of the Northwest Quarter of the Southwest Quarter;Thence continuing South 03°57'44"East,87.48;Thence South 03°28'32"West, 100.24 feet;Thence South 03°23'28"East, 100.12 feet;Thence South 00°31'43"East,500.00 feet;Thence South 04011'15"West,64.50 feet to the South line of a parcel of land described in Book 542 Page 966 in the Black Hawk County Recorders Office; Thence South 89°04'05"West,35.20 feet on said South line to said Easterly Right of Way line; Thence North 00°31'43"West,851.60 feet on said Easterly Right of Way line to the Point of Beginning,containing 0.90 acres more or less; Note:The West line of the Southwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31'43"West *r City of Waterloo ACQULSMON of TEMPORARY EASEMENT mmrr A_7- I OF 2 COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. STP-U-8155(711)--70-07 PARCEL NO. 9 SECTION 09 TOWNSHIP 88 NORTH RANGE 13 WEST ROW-EEE AC, TEMP EASE 0.13 AC, PERM EASE AC WEST LINE SK14 NW114 i 3-88-13 III �F1�b EASTERLY RIGHT OF WAYS UNE OF ANSBORQUGH AVE pF e' SOUTH LINE OF PARCEL 8" DESCRIBED IN BOOK.2010 PAGE:15878 LI L5 -- I POINT OF BEGINNING r tv r L rj WEST QUARTER Lo NORTH LINE NW114 SWI/4 CORNER 9-88-13 09-T88N-R13W ao SET MAG NAIL W NORTH LINE NET/4 SET/4 _0 LINE TABLE 8-88-13 ,Ilk rq LINE LENGTH BEARING L1 70.26 N 89'05'15" E TEST UNE NW7/4 SW114 I 2 L2 112.88 N 03'57'44" W 9-58-13 o L3 50.42 N 07'56'08" W L4 6.71 N 00'31'43" W L5 20,00 N 89`05'15" E 6 L6 8.80 S 89'04'05" W ti L7 64.50 N 04'11'15" E LS 100..12 N 03'23'28" W ¢ L9 100.24 N 03'28'32" E L10 87.48 N 03'57'44" W (�m o I 2 Q SOU7H LINE OF (¢ WARRANTY DEED a c�1 BOOK 542 PAGE 966 t Z v �th �t �y 6 Ik SW CORNER 09-T88N-R13W FND. 3/4" IRON PIPE PLAT LEGEND: ♦DENOTES SECTION CORNER FOUND A"OTES SECTION CORNER SET •DENOTES 6ia4 PIPE OR PIN FOUND 0 DENOTES 5/8'REBAR W/YELLOW PLASTIC CAP NO.17340 SET N RECORDED 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT R RECORDED OND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR (P)PUTTED `�•�`a`II.ANo s�� DUMMY LICENSED LMY AND SURVEYOR UPERSONAL NDER THE LAWS AOFIAM THE A `yF, G STATE OF IOWA. _/ /� y !!/i��s .{2 2 OWNER: L AND H FARMS LTD. TAX PARCEL NO, 8813-09-301-001 =�: 1M RSH ;z= T i�.W.MAR DATE 8813-09-151-003 340 ; •. .•*``` USE NUMBER/, SURVEY RE0UES=6Y.- SCALE 1"--200' i MY LICENSE RENEWAL DATE IS DECEMBER 31,2012, 0 T OF WATERLOO /aafTJ�QyNtll \ PAGES OR SHEETS COVERED BY TWS SEAL: MARS MAY 20Da 0' 50' 100' 200' 400' ` ,' 2 2of2 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.9 BLACK HAWK COUNT' PROJECT NO.STP-U-8155(711)--70-07 THE TEMPORARY EASEMENT TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit"A", attached hereto and by reference made part hereof: Referring to the West Quarter Corner of said Section 9;Thence North 89'05'15"East,70.26 feet on the North line of said Northwest Quarter of the Southwest Quarter to the Point of Beginning;Thence North 03°57°44 West, 112.88 feet;Thence North 07°56008 West,50.42 feet;Thence North 00°31°43 West, 6.71 feet to the South line of Parcel`B"described in Book 2010 Page 15878 in the Black Hawk County Recorders Office;Thence North 89'05'15"East,20.00 feet on said South line;Thence South 00°31'43" East, 1021.06 feet to the South line of a parcel of land described in Book 542 Page 966 in the Black Hawk County Recorders Office;Thence South 89°04'05"West,8.80 feet;Thence North 04°1115 East, 64.50 feet;Thence North 00°31°43 West,500.00 feet;Thence North 03°23°28 West, 100.12 feet; Thence North 03°28°32 East, 100.24 feet;Thence North 03°57°44 West,87.48 feet to the Point of Beginning,containing 0.13 acres more or less; Note:The West line of the Southwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31`43"West FXHII_RIT"R" Price per acre(fee interest)_$15,000.00 Fee acquisition 0.90 $13,500.00 Temporary easement(s) 0.13 244.50 TOTAL $13,744.50 CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: F.Y. 2010 RIVERFRONT RENAISSANCE TRAIL- W. 6TH STREET TO W. 18TH STREET CONTRACT NO. 761 NOTICE OF DISCONTINUATION Submitted by: Jamie Knutson, PE Associate Engineer Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This document is required by the DNR when stabilization of the project site has been obtained. CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 -$ 13,163.85 INCREASE F.Y. 2011 SIDEWALK REPAIR PROGRAM — ZONE 1 AND TRAIL REPAIRS AND TRAIL REPAIRS MIKE DOLAN CONCRETE &MASONRY, INC. CONTRACT 804 Submitted by: Wayne Castle, PLS, EI 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. 1 in the increased amount of$13,163.85. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a increase to the total project cost. Expenditure Required Source of Funds G O Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: FY 2011 SIDEWALK & RECREATIONAL TRAIL REPAIR PROGRAM — ZONE 1 CONTRACT NO. 804 Date Prepared: February 7,2012 AMOUNT: $13,163.85 INCREASE TO: MIKE DOLAN CONCRETE & MASONRY, INC , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated April 4, 2011. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for some bid items C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE $13,163.85 BY: MIKE DOLAN CONCRETE & MASONRY, INC Mayor Date CONTRACTOR �} BY:�/" c> — 7 � v2 Date ATTEST: TITLE: 1 ,�'eS/d f�Z City Clerk Date APPROVED: &1i , S�� City Engineer Date Change Order No. 1 Contract No. 804 Sheet 1 of 1 F.Y.2011 SIDEWALK AND RECREATIONAL TRAIL REPAIR PROGRAM-ZONE 1 CONTRACT NO. 804 FINAL QUANTITIES ADJUSTMENT DIVISION 1-SIDEWALK REPAIRS BID DOLAN ORIGINAL FINAL QUANTITY INCREASE/ ITEM Item Description UNIT PRICE QUANTITY QUANTITY DIFFERENCE DECREASE 1 REM/REP SIDEWALK,4"PCC $ 4.30 5,404.20 4,046.50 (1,357.70) $ (5,838.11) 2 NEW 4"PCC SIDEWALK $ 3.55 937.60 592.10 (345.50) $ (1,226.53) 3 REMOVE 4"PCC SIDEWALK $ 0.75 297.00 1,300.00 1,003.00 $ 752.25 4 REM/REP SIDEWALK,6"PCC $ 4.80 4,139.20 6,377.80 2,238.60 $ 10,745.28 5 NEW 6"PCC SIDEWALK $ 4.10 690.20 792.10 101.90 $ 417.79 6 REMOVE 6"PCC SIDEWALK $ 0.85 20.70 0.00 (20.70) $ (17.60) 7 DETECTABLE WARNING SURFACE $ 18.00 608.00 588.00 (20.00) $ (360.00) 8 REMOVE&REPLACE 24"C&G,6"PCC $ 27.00 100.50 14.20 (86.30) $ (2,330.10) 9 REMOVE&REPLACE 24"C&G, 10"PCC $ 31.00 162.50 198.80 36.30 $ 1,125.30 10 REMOVE&REPLACE 24"C&G, 12"PCC $ 32.95 106.50 73.30 (33.20) $ (1,093.94) 11 WATER VALVE ADJUST $ 300.00 1.00 0.00 (1.00) $ (300.00) 12 REMOVE TREE ROOTS $ 75.00 3.00 0.00 (3.00) $ (225.00) 13 TRAFFIC CONTROL 11 $ 1,200.00 1.00 1.00 0.00 $ - 14 GRAVEL BACKFILL 1 $ 25.00 25.00 1 44.00 19.00 $ 475.00 15 ALTERNATE A-SAW CUT CURB AT SELECT LOCATIONS $ 20.00 46.00 1 0.00 (46.00) $ (920.00) $ 1,204.35 DIVISION 2-TRAIL REPAIRS BID B&B ORIGINAL FINAL QUANTITY INCREASE/ ITEM Item Description UNIT PRICE QUANTITY QUANTITY DIFFERENCE DECREASE 1 REMOVE EXIST. 1 1/2"ACC, 11'WIDE $ 0.50 3,135.00 3,135.00 0.00 $ - 2 NEW 5"PCC, 10'WIDE $ 4.00 2,850.00 5,715.00 2,865.00 $ 11,460.00 3 CONCRETE WASHOUT BAGS $ 100.00 6.00 2.00 (4.00) $ (400.00) 4 TOPSOIL AND SEEDING $ 35.00 130.00 155.70 25.70 $ 899.50 5 TRAFFIC CONTROL $ 300.00 1 1.00 1.001 0.00 1 $ $ 11,959.50 TOTAL INCREASE IN CONSTRUCTION ITEMS/FINAL QUANTITY SUMMARY - $ 13,163.85 PAY ESTIMATE#1 $ 18,499.86 PAY ESTIMATE#2 $ 43,494.95 PAY ESTIMATE#3 $ 10,558.68 PAY ESTIMATE#4 $ 5,145.52 PAY ESTIMATE#5 $ 19,844.63 PAY ESTIMATE#6 $ 3,034.27 PAY ESTIMATE#7 $ 654.46 RETAINAGE $ 5,328.02 TOTAL PAYMENTS EE�4$106,560.38 ORIGINAL CONTRACT AMOUNT $ 93,396.54 AMENDED CONTRACT AMOUNT $ 93,396.54 AMENDED CONTRACT AMOUNT $ 93,396.54 FINAL QUANTITY SUMMARY-CHANGE ORDER#1 $ 13,163.85 FINAL CONTRACT AMOUNT $ 106,560.39 CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: FebruaU 7, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 SIDEWALK REPAIR PROGRAM—ZONE 1 AND TRAIL REPAIRS MIKE DOLAN CONCRETE & MASONRY, INC. Contract No. 804 Submitted by: Eric Thorson, P.E., City En ig neer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that Mike Dolan Concrete &Masonry, Inc., of Waterloo, Iowa, has completed the F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804 in accordance with the plans and specifications. The total cost of the contract was $106,560.39. Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2)years. Expenditure Required Source of Funds G O Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 LARRY N.SMITH SUPERINTENDENT Mayor Council Communication BUCK City Council Meeting: 2/13/2012 CLARK Prepared: 2/2/2012 ' Dept. Head Signature: COUNCIL # of Attachments: 2 _____ MEMBERS --- SUBJECT: Professional Service Agreement with AECOM DAVID JONES Submitted by: Larry N. Smith Ward I CAROLYN Recommended City Council Action: Resolution approving Professional Services COLE Agreement with AECOM. Ward 2 HAROLD Summary Statement: Professional service agreement with AECOM to prepare plans, GETTY specification and contract documents for receiving bids for the CIP Pipe Lining and Ward 3 manhole rehabilitation in the sanitary sewer system along West Airline Highway and west QUENTIN of WCF&N Drive and Broadway Street. HART Ward 4 RON WELPER Expenditure Required: Ward 5 BOB GREENWOOD Source of Funds: Sewer Bonds At-Large STEVE SCHMITT Policy Issue: At-Large Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signatur # of Attachments: SUBJECT: Recommendation-Award of Bid to Stivers Ford for the purchase of Six(6) 2013 Police Interceptors Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation - Award of Bid to Stivers Ford Expenditure Required: $142,926.00 Source of Funds: 411-11-1100.2117 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid from Stivers Ford, in the amount of$142,926 be accepted. Bids received were: Stivers Ford Waukee, IA $142,926 Bill Colwell Ford Hudson,IA $143,442 CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature: Pat Treloar r # of Attachments: SUBJECT: Ambulance Services Agreement Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve Summary Statement: This is an agreement between Waterloo Fire Rescue and Allen Hospice to provide medical transportation of Hospice patients to their facility. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Both the City Clerk and the legal department have reviewed this agreement. CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 OD NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: February 1 2012 MEMBERS Prepared: February 8, 2012 ..................• Dept. Head Signature: DAVID # of Attachments: JONES Ward I SUBJECT: Request to expend funds from the San Marnan TIF in the amount of CAROLYN $23,085.09 for payment to L&H Farms, Ltd, for property purchased for the Ansborough COLE Avenue/Shaulis Road Extensionro ect. Ward 2 p HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward 3 Recommended City Council Action: Approval QUENTIN HART Summary Statement: Transmitted herewith is a request to pay $23,085.09 to L&H Farms, Ward 4 Ltd for the purchase of property needed in conjunction with the Ansborough RON Avenue/Shaulis Road Extension project. Initially, L&H is set to receive $13,744.50 in WELDER Surface Transportation Funds, which were received from the Iowa Department of Wards Transportation for the project to proceed. However, you may remember the City entered BOB into a Land Swap Agreement with L&H in 2010 to purchase property near the intersection GREENWOOD of Highway 20 and Ansborough Avenue at a 3.21 to 1 ratio for the purpose of establishing a At-Large business park. Therefore, the $23,085.09 is the additional amount due on top of what L&H is already receiving in Surface Transportation Funds to meet the terms of the initial STEVE SCHMITT agreement agreed upon in 2010. Once this is completed, staff can then proceed with At-Large closing with L&H on the right-of-way needed for the roadway project to begin. The project is set to be let this month, with an April 1, 2012 start date. Attached is a signed acquisition contract which breaks down how the payment to L&H is to be made. Therefore,we would ask that the City Council and Mayor take the appropriate action to expend the $23,085.09 from the San Marnan TIF for a payment to L&H Farms, Ltd. If you have any questions relating to this matter, please contact our office at the phone number listed above. Expenditure Required: $23,085.89 CITY WEBSITE: wwwcimaterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: San Marnan TIF Policy Issue: Transportation and Economic Development Alternative: Background Information: As a part of the Shaulis Road project, a portion of Ansborough Avenue is also being reconstructed, which is why this particular acquisition is necessary. NA:ta Cc: Noel Anderson, Community Planning and Development Director Michelle Weidner, Finance --file-- ACQUISITION CONTRACT Parcel Nos. AAI-A-n9_1st_nn/and aals_no—am_nnt PROJECT fhnudic Rnnd Fxlancinn JAnehnrnugh Ovanua Imrkmvamantc THIS ACQUISITION CONTRACT(the"Contract")Is made and entered into as of D Abvi-1 L2011 by and between i nnri N Fnrmc,i td ("Seller"),and City of Waterloo,Iowa,("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"),described as:Spa lagal dacrrriptinnc nMnr•hod nc Frhihit"n_>i and o_9",City of Waterloo,State of Iowa, which includes the buildings,improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract,and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes,including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten(10)days notice of Seller's intention to do so by calling Buyer at(319)291-4366. 3. The Purchase Price shall be S IA SAA Sn, based on a fee title value of$15,000 per acre,as itemized on Exhibit"B" attached hereto. In addition to the Purchase Price, and in fulfillment of Buyer's obligations to Seller under that certain Option Exchange Agreement between the parties dated March 8,2010 and filed May 5,2010 as Doc.No. 2010-20574, Buyer shall pay to Seller at closing the sum of S23 081;02 from other non-Project funds of the City. Said additional sum represents the difference between (a) the purchase price of the fee-title interest in the Property as determined under the Option Exchange Agreement, and(b) the Purchase Price. Of the Purchase Price,$100.00 is on deposit with the law office of Clark,Butler,Walsh&Hamann,to be held in trust,and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract,then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds$118,800,up to a maximum award of$22,500. 4. Possession of the Property shall be delivered to Buyer at closing,which shall occur on or before as the parties may hereafter agree,but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies,if any. No later than the closing date,Seller shall remove from the Property all of its personal property,trash,and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface,including but not limited to barrels,cans,or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (n)Rlnrk Hnwk r'ni intV lawn for fnYac (h)I Inknnwn t intil completion of nhdrart nnntint intinn 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will fumish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law,and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed,free and clear of all liens, restrictions,and encumbrances except as provided in this Contract. 8. [This paragraph is optional depending on whether relocation expenses are involved.] Moving and relocation expenses of Seller shall be paid by Buyer,as set forth in this paragraph. Seller will provide to the Buyer a minimum of two estimates from professional moving companies. In addition, Buyer will reimburse Seller for its actual miscellaneous,reasonable closing costs and expenses based on invoices supplied by Seller to Buyer. Any and all costs incurred by Seller in connection with cleaning up the Property to ready it for closing are not considered moving or relocation expenses. 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear,from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance,Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer,and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward,or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer,to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo,and (b)the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I,Seller agrees,no later ,to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract is further subject to the following terms and conditions:(a) Field entrances shall be constructed to Iowa Dep't of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 14. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE,the parties have entered into this Acquisition Contract as of the date first set forth above. Curtis Hollis,President,L and H Farms,Ltd. SSN or EIN [Seller name] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me o^ -� ,by J as Of Seller]. TIM ANDERA VL COMMISSION NO.767031• ,0 MY COMMISSION EXPIRES FEBRUARY 18 2012 Notary Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) APPROVED BY- ATTEST:� (Mayor) ( ity Clerk) DATE APPROVED- I�I "I BUYER'S ACKNOWLEDGMENT: STATE OF IOWA,BLACK HAWKCOUNTY,ss: Acknowledged before me on I by rnest ,Clark an Sury cares as Mayor and City Clerk, respectively,of the City of Waterloo,Iowa. ota Public 3 f 2 City of Waterloo ACQUISITION OF RIGHT OF WAY EXHIBIT "A-I 1 OF 2 COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. STP-U-8155(711)--70-07 PARCEL NO. 9 SECTION 09 TOWNSHIP 88 NORTH RANGE 13 WEST ROW-FEE 0.90 AC, TEMP EASE AC, PERM EASE AC Acquisition 09-88N-13W SW1/4 NW1/4 = 0.12 AC. NW1/4 SW1/4 = 0.76 AC. �F\ TOTAL = 0.90 AC. EASTEY RIGHT OF WAY L NE OFL ANSBOROUGH AVE. WEST LINE SW1/4 NW1/4I 5��88 N-b 9-88-13 S 00'31'36" E SOUTH LINE OF PARCEL "B" DESCRBE N 89'05'15' E I 6.71' PAGE:158DSIN BOOK:2010 24.00' N 00'31'43" W I S 07'56'08" E - - - 169.47' 50.42' S 03'57'44" E POINT OF BEGINNING 112.88' WEST QUARTER CORNER S 03'57'44" E 09-T88N-R13W87.48' NORTH LINE NW1/4 SWt/4 SET MAG NAIL —� 9-88-13 N 89'05'15" E 33.00' S 03'28'32" W WEST LINE NW1/4 SWI/4 p 100.24' 9-88-13 \� W S 03'23'28" E w (A 100.12' F o W -s 1�4i F I 41 o LLI W C,a Q 00 m = Ic T pO EC U1 O p CO Q Cn N Q CDS 04'11'15" W SOUTH LINE OF WARRANTY DEED 64.50' BOOK 542 PAGE 966 S 89'04'05" W 35.20' SW CORNER 09-T88N-R13 VFIFND. 3/4" IRON PIPE PLAT LEGEND: N ♦DENOTES SECTION CORNER FOUND 4 DENOTES SECTION CORNER SET •DENOTES IRON PIPE OR PIN FOUND 0 DENOTES 5/8'RERAR W/YELLOW PLASTIC CAP NO.17340 SET RMMEASUREDI HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT RECORDEDAND THE RELATED SURVEY WORK WAS PERFORMED BY ME Oft (P)PLATTED �VVTT.ANDTTYY�j DULLYRLICENSED LANDCT 1SURVEYOR 11 UN ER THE LAWS"11 All AOFI THE 11 A `=yYG •• •• � STA OF IOW •L% OWNER: L AND H FARMS LTD. Q. CFIAO yy,:SG,➢•<� ".1,_Z/ZL�� TAX PARCEL NO.: 8813-09-301-001MARSHa= AD W.MA DATE 8873-09-751-003 = 17340 ; LICENSE NUMBER /Z.W SURVEY REQUESTED @Y.• SCALE I"=200' �� �pN/P MY LICENSE RENEWAL GATE IS DECEMBER 31,2012. CITY OF WATERLOO /11It 111,%TYY PACES OR SHEETS COVERED BY THIS SEAT_ SURVEYED: SHEETS 1 o"a 2 0' 50' 100' 200' 400' 1 1 2of2 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.9 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit"A",attached hereto and by reference made part hereof: Referring to the West Quarter Corner of said Section 9;Thence North 89'05'15"East,33.00 feet on the North line of said Northwest Quarter of the Southwest Quarter to a point on the Easterly Right of Way line of Ansborough Avenue and the Point of Beginning;Thence North 00°31'43" West, 169.47 feet on said Right of Way line to the South line of Parcel`B"described in Book 2010 Page 15878 in the Black Hawk County Recorders Office;Thence North 89°05'15"East, 24.00 feet on said South line;Thence South 00°31'36"East,6.71;Thence South 07°56'08"East, 50.42 feet;Thence South 03°57"44"East, 112.88 feet to the North line of the Northwest Quarter of the Southwest Quarter;Thence continuing South 03°57'44"East,87.48;Thence South 03°28'32"West, 100.24 feet;Thence South 03023'28"East, 100.12 feet;Thence South 00°31'43"East,500.00 feet;Thence South 04°11'15"West,64.50 feet to the South line of a parcel of land described in Book 542 Page 966 in the Black Hawk County Recorders Office; Thence South 89°04'05"West,35.20 feet on said South line to said Easterly Right of Way line; Thence North 00°31'43"West,851.60 feet on said Easterly Right of Way line to the Point of Beginning,containing 0.90 acres more or less; Note:The West line of the Southwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31`43"West i i City of Waterloo ACQUISITION OF TEMPORARY EASEMENT EXHIBIT "A—`L 1 OF 2 COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. STP—U-8155(711)--70-07 PARCEL NO. 9 SECTION 09 TOWNSHIP 88 NORTH RANGE 13 WEST ROW—FEE AC, TEMP EASE 0.13 AC, PERM EASE AC WEST LINE SWI/4 NW114 9-88-13 �1Ik EASTERLY RIGHT OF WAY LINE OF ANSBOROUGH AVE p1� 1� SOUTH LINE OF PARCEL "B"' DESCRIBED IN BOOK:2010 PAGE:15878 L5 L I W POINT OF BEGINNING No r L1 0 WEST QUARTER NORTH LINE NW1 4 SWI14 CORNER 09-T88N-R13W o0 9-88-13 SET MAG NAIL NORTH LINE NE;/ SE7/4 c{' s-ss-73 Q LINE TABLE LINE LENGTH BEARING 5F1� I L1 70.26 N 89'05'15" E �F WEST LINE IVW114 SW7/4 2 L2 112.88 N 03'57'44" W 9-88-13 pF oo L3 50.42 N 07'56'08" W L4 6.71 N 00'31'43" W L5 20.00 N 89'05'15" E L61 8.80 S 89'04'05" W N L7 64.50 N 04'11'15" E �u L8 100.12 N 03'23'28" W Q L9 100.24 N 03'28'32" E yL L10 87.48 N 03'57'44" W N J pm gO v 2 o SOUTH LINE OF Q WARRANTY DEED o c�1 BOOK 542 PAGE 966 0 5� 6 � 0 9 SW CORNER 09-T88N-R13W FND. 3/4" IRON PIPE PLAT LEGEND: N ♦DENOTES SECTION CORNER FOUND A DENOTES SECTION CORNER SET •DENOTES IRON PIPE OR PIN FOUND 0 DENOTES 5/8"REBAR W/YELLOW PLASTIC CAP NO.17340 SET - (A1)MEASURED I HEREBY CERRFY THAT THIS LAND SURVEYING DOCUMENT (R))RECORDED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR (P)PLATTED OX"IANO ITYY UNDER MYDIRECT PERSONAL SUPERNSION AND THAT I AM A DULYLICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OOWAOWNER: L AND H FARMS LTD. CHAD W. ;o% L/��//61�•�t �f'Z�ZD// TAX PARCEL NO.: 8813-09-301-001 MARSH z= �HAO W MAR DATE 8813-09-151-003 17340 _ -f �' LICENSE NUMBER/7 340 SURVEY REQUESTED BY: SCALE 1"=200' '• MY LICENSE RENEWAL DATE IS DECEMBER 31,2012. CITY OF WATERLOO 1777 I I IP TTY``\ PAGES OR SHEETS COVERED BY THIS SEAL: SURVEMARCH TO MAY 2008 0' 50' 100' 200' 400' SHEETS 1 and 2 2 of 2 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.9 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE TEMPORARY EASEMENT TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit"A", attached hereto and by reference made part hereof: Referring to the West Quarter Corner of said Section 9;Thence North 89'05'15"East,70.26 feet on the North line of said Northwest Quarter of the Southwest Quarter to the Point of Beginning;Thence North 03°57°44 West, 112.88 feet;Thence North 07°56°08 West,50.42 feet;Thence North 00'31043 West, 6.71 feet to the South line of Parcel`B"described in Book 2010 Page 15878 in the Black Hawk County Recorders Office;Thence North 89005'15"East,20.00 feet on said South line;Thence South 00°31'43" East, 1021.06 feet to the South line of a parcel of land described in Book 542 Page 966 in the Black Hawk County Recorders Office;Thence South 89°04'05"West,8.80 feet;Thence North 04°11°15 East, 64.50 feet;Thence North 00°31°43 West,500.00 feet;Thence North 03°23°28 West, 100.12 feet; Thence North 03°28°32 East, 100.24 feet;Thence North 03°57°44 West,87.48 feet to the Point of Beginning,containing 0.13 acres more or less; Note:The West line of the Southwest Quarter of Section 9,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00'31'43"West FXHIRIT"R" ACIES LLLI.P. Price per acre(fee interest)_$15,000.00 Fee acquisition 0.90 $13,500.00 Temporary easement(s) 0.13 244.50 TOTAL $13,744.50 CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: F.Y. 2010 RIVERFRONT RENAISSANCE TRAIL - W. 6TH STREET TO W. 18TH STREET CONTRACT NO. 761 NOTICE OF DISCONTINUATION Submitted by: Jamie Knutson, PE,Associate Engineer Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A I jBackground Information: This document is required by the DNR when stabilization of the project site has been obtained. I i I I CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 -$ 13,163.85 INCREASE F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS AND TRAIL REPAIRS MIKE DOLAN CONCRETE &MASONRY, INC. CONTRACT 804 Submitted by: Wayne Castle, PLS, El,Associate En ig neer 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. 1 in the increased amount of$13,163.85. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a increase to the total project cost. Expenditure Required Source of Funds G O Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: February 13, 2012 Prepared: February 7. 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 SIDEWALK REPAIR PROGRAM—ZONE 1 AND TRAIL REPAIRS MIKE DOLAN CONCRETE & MASONRY, INC. Contract No. 804 Submitted by: Eric Thorson P.E. Ci Engineer y � Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that Mike Dolan Concrete &Masonry, Inc., of Waterloo, Iowa, has completed the F.Y. 2011 SIDEWALK REPAIR PROGRAM- ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804 in accordance with the plans and specifications. The total cost of the contract was $106,560.39. Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2)years. Expenditure Required � 9 Source of Funds G O Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department 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 Mayor CITY OF WATERLOO BUCK CLARK COUNCIL Council Communication MEMBERS City Council Meeting: February 13, 2012 ••••••••w•••••••••• Prepared: February 10, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID JONES # of Attachments: 1 Ward I SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and CAROLYN fully execute an amendment to the original Development Agreement with Hope COLE Martin Anderson dated February8 2010 to change completion 2 date from December 21, 2010 to December 31, 2012, change minimum HAROLD assessment end date to December 31, 2021, lower rebates to 5 years at GETTY 50%, and to change the Minimum Assessment amount to $877,500 on parcel Ward number 8813-10-101-034. QUENTIN HART Submitted by: Noel Anderson, Community Planning & Development Director Ward 4 RON Recommended City Council Action: Resolution approving amendment WELPER Ward Summary Statement: As you may recall, back in 2010, the City Council BOB approved a Development Agreement with Hope Martin Anderson for the GREENWOOD development of a professional office building and warehouse, in the San Marnan At-Large corridor (northeast corner of Kimball and Highway 20). The building is currently under construction, but has been split off from a larger parcel, as future mini STEVE storage potentially planned for the area will occur at another time. The change in ScxrgeITT At-Large plans requires some change in the original development agreement: 1. The former project was over $1 million, which would call for tax rebates and "free" land equivalent. The original agreement added in land value, going 4 years at 50%, and a 5t" year at 67%. This amendment will change that to 5 years at 50%. 2. The minimum value will change, as noted, from $1,329,976 to $877,500. 3. The completion deadline will change from December 21, 2010 to December 31, 2012. 4. The end date for the minimum assessment agreement will change from December 31, 2019 to December 31, 2021 (or as specified in amendment to a date 10 years at a determined timeline of starting rebates). 5. The amendment also notes the new parcel to be impacted by the development agreement, as the original larger parcel was split for phasing more development lots. CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer All other terms of the original Development Agreement would remain the same. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The building is a new professional office building in the San Marnan area. The building shows great success in the Highway 20 corridor, joining many other professional office developments in that area. The City of Waterloo continues to prioritize the San Marnan Corridor for redevelopment. As there are many other projects listed above, we are proving to be successful in this endeavor. With the overall goal of trying to accomplish the goal of trying to bring new development, staff would support the amendment to the development agreement. ; i j i E 1 I Prepared by Noel Anderson, City of Waterloo,City Hall, 715 Mulberry Street,Waterloo, Iowa 50703 phone: 319-291-4366,facsimile 319-291-4262 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT i This First Amendment to Development Agreement(the"Amendment")is entered into as of 2012, by and between the City of Waterloo, Iowa("City")and Hope Martin Anderson("Company"), RECITALS I A. Company is a party with City to that certain Development Agreement and Minimum Assessment Agreement dated February 8,2010(the"Agreement")concerning the development of land as described in the Agreement. B. Company had originally grouped a larger parcel together for future development, but now would request to separate current development from future development on the splitting of the parcels of land. C. The original Development Agreement had an approximate 15,200 sq.ft, office building to be built on the site,with that site having a new taxable value of $1,329,976,creating a tax rebate schedule of had occupancy and completion of the building after that date above, moving the tax rebate schedule back by one year for full rebate value. Therefore it is necessary to move back the dates above for substantial completion from December 31,2010 to December 31,2012, termination of the Minimum Assessment Agreement by new wording described below,altering the new Minimum Value and rebate schedule for a building under $1 million in value,and by changing the site area covered by the Development Agreement to reflect only the site for which the office building is being built upon. D. All other terms of the Development Agreement would remain the same. NOW,THEREFORE,in consideration of the mutual promises set forth herein,the parties hereby agree as follows; 1. The Timeliness of Construction wording set forth in Section 4 of the Agreement is hereby amended to read substantial completion by December 31,2012. 2. The Minimum Assessment Agreement,Section 4,wording of the agreement is amended to read as follows: 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit"B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $877,500.00("Minimum Actual Value"). 3. The new rebate schedule, Section 5,shall be 5 years at 50%. 4. Exhibit"B"Minimum Assessment Agreement. Section 1,the new Minimum Actual Value shall be$877,500 for the office building/warehouse on parcel number 88-13-10-101-034. Exhibit"A" shall be amended to reflect this new legal description of said parcel j number. The date for substantial completion shall also be amended in ! this section to read December 31,2012. 5. Exhibit"B"Minimum Assessment Agreement. Section 2 is amended to j read as follows: 2. The Minimum Actual Value herein established shall be of no further force and effect,and this Minimum Assessment Agreement shall terminate,on December 31,2021,or on December 31 of the year that is ten(10)years after the effective date of the property's Minimum Actual Value. Nothing herein shall be deemed to waive the Company's rights under Iowa Code§ 403.6,as amended,to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however,shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. i The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full,commencing with the assessment of January 1,2022 for the Property,or,as applicable,January 1 immediately following the timeline of effective date of i property's Minimum Actual Value as noted above. IN WITNESS WHEREOF,the parties have executed this First Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. I HOPE MARTIN ANDERSON CITY OF WATERLOO,IOWA By: a, By: Hope artin Anderson Ernest G. Clark, Mayor j By: j Suzy Schares, City Clerk I I I i i 2 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 MEMBERS ..••••...•.••. Council Communication City Council Meeting: February 13, 2012 Prepared: February 9, 2012 DAVID JONES Dept. Head Signature: Hotel/Motel Discretionary Funding Committee Ward 1 Number of Attachments: Applications available in CFO's office for review CAROLYN SUBJECT: Hotel/Motel Discretionary Grant Applications COLE Ward Submitted by: Michelle Weidner, CFO,., HAROLD GETTY Recommended Action: Approve the award of hotel/motel discretionary Ward funding to the following entities in the amounts reflected below. The current QUENTINM. available balance for this fiscal year is $73,553.78. HART Ward Summary Statement— Committee Funding Recommendations: FYE2012 Funds: RON 1. Cultural & Arts Department —Amphitheater/Expo Marketing $ 30,000.00 WELDER 2. Leisure Services — SportsPlex Strategic Marketing 10,000.00 Wards 3. Police Department— Event Overtime 20,000.00 BOB Total $ 60,000.00 GREENWOOD At-Large FYE2013 Funds: 1. Waterloo Municipal Band $20,000.00 STEVE SCHMITT At-Large Expenditure Required: $60,000 FYE2012 and $20,000 from FYE2013 Source of Funds: Hotel/Motel Discretionary Funds Policy Issue: N/A Alternative: N/A Background Information: N/A CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO ti C k q(D(96(9— Council Communication City Council Meeting. February 13, 2012 Prepared: February 8, 2012 Dept. Head Signature:C6.. # of Attachments: 1 SUBJECT: Condominium Conversion Submitted by: Craiq Clark Building Official Recommended City Council Action: Approval of new condominium conversion ordinance. Summary Statement Expenditure Required Source of Funds j Policy Issue lAlternative Background Information: The addition of this ordinance would require that all apartments (existing structures)would have to be converted to meet the current code at the time of filing. State law 499B is a State requirement that gives local jurisdiction on the authority to verify the condominium conversions meet code. This ordinance would make it a Municipal infraction and give local citizen direction. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 13, CONDOMINIUM CONVERSION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Chapter 13, Condominium Conversion, of Title 9, Building Regulations, is hereby enacted as follows: TITLE 9 CHAPTER 13 CONDOMINIUM CONVERSION 9-13-1: Conversion of Existing Structure to Horizontal Property Regime (Condominium): When all of the owners of real property or all of the lessees under a lease of real property desire to submit a parcel of real property located in the city, upon which an existing building or structure is located, to the horizontal property regime established by Iowa Code chapter 499B, the declarant shall file the declaration of the horizontal property regime with the city building official of the City of Waterloo at least sixty(60) days before the declaration is recorded in the office of the Black Hawk County Recorder, to enable the City to establish that the existing building or structure meets the applicable building code requirements of the city, as specified in Iowa Code ' 499B.20 and as described in this chapter. 9-13-2: Filing of AAs Built@ Plans: In compliance with all requirements of Iowa Code chapter 499B and this chapter, the declarant shall submit to the city building official at the time of filing of the declaration a full and exact copy of"as built"plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of the proposed conversion of the existing structure to the horizontal property regime, together with the applicable condominium conversion fee, in such amount as shall be established from time to time by resolution of the city council. 9-13-3: Compliance with City Building Code Requirements: In order to satisfy the requirements of this chapter, the existing building or structure which is to be submitted to the horizontal property regime must meet all city building code requirements which are in effect as of the date of filing of the declaration with the city building official. 9-13-4: Inspection of Structure: Upon the filing of such a declaration with the city building official, the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. 9-13-5: Issuance of Certificate of Compliance or Non-Compliance: Within sixty(60) days of the date of filing of such declaration with the city building official, the city building official shall either: A. Issue to the declarant a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or B. Issue to the declarant a certificate of non-compliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. 9-13-6: Failure to Comply with Conversion Requirements: Upon determining that a declarant has filed a declaration with the county recorder without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of non-compliance to the declarant. The declarant will have sixty(60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the 60-day period, the building official shall record a notice of non-compliance in the office of the Black Hawk County Recorder. 9-13-7: Violation; Penalty: Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk 2 Iowa Code 499B Page 9 of 9 In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor's share of the common expenses up to the time of the grant or conveyance,. without prejudice ' to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the council of co-owners or its representatives, setting"-orth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth. Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 499B.19] 499B.20 CONVERSIONS TO MEET BUILDING CODES . After April 25, 2000, an existing structure shall not be converted to a horizontal property regime unless the converted structure meets local city or county, as applicable, building code requirements in effect on the date of conversion or the state building code requirements, as adopted pursuant to section 103A.7, if the local city or county does not have a building code. For purposes of this section, if the structure is located in a city, the city building code applies and if the structure is located in the unincorporated area of the county, the county building code applies. Section History: Recent Form 2000 Acts, ch 1142, §4, 5; 2004 Acts, ch 1086, §82 Referred to in § 499B.3 Previous Chapter 499A Next Chapter 500 http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&... 12/29/2011 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 Council Communication JJ Mayor City Council Meeting: Februaa 13 2 BUCK Prepared: February 8, 2012 CLARK Dept.Head Signature: COUNCIL # of Attachments:— q MEMBERS RS... SUBJECT: Asbestos Survey Contract - 300 W. Mullan Ave. (former Grand Hotel) - Change Order/Extra Work Order No. 1; additional point sampling on joint compound on walls in hotel DAVID rooms. JONES Ward 1 Submitted by: Noel Anderson-Community, Planning and Development Director CAROLYN COLE Recommended City Council Action: We recommend that the City Council authorize change/ Ward 2 extra work order to provide additional asbestos survey sampling as outlined in the change/extra HAROLD work order. GETTY Ward 3 Summary Statement The original survey was conducted by August Enterprises in May of 2011. QUENTIN During the asbestos abatement walk through it was suggested that there be additional Point HART Counting samples be taking on overspray on steel beams in roofline of hotel. ATC was selected as Ward 4 lowest bidder to do additional testing for $1,010.00. During a second walk through, it was RON suggested that additional testing be conducted on joint compounds from walls in various rooms of WELDER the hotel. The results revealed that both the overspray and joint compound on walls were asbestos Ward 5 containing and needed to be removed.The change/extra work order to test the joint compound BOB resulted in a change to the original contract in the amount of$320.00 for a total contract amount GREENWOODof$1,030.00. This change/extra work order will be paid from G.O. General Obligation Bonds. At-Large STEVE Expenditure Required An additional$320.00 to the original low bid of$1,010.00 dollars. SCHMITT At-Large Source of Funds The asbestos removal and demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue Slum and Blight Alternative N/A Background Information: The City of Waterloo purchased the Grand Hotel due to it's deteriorating condition at a premier location between downtown Waterloo and the Cedar Valley Techworks site.The City is hopeful this site will bring forth new economic development potential to the area. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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 Mayor City Council Meeting: 02/13/12 BUCK Prepared: 02/08/12 CLARK Dept. Head Signature: # of Attachments: COUNCIL MEMBERS ................... SUBJECT. Request to preliminarily approve plans, specifications, form of DAVID contract, etc., set a date of public hearing, and publish an official notice pertinent to JONES Ward I the taking of bids and request to receive and open the proposals for the Request for Proposal for Sans Souci Historic Booklet Services for the Hazard Mitigation Grant CAROLYN Program (HMGP) Property Acquisition Project, and set the date of hearing and bid COLE Ward 2 opening as March 12, 2012. HAROLD Submitted by: Aric Schroeder, City Planner GETTY Ward 3 Recommended City Council Action:Preliminary approval of the plans, QUENTIN specifications, form of contract, etc. and set a date of hearing and bid opening as HART March 12, 2012. Ward 4 RON Summary Statement: WELPER Ward 5 Expenditure Required: to be determined BOB GREENWOOD Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 At-Large STEVE Policy Issue: Historic Survey required by the Memorandum of Agreement(MOA) SCHMITT between FEMA, SHPO, IHSEMD and the City of Waterloo to mitigate the loss of At-Large historic structures acquired as part of the HMGP Property Acquisition Project Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de-obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15%local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 45121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such expenses related to work required under a MOA. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions and related work associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a historic survey contract required by the MOA)will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is seeking proposals for preparation and publication of a booklet documenting the historical and architectural significance of Sans Souci Island, and have prepared a Request for Proposal (RFP) and Contract for the work. The MOA called for the Downtown historic survey and creation of a booklet to document the history of Sans Souci Island. A separate RFP was be prepared for the Downtown historic survey work. The RFP provides all the proposal (bid) specifications, terms and conditions, as well as the scope of work and details on the method of evaluation. The RFP calls for a lump sum cost for the work. After a bidder is selected, a contract will need to be executed, and the contract must also be approved by IHSEMD. Please find attached a copy of the Request for Proposal and Contract for Sans Souci Historic Bookelt Services. The document will be available to interested bidders at the office of the Planning and Zoning Department after the City Council preliminarily approves the specifications,bid document, etc., and a date of hearing is set. The proposals would be due to the City Council, opened, and referred to staff for review and recommendation at the March 12, 2012 City Council meeting. CC: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Adam Poll,Associate Planner Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\1418-11 Council Communication for RFP and Contract for Demo Services no-RACM Group 2 for HMGP Property Acquisition Project.doc CITY OF WATERLD09 IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 . (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Deveioprwnt Di,ector Council Communication t t "" Ci Cmncil Meeting: Februar 13 012 City g Mayor Prepared: Feb jI BUCK CLARK Dept. Head Signature:-________________ #of Attachments: COUNCIL MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and DAVID request to receive and open the bid proposals for asbestos survey services for properties JONES located at 320 W. 2nd Street, and 218 W. Mullan Avenue. TT and I CAROLYN Submitted by: Noel Anderson-Community Planning&Development Director COLE Ward 2 Recommended City Council Action: Resolution setting date of hearing as February 20, HAROLD 2012 to approve Request for Proposals for Asbestos Survey Services at 320 W. 2nd Street GETTY and 218 W. Mullan Avenue, and instruct City Clerk to publish notice. Ward 3 QUENTIN Summary Statement: The City of Waterloo will be demolishing the Iowa Community HART Credit Union building at 320 W. 2nd Street and the former Happy Chef building at 218 W. Ward 4 Mullan Avenue in preparation of the future Sports Complex. State laws require that all RON asbestos containing material be removed prior to demolition. I WELPER Ward s Expenditure Required: To be determined BOB GREENWOODSource of Funds. G.O. At-Large STEVE Policy Issue: Cedar Valley Sports-Plex SCHNIITT At-Large Alternative:N/A Background Information: cc:NOEL C.ANDERSON,Community Planning&Development Director CITY WEBSITE: www6waterioo.ia.us WE'RE WORKING FOR YOU! ; An Equal Opportunity/Affirmative Action Employer CITY of WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,lovra 50703-5783 - (319)291-4366 Fax(319)291-4262 . NOEL C.ANDERSON,Community Planning d Develo rc ent Director # (2-tp� `.1 Mayor Council Communication BUCK City Council Meeting: Febru 13 2012 - CLARK prepared: February 8, 262 Dept. Head Signature: COUNCIL # of Attachments: MEMBERS ................... SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., DAVID set a date of public hearing, and publish an official notice pertinent to the taking of bids JONES and request to receive and open the proposals for the Request for Proposal for Demolition Ward 1 and Site Clearance Services (no regulated asbestos-containing materials) for 212, 302, 306- CAROLYN 308 312 Jefferson Streets, and 319 W. 2nd Street(Sports-flex Area). COLE Ward 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD GETTY Recommended City Council Action:Preliminary approval of the plans, specifications, Ward 3 forms of contract, etc. and set a date of hearing and bid opening as February 20, 2012. QUENTIN HART Summary Statement: These properties are located in the area where the Cedar Valley Ward 4 Sport-Plex is to be built. The asbestos abatement has just recently been completed as of RON Tuesday February 7. Staff is now preparing for demolition of the structures. WELPER TV-ard s Expenditure Required: to be determined BOB GREENWOODSource of Funds: G.O. AtLarge STEVE Policy Issue: Cedar Valley Sports-Plex SCHMITT At-Large Alternative: N/A Background Information: cc: Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner CITY WEBSITE: wwwci.wat:erloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RECEIVED FEB A 2012 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • Today's Date: 2/8/2012 Effective Date: 2/7/2012 Employment Date: 10/17/1985 To: City Council Members Re: Notice of Severance Department LEISURE SERVICES Job Title/Classification PARK MAINTENANCE IV-PLUMBER This is to report that the employment of JOSEPH TRA YWICK JR. with the City of Waterloo has been severed by reason of: Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours 71(x)Hourly Rate Total Payout Vacation-Accrued 21 $ 24.68 $ 518.28 Vacation-Current $ - Usable Sick Leave 8 $ 24.68 (x)25% $ 49.36 Frozen Sick Leave (x)60% $ - Personal Ho I $ - Comp Time Pay 0.05 $ 24.68 $ 1.23 Unscheduled Leave $ - Other Pay $ - Total Payment $ 568.87 Comments: r Approved by Date 2/8/2012 Human Resourc 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 6/28/11 Council Agenda Date:_ 2/13/2012 ❑ Accruals ❑Status ❑-9 RECEIVED FE-13 0 71011 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • • Today's Date: D3/2 Effective Date: 24b2 Employment Date: 1 9 E4 To: City Council Members Re: Notice of Severance Department r- Waterloo Fire 11Rescue Job Title/Classification fit y e— L 1 C T" VUk_oT This is to report that the employment of Jeff Freshwater with the City of Waterloo has been severed by reason of: Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ 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 27.62 $ 22.76 $ 628.63 Vacation-Current 288 $ 22.76 $ 6,554.88 Usable Sick Leave -36 $ 22.24 <800.64> Frozen Sick Leave 94 $ 29.47 (x)60% $ 1,662.11 Personal Hours 4.6 $ 22.24 $ 102.30 Holiday Time Pay 12 $ 22.24 $ 266.88 Unscheduled Leave $ - Uniform Allowance 262.50-50.48 <212.02> Total Payment $ 8,202.14 Comments: Approved by Date Human Resource 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 cop of//approved form to Department and Human Resources Updated 6128111 Council Agenda Date:; I� ❑ Accruals ❑Status ❑-9 Cl) 2 .. ® 3 0 0- f (D $ c _ 0 G < � a� 2 c C) CD (n - a) / # & ® U) 2 Q / \ ƒ 0) � J E ] \ CD / \ , 3 > - » $ ® k / cr o 99 /7 m w Cl. / / / c « C ƒ / E > cn > / > CD / e / ) O 7 | cn d = \ 3 i k F. | m / / f f ) « . � § $ / > c r- 0 O 0 m O 0 e % q / Z o R » g ® k \ / 3 \ \ » 090 O oO « 0� %@ 22t\ « � CD M l< $ f q/ \ \ \\ f = R ]_ < > / C m -a / a 0 > \ew /� E < 22d \ \ of m $ % m I ® & ®3 3 \ f ° / % . CD o 2 E 2 D ' 0 / 2 / k ° / \ ? / / 1 > $ / 9 w E G / ENGINEERS & PLANNERS ® , • • W IOWA MISSOURI NEBRASKA SOUTH DAKOTA WISCONSIN r INVOICE FOR PROFESSIONAL SERVICESI � SUMMARY NATE l d, r ` Jeff Bales Invoice Date: \ 1/31/2012 City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Invoice No: 10 Client Project#: Billing Period: 11/1/2011 to 12/31/2011 County: S&A Project No: 110.0090.08A 2010 Ridgeway&LaPorte Road Project-Construction Phase Contract Cumulative Previous Current Estimate to Date Invoices Period Labor Dollars $19,194.00 $17,696.82 $17,543.94 $152.88 Overhead 152.83% $29,334.00 $27,046.05 $26,812.40 $233.65 Overhead Adjustments $0.00 $0.00 $0.00 Direct Expenses $4,125.00 $5,418.57 $5,418.57 $0.00 Subconsultants(including authorized contingency) $0.00 Subtotal $52,653.00 $50,161.44 $49,774.91 $386.53 Fixed Fee $7,279.00 $7,279.00 $7,279.00 $0.00 Authorized Contingency $0.00 Total Authorized Amount $59,932.00 Total Billed to Date $58,545.94 $58,545.94 $58,159.41 $386.53 Remaining Authorized Balance $1,386.06 Unauthorized Contingency r Gu Snyder&Associates $0.00 Total Hours 470.00 608.50 605.50 3.00 V� SNYDER&ASSOCIATES, INC. �(� - - � c = 77. 3� Darin Ligtenberg REMIT TO: SNYDER&ASSOCIATES ENGINEERS &PLANNERS, INC, 2727 SW Snyder Blvd. -PO Box 1159, Ankeny, IA 50023 email: ar@snyder-associates.com Federal E.I.N. 42-1379015 ENGINEERS & PLANNERS ® , _ , • IOWA MISSOURI I NEBRASKA I SOUTH DAKOTA I WISCONSIN INVOICE FOR PROFESSIONAL SERVICES Jeff Bales January 31,2012 City of Waterloo 715 Mulberry Street Invoice No: 110.0090.08A- 10 Waterloo, IA 50703-5783 Project 110.0090.08A 2010 Ridgeway&LaPorte Road Project—Construction Phase Professional Services from November 01,2011 through December 31,2011 Phase 003 Construction Services Hours Rate Amount Principal Engineer 0262 3.00 50.96 152.88 Total Services 3.00 152.88 Total Services 152.88 Overhead 152.83%of 152.88 233.65 Total Overhead 233.65 233.65 Contract % Previous Current Amount Comp Earned Billing Billing Fixed Fee-Construction 7,279.00 100.00 7,279.00 7,279.00 0.00 Total Fee 7,279.00 7,279.00 7,279.00 0.00 Total Fixed Fee 0.00 Billing Limits Current Prior To-Date Fees 0.00 7,279.00 7,279.00 Limit 59,932.00 Remaining 52,653.00 Phase Subtotal $386.53 Amount Due this Invoice $386.53 Total Prior Current Billings to Date 58,545.94 58,159.41 386.53 REMIT TO: SNYDER&ASSOCIATES,INC. 2727 SW SNYDER BLVD.-PO BOX 1159-ANKENY,IA 50023 (515)964-2020 email:ar@snyder-associates.com Federal E.I.N.42-1379015 Cl) Cl) 7 C) 71 \ \/ mac = e _3 ?. / k » ¥ 0 J k « © ° e % / S / w J 2 e e . % cn C- C) \ 0 } m N) (D i C) 0 I � O } = I > m 5 \ / � \ 0 \ \ \ $ g9 / / \ G m / m E # e _ \ / / q / \ E / / » ? 0 \ / ® / / 0 g a \ y \ Q- 0 § / 0) / / $ � g 2 e > / 0 g § ƒ. § o 0 9 \ \ t $ _0 9co / 8 © J e < C: m + m \ ' / % Z # c = 2 $ / \ \ 2 _ e G 5' \ 2 § g 5' $© $ n 3 � m \ \ \ ° m o 9 * 66 J \ � \ r1i G) \ \ / \ / / � o \ / 402 E.4th Street,Suite 101 Invoice Waterloo,Iowa 50703 Phone: 319-464-7913 Date Invoice# 1/29/2012 2012-0001 Bill To: Pay Request No.10 City of Waterloo Engineering Department Attn: Jeff Bales 715 Mulberry Street Waterloo,Iowa 50703 Terms Phone: 319-291-4312 Net 30 days Project# 11-001 City of Waterloo Wayfinding Signage Project Professional Services Provided from: December 26,2011 to: January 20,2012 Date Professional Personnel Hours Rate Amount None 0.00 $75.00 $0.00 Totals 0.00 $0.00 Pay Request#10-Summary IDE Engineering,PLC Invoice#2012-0001 $0.00 Craig Ritland Landscape Architect Invoice#8 $340.00 Terracon,Inc. None $0.00 Total-Pay Request#10 $340.00 Invoice Summary Pay Request Date Invoice Number Amount No.1 4/26/2011 2011-0012 $5,700.00 No.2 5/22/2011 2011-0013 $6,596.25 No.3 6/24/2011 2011-0021 $10,460.00 No.4 8/10/2011 2011-0027 $4,510.00 No.5 8/30/2011 2011-0037 $4,104.93 No.6 9/30/2011 2011-0035 $2,287.46 No.7 10/28/2011 2011-0040 $1,657.50 No.8 11/27/2011 2011-0042 $425.00 No.9 12/27/2011 2011-0048 $382.50 No.10 1/29/2012 2012-0001 $340.00 Total $36,463.64 4,6 Total Contract Limit / $39,688.90 (Base Contract+Supplemental#1) Total Amount Earned to Date $36,463.64 Less Previously Paid $36,123.64 Total Amount Due this Estimate $340.00 - January 12, 2012 Jim Ellis, PE JDE Engineering 528 Mulberry Street CRAIG RITLAND Waterloo, Iowa 50703 L A N D S C A P E A R C H I T E C T S INVOICE No . 8 RE: Waterloo Downtown Wayfinding Signage Construction Related Services Waterloo, Iowa Summary of Fees for Invoice No. 8 Craig Ritland Landscape Architects Services performed from 12/01/11 —12/31/11 Principal—0 hours @ $110.00/hr $ 0.00 Associate—4 hours @ $85.00/hr $340.00 Total $340.00 Total Billing Invoiced for Project to Date $4,925.00 Less Previous Billing - $4,585.50 Total Amount Due $340.00 Total Billing Due for Invoice No. 8 $ 340.00 Thank you, Craig Ritland, FASLA 501 SYCAMORE STREET BLACKS BLDG-MEZZ. A WATERLOO, IA 50703 PHONE (319) 233-8090 FAX (319) 233-9772 rilland®mcleoduso.net C/) G < 2 \ // ƒ mac = e < 3 /. \, » 3 0 E ] / / cn / \ s _ e < J ° 7 o \ \ 0 © % 3 f / < ! ) / i m c e / | : 07 Z } / 2 m \ 2 \ \ } � ! O } o ! % E i § _ » _ m = g \ / _ $ \ 3 c _ . � O y (D e » y > 3 . \ a \ 2 0 > - < k / > / \ z / 0 < ® $ \ . / - \ \ ® / D ® ® m # \ _ § § W \ / / \ ©_ /' 73� % $ � 2 ? f e $ G/ < \ � § ° $ 0 / (DrQ / 3 = o J / / \ EJ % 0 # _ x /-0 §' m 0- 3 - /. ® J § (D > m / \ O . � R 4 \ G � / \ \ \ \ CD \ / G % - 402 E.4th Street,Suite 101 Invoice Waterloo,Iowa 50703 -71 art71141q Phone: 324-464-7913 Date Invoice# 1/29/2012 2012-0004 Bill To: Pay Request No.5 City of Waterloo Engineering Department Attn: Wayne Castle 715 Mulberry Street Waterloo,Iowa 50703 Terms Phone: 319-291-4312 Net 30 days Project# 11-037 Delane Avenue Detention Area and Preliminary Plan Development JDE Professional Services Provided from: December 26,2011 to: January 20,2012 Date Professional Personnel Hours Rate Amount Week of 12/26 Project Manager 35.00 $95.00 $3,325.00 Week of 1/2 Project Manager 37.00 $95.00 $3,515.00 Week of 1/9 Project Manager 40.00 $95.00 $3,800.00 Week of 1/16 Project Manager 40.00 $95.00 $3,800.00 Totals 152.00 $14,440.00 ✓ Loren Leach Professional Services Date Professional Personnel Hours Rate Amount None 0.00 $95.00 $0.00 Totals 0.00 $0.00 Helland Engineering and Surveying Professional Services Date Work Item Units Rate Amount None 0.00 $0.00 $0.00 Totals $0.00 ✓ Pay Request#5-Summary JDE Engineering,PLC Invoice#2012-0004 $14,440-00 / Loren Leach,PE None $0.00 Helland Engineering and Surveying,LTD. None $0.00 Total-Pay Request#5 $14,440.00 Invoice Summary Pay Request Date Invoice Number Amount No.1 9/30/2011 2011-0038 $7,030.00 No.2 10/28/2011 2011-0039 $24,415.00 No.3 11/27/2011 2011-0043 $48,548.00 No.4 12/27/2011 2011-0050 $18,786.25 No.5 1/29/2012 2012-0004 $14,440.00 Total $113,219.25 Total Contract Limit $158,500.00 Total Amount Earned to Date $113,219.25 11 Less Previously Paid $98,779.25✓ Total Amount Due this Estimate $14,440.00 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, FEBRUARY 13, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs 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 current 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(1)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. Roll Call. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. February 13, 2012 Page 2 Agenda, as proposed or amended. Minutes of February 6, 2012, Regular Session, as proposed. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Crystal Kennedy for tax exemptions on improvements totaling $150,000.00 for property located at 208 E. 8th Street and located in the Consolidated Urban Revitalization Area. Submitted by Christopher Western, Planner H 3. Request of Jason Guthrie for tax exemptions on improvements totaling $180,000.00 for property located at 5826 Summerland Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Christopher Western, Planner H b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Lieutenant Firearms Instructor Johnston, April 5, $265.00 Campbell Recertification Iowa 2012 Course 2. Officer Moore Interview and Johnston, March $281.86 Interrogation Iowa 5-9, 2012 3. Officer Ullom Methamphetamine Johnston, March $146.66 Investigations Iowa 20-22, 2012 4. Officer Wessels, Criminal Street Johnston, March $365.00 Officer Gann, Gang Identification Iowa 13-15, Officer Sullivan and Interdiction 2012 February 13, 2012 Page 3 5. Lieutenant Iowa Association of Burlington, March $1,040.00 Campbell, Women Police Iowa 26-27, Sergeant Ludwig, Conference 2012 Off cer Stratton, Officer Hoelscher, Officer Blakeman 6. Sergeant Devine Introduction to the Lawrenceville, March $2,470.00 Science of Friction Georgia 18-24, Ridge Examination 2012 7. Officer Pohl ICAC National Atlanta, April 13- $2,000.00 Convention Georgia 19, 2012 8. Sergeant Richter, Suarez Searsboro, April 21- $1,120.00 Officer Girsch International Point Iowa 22, 2012 Shooting Progressions Course 9. Sergeant Farmer, 2012 USPCA K9 Clinton, Iowa April 9- $1,160.00 Officer Bose, Narcotics 11, 2012 Officer Bovy Recertification Trials 10. Captain Mohlis; Internal Affairs Johnston, February $428.00 Lieutenant Iowa 28-29, Carrier 2012 Class C Beer License Permit Application 11. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 12. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Red Lobster #6267, 941 E. San Marnan (Renewal) (Expires 3/10/13) (Includes Sunday Sales) Class E Liquor License Permit Application 14. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 15. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) "t February 13, 2012 Page 4 Class B Wine License Permit Application 16. B & B East, 1615 Bishop Avenue (New) (Expires 1/15/13) (Includes Sunday Sales) 17. Prime Mart, 508 Broadway Street (New) (Expires 2/12/13) (Includes Sunday Sales) PUBLIC HEARINGS 2. San Marnan Traffic Monitoring System Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review. Submitted by Sandie Greco, Trak Operations Superintendent 3. Request of Iowa Community Credit Union,f/k/a Watel Credit Union for the sale and conveyance of a portion of citzi-owned property generally located at 218 West Mullan Avenue for $50,000 00 Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 4. Development Agreement with Iowa Community Credit Union, f/k/a Watel Credit Union for the sale and conveyance of city-owned property for $1.00, general!y located at the northwest corner of Jefferson and West Mullan Avenue for the construction of a 2,500 sq. ft. bank buildiLig. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING--No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director February 13, 2012 Page 5 RESOLUTIONS 5. Resolution approving Professional Service Agreement with AECOM in the amount of $55,000.00 for professional services in conjunction with CIP Pipe Lining and manhole rehabilitation in the sanitary sewer system along West Airline Highway and west of WCF&N Drive and Broadway Street; and authorize Mayor to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 6. Resolution approving recommendation of award of bid to Stivers Ford of Waukee, Iowa in the amount of $142,926.00 for the Purchase of Six (6) 2013 Model Year Patrol Cars. Submitted by Mark Rice, Public Works Director 7. Resolution approving Ambulance Services Agreement with Allen Hospice to provide medical transportation of Hospice patients to their facility; and authorize Mayor to execute said document. Submitted by Pat Treloar, Chief of Fire Services 8. Resolution approving request to expend funds from the San Marnan TIF in the amount of $23,085.09 for payment to L&H Farms, Ltd, for property purchased for the Ansborough Avenue/Shaulis Road Extension project. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2010 Riverfront Renaissance Trail - W. 6th Street to W. 18th Street, Contract No. 761; and authorize Mayor to execute said document. Submitted by Jamie Knutson, PE, Associate Engineer 10. Motion approving Change Order No. 1 for a net increase of$13,163.85 for work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and authorize Mayor to execute said document. Submitted by Wayne Castle, PLS, El, Associate Engineer 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $106,560.39 in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and receive and file two-year Maintenance Bond. Submitted by Eric Thorson, P.E., City Engineer February 13, 2012 Page 6 12. Resolution approving amendment to the original Development Agreement with Hope Martin Anderson dated February 8, 2010 to change the following: completion date from December 21, 2010 to December 31, 2012; minimum assessment end date to December 31, 2021; lower rebates to 5 years at 50 percent; and change the Minimum Assessment amount to $877,500.00 on Parcel No. 8813-10-101-034. Submitted by Noel Anderson, Community Planning & Development Director 13. Resolution approving award of FYE2012 hoteVmotel discretionary funding to the following entities in the amounts reflected: Cultural & Arts Department for Amphitheater/Expo Grounds coordinating staff and start-up funds in the amount of $30,000.00; Leisure Services for SportsPlex comprehensive marketing plan in the amount of $10,000.00; and Police Department for uniformed police presence at events in the amount of$20,000.00. Submitted by Michelle Weidner, Chief Financial Officer 14. Resolution approving award of FYE2013 hoteVmotel discretionary funding to the following entity in the amount reflected: Waterloo Municipal Band in the amount of $20,000.00 for the summer 2012 season. Submitted by Michelle Weidner, Chief Financial Officer ORDINANCES 15. New Condominium Conversion Ordinance Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by Adding a New Chapter 13, Condominium Conversion, of Title 9, Building Regulations Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Oficial/Maintenance Administrator OTHER COUNCIL BUSINESS 16. Motion approving Change Order No. 1 for a net increase of $320.00 for work performed by ATC Associates, Inc. of Waterloo, Iowa in conjunction with Asbestos Survey at 300 W. Mullan Avenue (former Grand Hotel); and authorize Mayor to execute said document. Submitted by Christopher Western, Planner H - . February 13, 2012 Page 7 17. Request ,for Proposal for Sans Souci Historic Booklet Services _for the Hazard Mitigation Grant Pro-gram (HMGP) Property Acquisition Project Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as March 12, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Aric A. Schroeder, City Planner 18. Request for Proposals _for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue Motion to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. Motion to receive and file Request for Proposals, pians, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications,form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director 19. Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-flex Area) Motion to instruct Community Planning & Development Director to prepare Request for Proposals, pians, specifications, form of contract, etc. Motion to receive and file Request for Proposals, plans, specifications, form of contract, etc. Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director February 13, 2012 I" Page 8 ORAL PRESENTATIONS Motion to receive andfile oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 13, 2012 3:30 p.m. - Council Work Session, Culture &Arts Center-Hururich Room 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Leisure Services Director transmitting retirement of Joseph Traywick Jr., Park Maintenance IV Plumber, effective February 7, 2012, together with recommendation of approval of payout of$'568.87 for unused benefits. 2. Communication from Chief of Fire Services transmitting retirement of Jeff Freshwater, Fire Lieutenant, effective February 4, 2012, together with recommendation of approval of payout of$8,202.14 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 10 to Snyder 7 Associates Engineers & Planners in the total amount due of$386.53 2. F.Y. 2010 Downtown Wayfinding Signage, Contract No. 783 Pay estimate No. 9 to JDE in the total amount due of$340.00 3. Delane Avenue Detention Area & Preliminant Plan Development Payment to JDE Engineering in the total amount due of$14,440.00 February 6, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, February 6, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole, Getty. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 137365 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 6, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. 137366 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 30, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. Mayor Clark recognized Gladys Rainey as the February Team Member of the Month. CONSENT AGENDA 137367 - 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 Schedule AP642, pp. 1-65, dated February 6, 2012, in the amount of $973, 682.24, 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. 2012-108. 2. 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-Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 1002 Mobile Street $2,000.00 201 Locust Street $1,100.00 708 Adams Street $920.00 1260 West Donald Street $3,750.00 Resolution adopted and upon approval by Mayor assigned No. 2012-109. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Dan Trelka, Finding The Cedar March 1- $2, 154.00 Director of Leader in You Rapids, 2, 2012 Safety Iowa Services; Captain Mohlis; Lieutenant Krogh; Lieutenant McNamee; Lieutenant Cirksena; Lieutenant Payne 2. 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UOT-40N S aouazajuon TPnuuv u}99 s,9zn4TnOTzogiV 3O A4aTOOS ZTOZ SPsuPx TPuOT4euza4ul upuiazo3 '£-T 131zpd aqq jo zaqdego Az4sazoq 00'09L$ AzPnzga3 puPTzanp uza4saMpTW 'U9AH axn2 aTTPA T@G zaOTJJO :uoggPz4S zaOTJJO :bTMpnq ZTOZ zPUTuiaS �upabzas 'ZT-TT egosauuTw szaOzojua :TTagduiPo 00*LTVT$ j T40jenj 'Tned aTPuIeZ qupuaqnaT'I £ Z 96pd ZTOZ 19 Azpnzga3 February 6, 2012 Page 3 PUBLIC HEARINGS 137368 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Six (6) 2013 Model Year Patrol Cars, as published in the Waterloo Courier on January 19, 2012, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. 137369 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Mr. Schmitt questioned the number of Police vehicles in the City. Dan Trelka, Director of Safety Services, reported that the City is slowly downsizing the fleet. Mr. Welper asked if the front wheel drive would be able to handle the use it will have. Mark Rice, Public Works Director, reported that the ''vehicles would be all wheel drive. Greenwood/Schmitt that the hearing be closed. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. 137370 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Six (6) 2013 Model Year Patrol Cars", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-110. 137371 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase pf Six (6) 2013 Model Year Patrol Cars", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-111. 137372 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Amount Bill Colwell Ford/Isuzu 238 Waterloo Road $143, 442.00 PO Box 270 Hudson, Iowa 50643 Stivers Ford Lincoln 1450 E. Hickman Road $142, 926.00 Waukee, Iowa 50263 Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. RESOLUTIONS 137373 - Jones/Welper that "Resolution approving recommendation of award of contract to Advanced Environmental in the amount of $4,830.00 for asbestos abatement services of 910 West Shaulis Road-Submitted by Christopher Western, Planner II", be adopted, Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-112. 137374 - Jones/Welper that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $49, 600. 00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Riverfront Sports Park Shelter Project; and authorize Mayor and City Clerk to execute said documents-Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-113. i P f 6TT-ZTOZ 'oN paubzssp aOAPW Aq TPnoaddp uodn pup pagdopp uoTgnTOsau 'A4499 'aTOO :4uasgV •anz3 :saAV-a40n TTPO TTOu pa�dope aq '„saOznaaS AqaJpS 30 ao4OaazQ 'P3[Taas UPa Aq pa44TUIgnS-quauiao.zojua UOTgPTOzn suodeaM jog aUIT-4aanO UT pasn aq o-4 ADTTOd TOJ'4uO3 bnaQ JO aOz_T_TO s,aouaanOE) PMOL au4 IHOJJ 4uaidz38a-qns P sp 'T404PW TPOOTpaaznbaz ou i44TM '00'LT£'TT$ go qunouip au-4 u-r qupaE) poogaoqubzaN a_TeS 40aCoad buznoaddp not-4nTOsau„ -puq 44TuIT40S/aadT9M - T8£LET 8TT-ZTOZ 'oN paubzsse aoAeW Aq TenO.zddp uodn pup paqdopp uOTgnTOsag •Aggaq 'aToO :quasgV '9nz3 :saAV-a4OnTTe0 TTou •pa4dopp aq '„saOznaaS A-4aJPS go aogoaazQ 'PxTaas, upCI Aq pa-4TuignS-quaulaoao;ua uOT-4eTOTn suodpaM jog aUIT4aanO UT pasn aq oq AOTTOd Toa-4uOO bnaQ 90 aozJ_Tp s,zouaanOE) PMOL au-4 ulna; -4uazdToaa-qns P sp 'uo ' TPOoT paatnbea ou S(4TM '00'906 '95 _To -4unoulP auk ui :iueaE) poouzOgubzaN a_TPS -4oaCoad buTAOaddp UOz-4nTOsag,f 4PT4a ggTuiqoS/aadTaM - 08£L£T LTT-ZTOZ ON paubzssp aoApW Aq TPnoaddp uodn pup pagdopp UOT4nTOsag •A44a9 'aTOO :4u9sgV •anT3 :saAV-940n TTPO TTO'd •pagdopp aq '„aabPUPW a0UPua4uTPW PaaV uMO4uMOQ )3 9TOS 'aabTOS gr Aq p94gzuignS -PaaP UM04UMOp 9u4 UTP_4uTPUI 04 anUTgUO0 04 Maao a0UPUG4UTeW paaV uMOgUMoa auq jog uquoul aed 00'000'T$ Jog s4aaa4S uosaaJ3ar PUP u4S 4s9M 4P pa4POOT aopds quaa oq oii '-4uauldOTanaQ VSr T14TM -4uaulaaabV asPaZ buznoadde UOTgn-tosag„ -4eu-4 ggTUIqoS/aadTaM - 6L£L£T '9TT-ZTOZ 'ON paubzssp aoApW Aq TPnoaddP uodn pup pagdopp uoTgnTOsag •A44GO '@TOO :4uasgy 'an-r3 :saAV-agOn TTPO TTO'd •pa4dopp aq '„aaautbuS A4TO ' •S'd 'uosaogy oiaS Aq paggTUIgnS-puog aoupuaquzpW apaA-omq aTT3 PUP anzaOaa PUP !CTL 'ON 439a4uOO 'uorgona-4suooag TTPM aanTu puP uOT4P4TTTgPila21 uIPQ OOTaa4PM LOOZ '7,'3 g4TM uOT OunCuoo UT S6'OSZ'S0Z'9$ go -4sOo TP404 P qp PMoi 'xoaquzau go ouj ISTO-4oeaquoO uosaagad Aq paulao3aad xaoM go aoup4d9ooV 3O uOTgPpuaunuOOau PUP goaCoad JO UOT4aTduioD burnoaddp uOTgnTOsau„ 4PL14 aadT9M/44TuIq0S - 8L£L£T •paTaapo UoTgoW •A4490 '@TOD :4uasgV 'GATZ :saAV-a4On 90TOA •panoaddp pup aTTJ uo paopTd 'panzaOaa aq 'aaautbuS 94PTDOSSV ' 'S'd 'uos-nux aiuier Aq pa44zulgnS-qu9umoop ptPs egnoaxa o- aoApW ezzaougnp PUP :£TL 'ON gpPaquoO 'uoTgonagsuOOau TTPM aanT'd PUP uOT424TTTgPuag ulpa oOTaa4PM LOOZ '1C'3 u4TM uoz-4ounCuOo UT PMOL 'xoaquzau go •OuI 'sao-4opaquoO uosaagad Aq paulaojaad NaoM aO9 66'6ZS'6L$ 30 asPaaOap 49u P aOJ TZ 'ON aapap abuPgD geu4 a9dTaM/44TlulI0S - LL£L£T SIT-ZTOZ 'oN paubtssp aoAPW Aq TPnoaddP uodn pup pe4dopp UOTgnTOsag 'A4499 'aTOO :quasgV 'GATZ :saA�-aeon TTe� TTO'd aq '„aaauzbuS a-.PTOOssfj ' •S•d 'uos-4nux aiulpr Aq pa44zulgnS-quaumoop pTPs agnoaxe oq aoApW aziaougnp pup :sgoaCoad quaulaouequS aaniu aPpaO 14ITM uoT-4OunCuoo UT saoznaas buTaaauTbua aOg 00'008 '9£$ go qunoulp auq UT WOOSK T4TM luauM aabV saoznaaS TPUOTss9JOad buTAOadde uoignTosau„ aPLq- aadT9M/g4TuIuoS - 9L£L£T ' 6TT-ZTOZ 'oN peubTssp aoAeW Aq TPnoaddp uodn pup pa4dopp UOT4nTOsau 'aTOD :4u9sgV -GAT2 :saAV-agOn TTPO TTO'd •pagdopu aq '„aaaurbuS A-4tO ' •S'd 'uOsaOT41 oTia Aq pe44zulgnS-quaumoop pTPs egnoexe oq aoAPW az zaoqqnP pup :L6L oN 40PaWoO 'squaUlanoadull UOT4egaodsupaZ 4aa14S pTPuoo 4sPS ZTOZ 'X'3 ggTM UOTqounCuoo uz sabJl2g0szp as-4pM ulaogs jog saoanosau Tpan;PN go quaulgapdap PMOL aq4 O� �zulaad TPa9ua9 aapun abPaanOZ) SSQdN aOg 4ua-4ul go aOzgON buTAOaddp uoz4nTOs9u„ 4Pij4 aadTaM/sauOf - SL£L£I b abed ZTOZ 19 Aapnaga3 February 6, 2012 Page 5 137382 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve request by FEPH-Acquisit ions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C-P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Stores, as well as a future 18, 761 square foot retail building, for property generally located at the northeast corner of East lst Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site; and instruct City Clerk to publish notice-Submitted by Noel Anderson, Community i Planning & Development Director", be adopted. Roll call vote-Ayes: Five. j Absent: Cole, Getty. I ; Resolution adopted and upon approval by Mayor assigned No. 2012-120. 137383 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve request by FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy; and instruct City Clerk to publish notice- Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-121. 137384 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve a Development Agreement with FEPH-Acquisitions Fund II, LLC for the construction of a 13,225 square foot CVS Pharmacy at the northeast corner of Franklin Street and Highway 63, with an increased taxable value of $1, 500, 000.00 and tax rebates for 6 years at 100 percent; and instruct City Clerk to publish notice. - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-122. OTHER COUNCIL BUSINESS 137385 - Jones/Hart i that Change Order No. 2 for a net increase of $7, 409.48 for work performed by Americlean of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning-Submitted by Craig Clark, Building Official/Maintenance Administrator, be received, placed on file and approved. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. Craig Clark, Building Official, reported that this would be on a five-year maintenance cycle. 137386 - Jones/Hart that Change Order No. 1 for a net increase of $753.00 for the Purchase of FY12 Ammunition Needs from Ultramax of Rapid City, South Dakota-Submitted by Dan Trelka, Director of Safety Services, be received, placed on file and approved. Voice vote-Ayes,: Five. Absent: Cole, Getty. Motion carried. 137387 - Greenwood/Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project, be approved. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. 137388 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Getty. Motion carried. 137389 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Getty. 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Absent: Cole, Getty. Motion carried. Suzy Schares City Clerk 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 1 e Mayor February 8,2012 BUCK CLARK Honorable Mayor Buck Clark City Council Members COUNCIL City Hall MEMBERS Waterloo,Iowa 50703 Dear Mayor and Council: DAVID JONES Ward I Attached please find a formal CURA application for tax exemptions on improvements made to the CAROLYN property located at 208 E. 8t'Street Waterloo,Iowa 50703.Crystal Kennedy has submitted the COLE application for the following improvement(s):New Single-Family Build. The sum costs of these Ward 2 improvements are expected to reach$150,000.00. HAROLD GETTY Ward These improvements qualify for exemptions from taxes on the actual value added to Commercial QUENTIN property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the HART (10)year partial exemption schedule.The property address is identified below: Ward 4 RON ADDRESS s Ward208E 8t7Street, Waterloo, Iowa 50703 Ward 5 BOB LEGAL DESCRIPTION GREENWOOD Lot 7, except the Southwesterly 1.5 feet thereof in Block 18 in the Original Plat, on the East Side At-Large of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. STEVE The Planning,Programming,and Zoning Commission staff has reviewed this application and feels SCHMITT At-Large that it does conform to the CURA Plan.We would therefore recommend approval of this application. Sincerely, Christopher W.Western Planner II Attachment(s) cc:Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CONSOLIDATED URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THfl PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property kec k.4 within its boundarioet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2(as attached.) 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 bee 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. NAME: s SIGNATURE: _ ADDRESS: h TELEPHONE: 1 - L - 1 DATE: ` A. What is the Address of the property being improved? c,; What is the Legal Description of the property?(Available at County Assessor's Office on 2nd floor of the Courthouse)? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. ],_;7A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year--------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? LAJ C. 1�: --f Lit Com.% tV1 D. City of Waterloo Building and Inspections Department Information: Permit Number.V)4el 1.01.34- Date permit was issued: � I�-i—I Total permits)valuation: K I�qCZ E. What was the cost of the improvement? ! ' c7, en Cry . ac) F. Estimated or actual date of completion of these improvements? G. If this is not a singe-family dwelling unit, hick you own and reside in,will these improvements create a displacement of you tenants? Yes No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. 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. Mg. 1 of 11 81ACK tfl> n ABSTRACT&TtTLty Doc ID: 004801150001 Type: GEN Kind: WARRANTY DEED Recorded: 10/11/2011 at 03:37:29 PM Fee Amt: $208.80 Pape 1 of 1 Revenue Tax: $196.80 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2012-00006530 Prepared By:Kirsten N.Arnold,P.O.Box 178,Waterloo,IA 50704-0178(319)234-1766 After:Recording Return To:Kirsten N.Arnold,P.O.Box 178,Waterloo,IA 50704-0178 Address Tax Statement to:Crystal Kennedy, 208 E.8h Street,Waterloo,IA 50703 WARRANTY DEED—CORPORATE GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Black Hawk Contracting&Development Co., a corporation organized and existing under the laws of Iowa(toes hereby convey to Crystal Kennedy the following described real estate in Black Hawk County,Iowa: Lot 7,except the Southwesterly 1.5 feet thereof in Block 18 in the Original Plat,on the East Side of the Cedar River,in the City of Waterloo,Black Hawk County,Iowa. Subject to covenants,restrictions,ordinances,easements,and limited access provisions of record. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple;that it has good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances,except as may be above stated;and it covenants to Warrant and Defend the real estate against the lawful claims of all persons,except as may be above stated. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,according to the context. Dated: ( . �p, I BLACK HAWK CONTRACTING& DEVELOPMENT CO. y: Johii R.Rooff,III ts: )i sident State of Iowa ) County of Black Hawk )ss This instrument was acknowledged before me on this 1-day of October,2011,by John R. Rooff,all,as President of Black Hawk Contracting&Developm nt Co. W LD (12Sl�- �NOLD,Notary Public 4701RES /�� V.o ^�"moi /����' Book Page File Number 2012-00006530 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 ilc Mayor February 8,2012 BUCK CLARK Honorable Mayor Buck Clark City Council Members � � � COUNCIL City Hall MEMBERS Waterloo,Iowa 50703 .0................. DAVID Dear Mayor and Council: JONES Ward I Attached please find a formal application for tax exemptions for new construction located at 5826 CAROLYN Summerland Drive,Waterloo,Iowa 50703.Jason Guthrie has submitted a CLURA application for COLE new construction of a single-family home. The sum costs of construction are$180,000. Ward 2 HAROLD The new construction qualifies for tax exemptions under the City Limits Urban Revitalization Area GETTY (CLURA). Ward 3 QUENTIN LEGAL DESCRIPTION HART Summerland Park First Addition Lot 84, in the City of Waterloo, Black Hawk County, Iowa. Ward 4 The Planning,Programming,and Zoning Commission staff has reviewed this application and feels RON WELPER that it does conform to the CLURA Plan. We would therefore recommend approval of this Ward 5 application. BOB GREENWOOD Sincerely, At-Large STEVE SCHMITT At-Large Christopher W.Western Planner II 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 ho=s 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 unor to the 1"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. 1 NAME: k \ 2. � U � SIGNATURE: ,k,� ( ✓�1�\ �' `�ice,I `� �.�� ADDRESS: C�) TELEPHONE: - rf DATE: A. What is the Address of the property being improved? {;<( � What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Co4m1 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) 6, �,•�i+rs/� C. City of Waterloo Building and Inspections Department Information: g� Permit Number:,&-2111-Ou la Date permit was issued: 6 1� Total permit(s)valuation: D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: 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. FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED 01) CITY OF WATERLOO EXPENDED YTD ,;1//(0- .6� THIS REQUEST wyU LEFT AFTER THIS _ REQUEST DATE ? Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Lt. Lisa Campbell January 25,2012 NAME OF CLASS I MEETING: DESTINATION: Johnston, Iowa Firearms Instructor Recertification Course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 5,2012 April 5,2012 April 5,2012 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Lt. Lisa Campbell to the Firearms Recertification course at the Iowa law Enforcement Academy on April 5, 2012, in Johnston, Iowa. Lt. Campbell is a certified firearms Instructor through the state of Iowa. She also is a member of the Iowa law Enforcement Academy Council, which sets the standards of training, required by the Iowa law Enforcement Academy. This 8 hour recertification course is required to maintain her ability to be a firearms instructor where she can continue to teach the Officers of the Waterloo Police Department firearms training. The cost of registration is$200.00 and would require lunch and a city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: aCX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE: OF COST: BUDGET LINE ITEM: $0.00 LODGING TAXI x GRANT REIMBURSABLE $15.00 MEALS PARKING YES NO $200.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 265.00 TOTAL: $ 265.00 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 I— Z,(� 7-1<1 L DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED 6yooy, rcl CITY OF WATERLOO EXPENDED YTD ;Lyyq�' THIS REQUEST LEFT AFTER THIS REQUEST .�:.Z7. DATE7G Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Officer Marc Moore January 23,2012 NAME OF CLASS I MEETING: DESTINATION: Johnston, Iowa Interview and Interrogation DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: March 5,2012 March 9,2012 March 5-9,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer Marc Moore to the MCTC Interview and Interrogation seminar at the Midwest Counter Drug Training Center on March 5-9, 2012, in Johnston, Iowa. This 5-day course is designed to enable police professionals to enhance their ability to gain information and determine the truth through the interview and interrogation process. This course is provided by the Midwest Counter drug Training Center and provided at no registration cost. The training does require lodging which will be on Camp Dodge at the Basic Officer Quarters at a reduced rafe. All meals will be purchased at the Iowa Law Enforcement Academy. A city vehicle will be needed for travel to the training facility. 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: $ 125.00 _ LODGING TAXI x GRANT REIMBURSABLE $81.86 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 281.86 TOTAL: $ 281.86 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 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2012_ BUDGETED ✓416)0,6)0 CITY OF WATERLOO EXPENDED YTD 31 THIS REQUEST LEFT AFTER THIS REQUEST :2 j*3.o3 DATE : — Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Officer Kyle Ullom January 26,2012 NAME OF CLASS/ MEETING: DESTINATION: Johnston, Iowa Methamphetamine Investigations DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: March 20,2012 March 22,2012 March 20-22,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer Kyle Ullom to the Meth Investigations Course at the Midwest Counter drug Training Center on March 20-22, 2012, in Johnston,IA. This 3-day course is designed to equip Officers with the knowledge to conduct methamphetamine investigations. It will teach officers about the history of methamphetamine and its current trends to help combat the growing trends in our community. The training is free but will require lodging and meals at the Iowa Law Enforcement Academy. A city vehicle will be needed for travel to the training facility. 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: $50.00 _ LODGING TAXI x GRANT REIMBURSABLE $46.66 MEALS PARKING YES NO $0.00 _ REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 146.66 TOTAL: $ 146.66 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 dal DEPARTMENT HEAD MAYOR DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED 6yUU(-).yo CITY OF WATERLOO EXPENDED YTDl `�w;j f THIS REQUEST �Sc�CJ LEFT AFTER THIS REQUEST DATE 2J2c, Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Officer's Josh Wessels, Spencer Gann, Jamie Sullivan, January 25,2012 NAME OF CLASS/ MEETING: DESTINATION: Johnston, Iowa Criminal Street Gang Identification and Interdiction DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: March 13,2012 March 15,2012 March 13-15,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer's Josh Wessels, Spencer Gann, Jamie Sullivan, to .the MC TC Criminal Street Gang Interdiction seminar on March 13th-15, 2012, in Johnston, IA. This 3-Day course presents topics related to trends for gangs and history of gangs. The Officers will learn how to identify gang members and what the effects that gangs have on a community. The course is put on by the Midwest Counter Drug Training Center so the cost of registration is free but will require lodging and meals at the Iowa Law Enforcement Academy. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $ 150.00 _ LODGING TAXI x GRANT REIMBURSABLE $ 140.00 MEALS PARKING YES NO $0.00 _ REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 355.00 TOTAL: $ 121.66 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 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED oo CITY OF WATERLOO EXPENDED YTD 9„23 U.--j THIS REQUEST LEFT AFTER THIS REQUEST DATE Original-Clerk/Finance T Copy- Department NAME(S) AND POSITION(S): DATE: Lt. Lisa Campbell, Sgt. Melissa Ludwig, Officer's Jody January 25,2012 Stratton, Kristen Hoelscher, and Monica Blakeman NAME OF CLASS/ MEETING: DESTINATION: Burlington, Iowa Iowa Association of Women Police Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: March 26,2012 March 27,2012 March 26-27,2012 PURPOSE OF TRAVEL: Lt Krogh requesting authorization to send Lt. Campbell, Sgt. Ludwig, Officers Stratton, K. Hoelscher, and Blakeman to the Iowa Association of Women Police Training seminar on March 26-27, 2012, in Burlington,IA. This 2-day Conference will present training associated with the dangers that Officers find themselves in every day. The presenters will range from a NYPD Inspector who was involved in the 9/11 attacks to training on how to bring the in the line of duty deaths below 100. There also will be classes on detecting danger and recognizing verbal and no verbal communication that will prepare the officer for the dangers they face. The cost of registration is$75.00 per officer and would require lodging one night. Some meals are provided with the cost of the registration. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: >X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE: OF COST: BUDGET LINE ITEM: $375.00 LODGING TAXI x GRANT REIMBURSABLE $190.00 MEALS PARKING YES NO $375.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $100.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1040.00 TOTAL: $ 208.00 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 -�1 DEPARTMENT HEAD MAYOR DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2012_ BUDGETED jelo6&•Uv CITY OF WATERLOO EXPENDED YTD ,,�3 w 7 THIS REQUEST UJ LEFT AFTER THIS REQUEST '2s %0-3 DATE /—�U6 -,;4d �P- Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Sergeant Kerry Devine January 25,2012 NAME OF CLASS/ MEETING: DESTINATION: Lawrenceville, Georgia Intr`o'duction to the Science of Friction Ridge Examination DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: March 18,2012 March 24,2012 March 19-23,2012 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Sgt. Kerry Devine to the Introduction to the Science of Friction Ridge Examination course on March 19th-23rd, 2012, in Lawrenceville, Georgia. This 5-day course is the first step in the process to be certified to examine and compare latent fingerprints. Sgt. Devine is the supervisor of the Waterloo Police Crime Lab which at this current time does not have a person certified to compare latent prints for identification purposes. This course will allow Sgt. Devine to compare known prints to the latent located at crime scenes and identify suspects. The cost of registration is$600.00 and would Sgt. Devine to fly to Georgia for the class. A city vehicle will be needed for travel to the? closest airport. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: )(X CITY VEHICLE PRIVATE VEHICLE XX AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $ 600.00 LODGING $150.00 Car Rental x GRANT REIMBURSABLE $270.00 MEALS $50.00 PARKING YES NO $600.00 REGISTRATION $800.00 AIRFARE x REQUIRED CERTIFICATION $0.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 2470.00 TOTAL: $ 2470.00 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 DATE DATE FINANCE DEPT. STAFF ONLY 010-11-1160- TRAVEL REQUEST LINE ITEM USED 1346 11PRO ICAC FY 2012_ BUDGETED /('�00 6) CITY OF WATERLOO EXPENDED YTD ,'l � " THIS REQUEST LEFT AFTER THIS REQUEST /, DATE ?— Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Officer Jeremy Pohl January 30, 2012 NAME OF CLASS I MEETING: DESTINATION: Atlanta, Georgia ICAC National Convention DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 13,2012 April 19,2012 April 16-19,2012 PURPOSE OF TRAVEL: Sgt. Rogers is requesting to send Officer Jeremy Pohl to an ICAC National Conference in Atlanta, Georgia., April 16-19, 2012. This annual national training event brings federal, state, and local law enforcement and prosecutors together to participate in workshops and lectures to further their knowledge while providing them the tools necessary to combat internet crimes against children. Iowa ICAC will reimburse the city of Waterloo for all listed expenses except fuel and $80.00 of meals. A city vehicle will be required to drive top the training location. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010-11-1160-1346 BUDGET LINE ITEM: 11PRO ICAC $450.00 LODGING $75.00 TAXI XX GRANT REIMBURSABLE $280.00 MEALS $125.00 PARKING YES NO $0.00 REGISTRATION $1000.00 AIRFARE xx REQUIRED CERTIFICATION $70.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 2000.00 TOTAL: $ 2000.00 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 "J�� / DEPARTMENT HEAD MAYOR DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED CITY OF WATERLOO EXPENDED YTD - 2-4 -31 THIS REQUEST LEFT AFTER THIS �•Y. REQUEST ( 5 CO DATE �� - �- Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Sergeant Kye Richter& Officer Michael Girsch January 30,2012 NAME OF CLASS/ MEETING: DESTINATION: Searsboro, Iowa Suarez International Point Shooting Progressions Course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 21,20-12 April 22,2012 April 21-22,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Sergeant Kye Richter and Officer Mike Girsch to the Suarez International Point Shooting Progressions course on April 21-22, 2012, in Searsboro,Iowa. This 2-day course focuses on reactive gun fighting, sighted and unsighted shooting that officers find themselves in when in a close gun battle. Sgt. Richter and Officer Girsch are firearms instructors who would gain knowledge from this type of course which will provide new and improved training for the rest of the Waterloo Police Department. The cost of registration is$400.00 per officer and would require one night of lodging and food. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: )(X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $125.00 LODGING TAXI x GRANT REIMBURSABLE $120.00 MEALS PARKING YES NO $800.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 1120.00 TOTAL: $ 560.00 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 DATE DATE FINANCE DEPT. STAFF ONLY 010-11-1150-1528 TRAVEL REQUEST LINE ITEM USED K9 Program IL6.L L"o 1� CITY OF WATERLOO FY_2012_ BUDGETED aha EXPENDED YTD THIS REQUEST 6 LEFT AFTER THIS REQUEST .? DATE NA AND POSITION(S): DATE: Sergeant Gus Farmer, Officer's Steven Bose &Albert Bovy January 30,2012 NAME OF CLASS/ MEETING: DESTINATION: Clinton, Iowa 2012 USPC:A K9 Narcotics Recertification Trials DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 9, 2012 April 11, 2012 April 9-11,2012 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Sergeant Gus Farmer, Officer's Steven Bose and Albert Bovy to the USPCA Narcotics Recertification Course on April 9-11th, 2012, in Clinton, Iowa. This 3-day course is an annual recertification for the K9 Officers and their dogs. The Officers and dogs will certify in narcotics detection. The cost of registration is$65.00 per officer and would require individual lodging and food. Each Officer will be required to have a city vehicle to travel to the training facility. The funds for this training will be paid out of the Canine fund. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: >X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $450.00 LODGING TAXI x GRANT REIMBURSABLE $315.00 MEALS PARKING YES NO $195.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $200.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1160.00 TOTAL: $ 386.66 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 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 IT- TRAVEL REQUEST FY _2012_ BUDGETED !2�'7C�O CITY OF WATERLOO EXPENDED YTD 1121,3�/7'r THIS REQUEST �cS�GU LEFT AFTER THIS �y REQUEST DATE Original-Clerk/Finance Copy- Department NA AND POSITION(S): DATE: Captain David Mohlis & Lt. Alan Carrier February 8,2012 NAME OF CLASS/ MEETING: DESTINATION: Johnston, Iowa Internal Affairs DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: February 28,2012 February 29,2012 February 28-29,2012 PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send Captain Dave Mohlis and Lt, Alan Carrier to the Internal Affairs course on February 28-29,2012 at the Iowa Law Enforcement Academy in Johnston, Iowa. This 2- day course will teach the process on how to conduct Internal Affairs Investigations. The cost of registration is$150.00 per Officer and will require lodging for one night and meals at the law Enforcement Academy. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $ 50.00 LODGING TAXI x GRANT REIMBURSABLE $28.00 MEALS PARKING YES NO $300.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 428.00 TOTAL: $ 214.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE 1 APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF TERLOO DE ART.roENT HEAD MAYOR DATE DATE O O 11 -4 H>N- ''� AH y HI-- y HH y H" y HF' .y II w 3yrr \ gw O yW O q O yw 0 yw O II z tl:1ml< rn y t+i(n y W Ln y tii(n H tr1 rn H II b :g(31 :g 0) 3m 3� b 11 H O k C # p#t:cn ern mNrh 1„�� H H..._ H /w0 j H nyx H rok'' z H roY; H nyx H I I O a )H O c O o c o o C o o c -0 r o c u PH(D eC 9 tO M n sk 1:11 n =H__o m n 4y W 0 #t�d m o u o H W H V] H tx]z H (D H (D p O �] y N y t=J y y 0 y n hi � H C1] C+] t+] H CrJ O C11 it N- C) O 3 3 (7) 3 z 3 In 3 D ti lu . 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OOIN 01 II 01 'P 'P l0 w "N H D H i 'u tj n to 0 to w d w o d 0 d not ii H "N • n n o �o o �o u1 Mrn o o Ln L" N n w n w o 0 0 0 io 0 0 0 'v O a) m IF 11 y m CITY OF WATERLOO f Council Communication City Council Meeting: Januar)[23, 2012 Prepared: January 17, 2012 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: San Marnan Traffic Monitoring System Project—TRF-200 Submitted by: Sandie Greco Traffic Operations Superintendent Recommended City Council Action: Set date of Public Hearing and Opening of Bids for February 13, 2010. Summary Statement: Notice for Bidders and Public Hearing Notice will be published once Council sets the date of public hearing and opening of bid. Expenditure Required $38,500 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: This project is part of completing the City's wireless communications network and traffic monitoring system. Cameras will be installed at the intersection of San Marnan Drive with LaPorte Rd., Sears Dr. and Penny's Dr. Images will be transferred to the Traffic Operations Center for traffic operations improvements, traffic safety improvements, and occasionally police use. Project delivery method is turn-key. CONTRACT DOCUMENTS SAM MARNAN TRAFFIC VIDEO MONITORING SYSTEM WATERLOO, IOWA TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS ............................... 1-1 RECEIVING OF 61 DS - PU6L-10 HEARING................................................................................................... l-1 11- FORM OF BID OR PROPOSAL............................................................................. II-1 III- SPECIFICATIONS................................................................................................. III-1 A. SCOPE.....................................................................................................................................III-1 6. DESCRIPTION......................................................................................................................III-1 C. DEFINITIONS........................................................................................................................I11-1 D. RELATED SPECIFICATIONS AND STANDARDS................................................111-2. E. EQUIPMENT AND MATERIAL SHALL 6F NEW................................................III-2- F. NEMA......................................................................................................................................111-2 G. USING EXISTING TRAFFIC SIGNAL INSTALLATIONS.......................................111-2- H. EXITING EQUIPMENT......................................................................................................III-2. IV- FORM OF CONTRACT.........................................................................................IV-1 L I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for SAN MARNAN TRAFFIC MONITORING SYSTEM, WATERLOO, IOWA RECEIVING OF BIDS Se -it4 bads wUL b,& received, lyy fig C y Glee-k, of tk�& Ginty of Wa�lerLov-, Iowa,, a,k kt r office' o4- C fy Ha , o-w fly 1311- day of FeJ;wua-ry 2012, v*4LL 12-:00 morn, for fine' Sa.vv Mao-viae TraffL& Ma*Li cri," Sy.,,p ay de�c�ri�eole ivy ofvtt�i,( pe,r mow-ovv f az, i,vv fine-o f f v-,&of fi-,-&C49 C e rk PUBLIC HEARING Tine' C49 Cv -vttc W-U L co,wl u c f a P4A4>Lv--" k-ecu-""-g 0-vi, fine' proY-o-' S� f orvw of c o�a.c-t", a L& eyf i� of c4-1'f" o* 5:30 p vw ow 2/13/2012, i,w fine- Co u ,ci.L Clnawbtry i vv ¢in City Hai ,. Yo- t, vwa.y avv eaa- avL& mo-k2- o4;,j u4io-w f kt -eta- wt4v fin& Cvf y C ' rk, Gee f o re tk,& da4v se* far s a� kzarv,Lg, or ap-p- a.v+.d, make.,o-b j v-fc o w f kt re4-o-a4--fes kzari,". f3 i d Y wLU, i>& cr e� L-A- op-ew cow c i,L W"� *r b� kti& i,vi, fl'& CouM.c i.(, Glna.vv ers i vv fin, Cvfy HaLL, o-vv 2/13/12, a4- 5:30 p vw, a*%& wiLL ire, a.e4t4, wpov„fktA-o-r Lafer ay f vxt.& Tk� proje + i,4-� Pa0L—i Lf=zoa-vw caV",4-ay a,f-fine, i,vuf-w.-e� of Saw Ma.rma v Drwv& wvfk, LaPorfv Rd,, Pevwt y's Sfreef, avid. Sears Street: Tkt/ sysfe y{nad,(, b� fv l,y a+nd, wurk,i" wtfk,"<, 60 wark.i" ofzuJs pews a-proved, e,/�a-vt s frovw fk�& aW& of fk-� "No-fi fo PraczeW'. E.5, a, -f t-wk-c, p-roj u : Co vuh-a c>tor iy &xp-ec� fo- iwuYtaLL a,f- Leayf- two- wovt i fori,v�g ca v�e ras c 6&tA, Co*4ra ,tor Ls, e x4>ec� fa- k erset f/k� wvfk, ¢int, ey-� Lat a,fi a- , Gvfy's e-x� w w' eLe6.s Ixu ic.�o ve, fra f fi / ra.o w- f u r",54• , a4-,& Gt,4a a,f&tLt y op era�f ion a L l ys e vw Tk e,yysfe s k a Ll, i�de yi g vLe ol, at-L& b-u-i l.oL fo- V,& Govt f &{Led,, vvtiowi fo-red,, a-,& recorded,frcw/aU -Traff&Ope ra,fu&v,,s Ce wf-er, 408 E. 6f^-Sfru* Tk-c S avid, fl-Lt, prw r p-r&ce d4,"s of fk-, Ci-ty Cou-vtc i L ref fa- fk-e/ p-rojet+ are' kte rea),y m4,da, p-a� of fk-i s a.vtL& fkt� pr&posed, w-wfrac t- iyy referevz&A/L a.L enc e c w(- i,w fk t r&wvfiti NOTICE OF PUBLIC HEARING PAGE 1-1 A co, racf- w-U L r, cu.r 01e ol, f o- fkt, gtta� b ,o� fufaL bti rwwve,,�, -f-k, rigI,f ft,- reje , a" or atL Moly, r�-aoU�erfLs�� (3 Ld, w," !>e- k e l d l y fig - City for 30 oda yy f i-o vw f^-',OL" of of �� 'p-m.,or fo-a-t~ol� fly co"wtrat, ALL l^-aM�, a4.& co y(y i,4�� fo- 01e l i v- ,9 Of fly e� god sly a t L !� L&Lcl�� L,VX, f lei a� -i cz r f f!� of e l i,v�ry i s., a�e-I-ayed% f s,,t ra. y fa-ftp c4q of .$10 per of ay. A S% b-i& W,4, r fy bvA-Lad f<-� bii d- L4-- a yeptiu-altf- e v1� L&%,a,form, wig Cl a� 210.8 of Coy of t awa, CITY OF WATERLOO, IOWA Swzy Sc4-are3" Ci,�y Ct rk, NOTICE OF PUBLIC HEARING PAGE 1-2 II- FORM OF 61D OR PROPOSAL- PURCHASING ROPOSALPURCHASING TRAFFIC SIGNAL EQUIPMENT FOR SIX HIGH ACCIDENT LOCATIONS CITY OF WATERLOO, IOWA H o-vwrab,,( r M ay c r a*x ol, C i,-y Go� , W a4-6rLao-, 1 owa- 1- Tl e wvwl e rs i g v�zd, be-t-" a- Covp�ro4tbmfkl e, Lai of B -P- Sfv-f& of , a- co�� of {k,& f o-U� �-avw`9 faiq�m'ze,o(, cc h-cu�f Lvfe.4, i-w f�,& Tabt&of C�w(e-vet avi.d-Ao(di.ol (Lf any), vtzrjw o-w fa-e- i,w firer office, of f -,- Ctfy CLe rk,, Cvfq HaI,L, W a#-e rLaa-, /",-a,, rwcr-o-ye y f o-ot,'-g w av� b-u-i l.oL a- co-wt�f raf f i - w0-v�i,vt g S-y,"f- ,, a-L i w a.c co-rd.cwt.c e. wt4i, -tom a 400v -Li yf-e ot, avt.d- for owt of p-rv-e y for f�- f tLowi,vtg L4e-w a,vtol q,�,�a wfvfizy 61D DESCRIPTION UNI EST. UNIT (31D ITEM I-T-E T QTY. PRICE TOTAL M' PRICE SAN MARNAN TRAFFIC MONITORING SYSTEM DESIGN AND BUILD, COMPLETE WITH FULL RADIO 1 CONNECTION TO TRAFFIC OPERATIONS CENTER EA 1 TOTAL 131P PRICE (WRITING): COLLARS 2. 1 w f�t-iy lyi.oL, f{�-e, l�io�de-r uvwl.�YS�a.vtoly ff�a�f� tf�-e� rid l�f- � retie rv�oL b1y -i -& Cvf-y of W a f e Lac-, Iowa, fo- re-j e-� o-" or aU- b1 oLy If v of vc of fk e- of fbu y b-t& i y vma Ax d,, eA>ticu,L , a r d q4-v e-re& fo- f�-& vutiol e-rSA g v-e-& wu -- { f y (30) Aaq y after fk�e- a e4� ff'-e re o f, or a+ a" f L'vv , f-'&re 4f e-r b e f ore, ft-wy b-t& i-S- fk-v vA,L& .s,i v,-e&a,�rcz-, f- e y-et u -e.a4-,&of e,l,u, avt,a g reew�i w fkt" pre y ri.l & forvvt, wifk,Ah few(10) days-a ff-e r fk& agree v�i,S-prw4,- -eoL fc-ki4l . 3. -r�,& b1,vW r fk,&f o-Ll ow i..vtg AdvLe t of wv or AdvLe,vt.d.a. Ao(de vtol wvvt, No: PO4& 4 Tl-,& b-i vLAe r kzL5,fULe-d- i,w a i, bt a�ovt,f lit i y prod o-S .. -rk o ' bt a4,i" oz-f- are,Y�1fa�i,ca b(e are, vv<ark ed, ar ,SNA, FORM OF BID PAGE II-1 a-i,oV o-r fa- redu� p n- ar fa- -tom a-w-a-rdl of a- c-a- at+ I�,�O-cwq (Nam of &d�) (Dam) >Y: T O f f LzA.a-,Ad t re 3 v (1 vLc(� Zi,p-Go-A&): No FORM OF BID PAGE II-2 111- SPECIFICATIONS Sa,w Mama-��Tra f f i.� Mo wi�f O ri,�.g S ys,f� A. SCOPE 1-k ,Y i s, a- fbwo k. , oL"vt, a*L& b�,�i,Ld, prof u+foi- a*v 1 P b-atie- y-q pt e w Iv, fk4,k w�e, ref erect ce i s, v uaa fo- fly e C.& - , ike ordzrk, fkt, g evt,era L order, fk e I a-v y, a*�-& or0,i,�e y vl- s�t mza*v fkt, vers.tof fkt., ref e r6At-e, fka�- ,,y i,v- e f f e + cif-fl-e- do-f& of a.4-v-e rtes i vLg of fk-,e� S ALL At-a.Ll, b-e f vwA i yk eoL a*L& Lvtpf a.(,(z& w-Lf�ad L fl-e a L& pa,vfs, req~e,d,for a•fi,4q or--*rafi,o-vt.at avt.d, 6. DESCRIPTION -rkt, r>ro j e + L-44aii ," p-cL-1Uf=zauvw c aa� o-- - a F f,& L& -rst o w &f Sa*v Ma.rK&,,-, Priv-e w-vf- LaPovt& Rd,, PeN."'y SfrW-, avt4 Sears SfrW-, aid, ikz*w fo Traffic- Ope-ra4� GewfY.r (TOG) 1yy ra4w- C4-w4ra-,-( s4A,&L obfa i,vt, Tra f f ug O perafio D efAlrf wue, `k arrow , of camera, fy p-e,, c a*".era, Lor afi o*v aural, kt i gk -, aY weLl, a-, of kk fo- Projet* d t very mt&o& i s, -hwA k e�y fy� Co-wlrac�for i,Y re4v-o� fa- deferwu,vte fi-e k-eti Lota,fio-w for fkt,, c4vwera.5,, fl--& bv, - way fo- e. � w , Tra f fi , Ope i-a4iwo Ct4,4er, avL& f1--e fyr;-& of ccwwera, avtd, o-f,. C&-4raOtvr iy eXfec,ftd, fa' i,v� at- Le-ay1 fwo' vttio vt inf o ri,vt g c a-w-era-x,, o* e acl- a.vwl, co-vun.e f-kzo- fo-TOG 04--40 8 E. sfrQe* Wa,fQrLoo, Iowa, Ewvfi," wse y fly Wade t4-c- Poo i c e Tower Loc4 e ol, oma, f1� af-ke r side of E. Coll- s-fre + f raves TOG. Co-wfrat�fm c,5, exf fo- fie a ye Lacafi oma,, Tra f f— De fa.rfme v k enc 4f(f " raAZ.&- y ys4ty a.vwl, d e m g vt,, f t w t-s v avt.ol, L4-, -ad,L o- fvikg o�era,fwvta.(. s-ys�ewt< T1�t� s-ysfvwt, s,kt,a-(,(, !� olryig�.ed, a�.o� lywi,(,ol, fv- I� co w f ro l(e al,, wt o vt vfm-ed,, a.vt.oL re.c o-riled,f ravAl al-TO G. C. DEFINITIONS 1. Specifications mean this document titled "Specifications". SPECIFICATIONS PAGE III-1 2. City means City of Waterloo, Iowa. 3. WTOD means City of Waterloo Traffic Operations Department. 4. Response time means the elapsed time from when the supplier is given a notice to make certain actions to the time the supplier actually starts the action. 5. Contractor means the contractor and/or his/her representatives and sub-contractor. D. RELATED SPECIFICATIONS AND STANDARDS 1. The material and equipment supplied shall comply with the standards listed in paragraphs C2 to C9. 2. Specifications of the Underwriters Laboratories, Inc. 3. National Electrical Code. 4. National Electrical Safety Code. 5. NEMA - National Electrical Manufacturers Association. 6. ANSI -American National Standards Institute. 7. IMSA - International Municipal Signal Association. 8. Local Ordinances. 9. All pertinent state and federal laws and regulations covering material, design, construction, and operation. E. EQUIPMENT AND MATERIAL SHALL OE NEW E a*-,& w-o-f-e tial, p roil�,�c�fy of a fro v e ole s wl�Yil i-Q ry a v�ol, wuuti� c�fu�'e i-y, a p o v eol, !�y Tra f f� O�cvf-io-vvs� Dep-a.v{-wLev�: M" el.ec�f�i.c�a-(, a4l& W,54 La(,y� P>& UL_ a prove of F. NEMA AU, av-f A -ar e cj u i,l�s,� a(.l, coi� w�- N EMA ft-4,"t1'�-ra4-Lwe, fc- Lott , co-vtioUbt i oa .. G. USING EXISTING TRAFFIC SIC,NAL INSTALLATIONS T ,e, cot rac f ar c a,v�, wyer tire, &xA4,-i.v y, g o aL Yio-( for came a, -r" c o-v O C'1 o MA'g lvl-oLeci of e,-f c, k'o� s.o-� O pe cra o-k� D e.Aa4 wee w (M cuff V La44,k,a�-319-2 91-4440.) H. EXITING, EQUIPMENT Tk.i y i-�-a- � of fit Y� of C44M-ice^ eve a'*- LO,'j i,vI, We- ley C-fy bf y Wre,Le�, a-L �yac l� Tra*vze o-tr y Tra A/ZC.0 Sti ,ri,lye r wvu�f y Pe,L,o- HP Serra, Do-v� HEt{,-�rN.e�- PV R Ol e�v i cel Lar Oaf eon a�-Tra f f i ,Off rad,_o Ge*,f e r for re co-ro(-bA SPECIFICATIONS PAGE III-2 IV- FORM OF CONTRACT SAN MARNAN TRAFFIC VIDEO MONITORING SYSTEM FORM OF CONTRACT CITY OF WATERLOO, IOWA Tl�iso co w(Va cif woad a vt& ewf�e& i,va ff� d�-y of-, 2012, b-y avti d, jkt, Gi fq o f W cvf-e i L a. , l owa,, a., M u` Lizi f L Gorpara fiQ , (kzrei,� ref-6rreo�fc-a�,Comfy), avt& of kz re,i& a f f&r ref e+-re& fc- ax,, Co*Lf ra f v1r), WITNESSETH: PAR. 1 Cov_fracfor agrees fo- d ,ygvv aM& k � SAN MARNAN TRAFFIC VIDEO MONITORING SYSTEM, aid, fvwv, , al,(, vu �y fvvt- -, eqAA4;?+�, wtafe ri-a 4-, a*.dam W- ,or vu z- y fa- do- aiL fk-& work, fo- d tA,,� a� f w(, g v-i ol. M -�Gkl g y-9*4 n' c o�� Of Pa 4-L, f U, - zCV*vv ca.,Aate, radio- a L& aiL -H-& very fo- Traff Lt- Ode tra-fL� cz - a� per cowl rack a -,-& performt" e_ve ,qf .iv~g ivL. a, WOO (i,k e, a L& fo-r ff-& p-ruu_� s, t f o-vff_ i,vti, C&- a-c^o-r`y wf---i wati a.ctx� Icy ff -& C,f , a-t-L& wkzr- - ism utiw�e ryfoad�avwl,agreed,fa-- !,>&a�pvw- of f k i y w-o, races PAR. 2 If i y Lm�Stco� a o_& agru& fko f--H,& rwtv_fiovt,a-d.o� by fk-*- Cv_y Co-u� 0rderi4v app-rcvi, g tf-e, co- a.(*, firer NCfice- fo- f3 Avtpwy a�, , ff,,e, Forvw of Pror-o,.a.(,, f,& C_�u-c>f-� r3o,--v , rcl.a4 g fo- FORM OF CONTRACT PAGE IV-1 fly-i sm v e�, a4,1.& t S s4� a.LL Iwe, c o��eo� a-,f ovmA," a. p,�of fl,. coi4rrac--ik-e, s,- a,�,fk o ug w fP ey were, ea.c�svt-o-wf-%vt,sa-io% co-v,�-ra-cwt: PAR. 3 Tltie, Go-vvtra.c�ur a.grm/ fo- fwtrvLiSIti a-f bf1- awe co� o-o e�c�ae v�ye, a.I L m cess q vt.aerLv-4, ai oL Wa ,or fo-r -w i work, avL& fo- cow v-c sa,i,ol, a� fko-ratxg k� o-vt& wro k,vV.avLl i,k acco rd avLce, wv(-w f,& of a,,& of fly p LavLs, o- . m"Le, a� ha++ kt reof bJ re f erevLc�, o-iAd fo- a,4,& a h-h-ro va, o f f� Gvfy a t& Lf( l T ra f fL&O pera�,o D PAR. 4 T� Go-vq ro- ar ag rezy fo- p-p-rf o-rvw sai d work, a vLd� said, U'"ProvewLev» o-w if-& fervwy svf out- ivy, Dial, o-r Pr0r.0-� fo- ft-& Ct q w�,i kzL&, l e-e acce� Cv q a vLd, wk i. w/ b q reef rbtA c mad e-a,pa,+of f ki,,c,- ra,- PAR. s Tk-e- Go*,-fra&-o-r ag re ey to s,� ,,kl (10) wo-rki*J a ffe-r rec�of "Nof u e fo- Protze,- ' a o-oL c�� Lt-o-w ardye fore, shy v,o-rk,i ,-g d a.yy f row,if,-& of a t& of No-ftce, fo- P rat ed, a*L& a.v,,y &xf e. s of fL4,,& f kzq- L,3,, gra*ed, !may f�,& Gvfy. PAR. (o stiovuu fke, Gov-�roz ar fig i L fo- sai oL i,vv<p r� uti vtrLc�(-a ccord avLc& w,6, f!n , fe - ,s, a,& c o-vt.d int i,o� of co tra cit, or -f-& a-vL& jktre f c re, p ro� tL y b y fk e- da,ty kzre,, s pet�, fbLv Ctf q ma ij pv-�q ado4i o-vLa s u wy a&, Lt- wta y be, re q rtii,reo(, fo- Y',-,j P,,j rm50-w of f -e- fai,(i I-re, of said, co wh-a cyto r a l& deduct- avLy av-& a t yu rte• P vvf ro-vw avt.y a4,-vo u f� du-& Gov ra ,t r. FORM OF CONTRACT PAGE IV-2 PAR. 7 -rk e, Gov4ra.c fo agrees fa- com� wi4-x, a*v& ab4 a.L order.e of ftp-& CA f-y of Wa-f-�Lov-, Iowa-, r&W� to- li--& 0ru c� of a(,(zgy, k ezpt*LJ cr-- P 5t- J e- ways for water, fraffi -, a-p-L& hrof-eco a-" achy yfru*or aa", a&,-d- prap-er avid, lq-arri cao wifk� UgMf , a*v& Atwi,vL.g al(, of Aark ue.. , fa,. ez -0�fly-& L,�- prop-e rL,y Aov , avid, ag ru k f o-keep'l -e,Coy witio( a-�&d f e -L&a" a -,&ai, f k. " b,& agaA t-L t- i -er Gt fy by rew ovt, of a" i.vy'uri ey fkq- w�a cg �� bq a" fje-rar rwoY'-e4� a,L- e txj caAA,�-e& !may fkt� Gowtra c r, or kA.5, age wfY, wi,-, , w-o rk, i�Ao*. h-wrs�fc-fk i y ag re 4,v . PA R. s Tl-& Go-o4 ra.c f( ag re e,,v f l-a f- LA-,, t-& evf f- a, Lo-. y4� L,,,/ brow-f aga i*,- f ftp cUfg for da."cg - a aeg edL y ly y read v of ave y ac*, o ALyyi- or v-zg(.i g e Lt. of f & Go-vvtraz�or or uf( - ag e*x,y, or avi, atzo-t.� of a vug i,v y vwui y a U e9 edL y �1, b q rea50-w of a" o�Yfru c o►ti, k-o�, d epressi o w or b cwriz-r p-1 zeds or d-u g lyy f i,& dt�e +�or vh., a-gevvty, i,w fly t� d o-i v of f-,& we rk, kt rei,v,, czvfratfr d far, fk,Lf int- wi.L(, deft,*,d, Sa� yu vt av-.& Sa- l --e, Otf ko-rm e�.k fl-e-ru4,.,, a+�.d, L4,-, cage j u.olg mt*,-f 4, revs d,&red, aga� ff L& cAf-it , flame' Go-wt a far agrezy fo- pay -H-& wa p-rovmpl t.j. Tire Cavvtra&for agrees fa- carry pt� Lw-� L'AA, �-a*Lct/ L*v a- S�w co-vv�:za vt y i,v<, a a*.ov-v,-f-fa-prof e,>+fll-& Gi y avwl,fkOo wttio-wye-f kl e sfrez(y of fk,', Gi ft'. PA R. R Tire Go-v4ra&-tor A-a l.(. vw- ca -::& c f a&iw- v, agai,v� fk-e, Ct y o-w acc�of d v( k a&,oU pro-��of wo-rk,, b-b� i f said, wark, w d e(a y eol, b q -H,& Ginty, f-lx-& Go-v�at4or sl,-al.(, ka-v& w c- &Y-4-ra- fi,m-e-for of-H -e,jo-b- as, wati Lomat lyy re L-.o of fl-e,d,A. ca� b-y fl,,& Ci ty. FORM OF CONTRACT PAGE IV-3 PAR. 10 TPt& Govvtrc ci( agrees,fa- pay at L jwyf- c.I.� of W:2,or, v�a�e-ri a L, w�ems, c r w-bc,�a&f c ry wko-,,P 1, pe r f-o-rvw La ,ar or f u rv�i materLa t,y 6o4erw g i,vvta-fk� i,vv�ave*me*v It L/,-agrez,4,fk,a ff� Gvf vtze& vwt p-ay fke, Gowf ra c, wwti,L fk-e, Covvf-razfor pays, ai , such, c � It L-,,- agrezal, fka�-ike, Gvty s� vw-{- b& Ua-fy,k& f o-r sa-i,al, l a�, wa f e ri ai" o-r mt*, wvwl er fki,y wvLf ra.c;t: PA R. 11 Tkt, Go-wf rcufcq- ag re e.�, fa- f wry, If,-& Cib, wbif fk i s,Dov, rack a, bov,-&o-w a,fc rvw fo- b,& plrovtAedk b-y fl--& Cab i,vv fk.e, aww� pro-vi,ol e b-y Law- a&- sfc t i,vv ik,& N o-f-i c-e, f o- f3 i,a(.o( ,, k,�& f o-r ik e, >e� of ffe, Ctfq, a v& amu a4,-,& al.(, h e,rwo i,v y t wc& bq -f k,,, 1>rea.c,1L, of avt y of fl-.e,ferm,s-of fkAy co-vvtra.c+ Sai& b.o-� AAzLLL b�e,f Lit& wif fes,fire, Gvty Clerk,a.vwl,s�.a.l,L lye,w b ju+fo-fkt,ap-prova.L of fk.e, Ct�q Go�� , a,-& � b-y ref erevv-,e-, made, a, parf-of ff�i y covvf ram PAR. 12 Tl--e, Gowt ra&, agrees,fl,--* a4,ate of o w work, wvtde r ff-- ccq t ae,t- o-r cease' lk,& pry fk reo f fc-r a, perLo-z(, c f fki,rty (30) co-vvSe� dagy - wvf-(%w- r ca-► , a v& A oiAol, L,-f a.,,L f a- pracze& wt4i— sa& work, wvtl,-i,vv f e ve, (10) days,after a, vwlicv fa-co-� or czwrg i,f-o-w k is bez vnai,(zo(, fo- vt- of -f-e, gi,v,v ln-e r i,v b-y fly e, Ci, y, or after s.► 4i- vofi k.a5, lyee vt, s e-ry eon, o-w Lf-, flL-e ve,f Gift' " protze& fo- c o� salol, work,, ws.i v`J a, J materLa.L, toot,,, or y fo� aLo J sai,ol, U*,-e, of work,, do-i-" {k,& work, e i,t l-er b-y co-vvtYa.c+ or a,�, L* " &Lec f-, a&,-& lke, Go-wf-ra.e,tar a*t& fkt/ swre� c-w Lts, bovL& A -ail, lye, L abd.e, fo- fk,e, Gi>f f,--r c oy avwl, e,,,- 'ti so pa.i ol, &vt- Sa i,al, coyly s4,a b,& r&ia.i,vtzol, ly f--& cif f ro-vw ave,y w v�� A kt,, o-r fo- b,eeo w� o4 z fk-e, Go-vvtra c4-or, a ,ol, vvt,a.y b� re, o re.& ly y fire,GAf9 i,vi,a v a f uo-v,, wp o w Go wt�-cu,ta r'S lyo vof� FORM OF CONTRACT PAGE IV-4 PAR. 13 1 w ca i of e ra f Lo-w of ffn& fug,(, co-w�� o-w fk,& pa4+ of f k,& Co-wl-Ya-� w 6Lf, a.L(, {-,& rwc v-i,�, a4l,ole co of i�fi,o v�y k Zreo f, o-r C,03- -a-i vti.e oi,v.�fl -& V-a+ri,ol y mad a- Pa4-f of fkAi - co-wfra.c-f- !-y r&ferevue-, a.v,& Vro-w c.owf Leif i o-w a*L& of wa wm-kl, lke, Gvfy agru, ,to- Pa� fn fk-e' Co*v ra&fo-r, i w fkt� vwa� serf ov - i,v,ff,-& No-f c fo- Gawfrcu�f ory, -H -v a&A.ov-v, f- of wwweg dui f�-& Co�accfar for v,,o-rkl pe-r f orm e&a 4,x.& ac r etyl r of, a f-fk e wv 14-p-rLz:e ,s,e+ov-f i,w f---e, Co- a&l v, y promo sa(% w-I,� ka-.s,, Vw-e ac r e� lyy fi,& afy. PAR. 14 Tine f cl-ol a*"o-u�of f k,& c n rac�f-, lea ole o-w fk,& C a-w f ra., a b-i& P-rLc& a*x.dU for vrf�-i.c lti 100% b� -fa- a,�e, f a i 4 wf�`�(' fa et'farm of f-e,covesfrar-f i�s, re q u-i,re&, i y$ PAR. 1-57 After fine of said, work,, fk�e, Cov4rat for ag rm,f o- re wtav aL(, d e b t-i,A a x& cl ea� &tp sat,d ,fret(y, ai oL fc- sa, - tire' City ko-rw-tt. f rows, a" da"e- olLegedl,g rvwLf�" f raves a, f a i,(t,w& fo- cieao, v p- a4,,-& re-vv.� -fkt, c r p-wf fl-L&yfru*back, i,w a,pror,-e cavwW f io-w far fraNve(. PAR. 16 vv - �, b w i.w fi,& eNe wf of a,coj� fig c-o-wf ra c�f a4,1-& ik e, v-a -Lat� �uK� i vu oi'Yso raf e o(� !�y ref revues, fkt-,co-wfrcu+A,,o- 1,gov-e�rw. PAR. 17 Slnau-( f k& S q pf fa i,(, wv� fine' wa-rrawfg p-erw-o(, f kI e, Com atc r s k- carred(- f a�e, a x od d ti i,ver o• wo rkA*g .-q s fe-� 1v,, li--e' ev-e v of fk e' f ail uw e, or d tj " of lk�e, Go wf rcu�fa r fa- re "-Jg ave,y or a(-, stys�� f aij( e s, dui f c-- dte e� L411, sa-i,oL work-1 w-vfin� fire' wa-rra 4l y P e rwV� a,& S� f roves fire- date of acct� ,ce 1,-g said, Coi"j, a-4^-& after Iia-� free gwe f (10) days- "-hi Sc- fo- da- b-y reg iyferc& Leif w Sfa� Po-f- Offi rc i vt, sa i& fowww, addre5 Sto�, f)- sai& co—f ra.c-f o a�- fire, FORM OF CONTRACT PAGE IV-5 a.otd rres y Girl u " p rattt&to- re v�.eo�y dt� GQv�ra-car r CITY OF WATERLOO, IOWA Mayou City Ci, rrk, Co-v4rra.r-( r3Y: TLf L App-ro-ve& lyy fk-,- Ci fy Co�-i-1,of lk,& Ctfq of Wa4tP rLo-o, Iowa, fktw, day of -) 20 ATTEST. Ci�fy Cl e rrk, Wa4trrLov-, Iowa FORM OF CONTRACT PAGE IV-6 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1374359 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues NOTICE OF PUBLIC HEARING AND g 1/31/2 in the s sues o f NOTICE TO BIDDERS commenc i.n On O 012 NOTICE OF PUBLIC HEARING 01/31/2012 On Specifications,Form of Contract, And Estimate of Cost and the of said news a er and that the annexed rate Of TO BIDDERS P P � For the Taking of Bids For advertisin is the re ular le al rate of said SAN TRAFFIC MONITOR- g g g ING SYSTEM, WATERLOO,IOWA newspaper, and that the following is a correct RECEIVING OF BIDS Sealed bids will be received by the City bill for publishing said notice . Clerk ofthe City ofWaterloo,Iowa,at her office at City Hall on the 13th day of Feb- ruary 2012,until 12:00 noon for the San Marnan Traffic Monitoring System as de- Printer' s Bill $33 . 86 scribed in detail per documents now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications, form of contract,and estimate of cost at 5:30 pm.on February 13,2012,in the Council Chambers in the City Hall.You may appear and make objection thereto Signed - with the City Clerk before the date set for said hearing,or appear and make objec- tion thereto at the hearing. Bids will be opened in open council meeting to be held in the Council Cham- bers in the City Hall,on February 13, Subscribed and sworn to before me this 2012,at 5:30 p.m.,and will be acted upon then or later as may then be fixed. i 7 The project involves installing pan an San zoom cameras at the intersection of San _ day of r G J�t Street,rnana d Searive rs Streetth , The system �vg n shall be fully installed and working within J�� 4 � � --� 60 working days plus approved exten- 1 t"--� sions from the date of the"Notice to Pro- COM ISS10 NO.761975 ceed". This is a turnkey project. Con- � ;, a jS PJ EXPi�S .S tractor is expected to install at least two monitoring cameras at each intersection. f Contractor is expected to familiarize her- self/himself with the existing location, Ota Publl 9 Y �, City's existing wireless backbone traffic radio communications system,and de- sign,furnish,and install a fully operation- al system.The system shall be designed and build to be controlled,monitored, Received of and recorded from/at Traffic Operations Center,408 E.6th Street. The Specifications and the prior pro- ceedings of the City Council referring to the project are hereby made a part the sum. Of Dollars notice,and the proposed contract by ref- ln full for publication of the above invoice. erence shall be executed in compliance therewith. A contract will be awarded to the quali- fied bidder submitting the lowest total bid. The City reserves the right to reject any or all bids,re-advertise,and to waive Notary Seal : informalities. Bids may be held by the City for 30_days fr-gm the day of_tbp open- ing of bids prior to awarding the contract. All shipping,handling,insurance,and costs incidental to delivery of the goods shall be included in the bid price. If the delivery is delayed,the supplier shall pay to the city liquidated damages in the amount of$10.00 per day. A 5%bid se- curity bond shall accompany the bid in a separate envelope in a form compliant with Chapter 26.8 of Code of Iowa. CITY OF WATERLOO,IOWA Suzy Schares City Clerk San Marnan Traffic Monitoring System Project February 13, 2012 Bid Tab Estimate: $38,500.00 Bid Security Required Bidder Bid Security Bid Amount Radio Communictions -� + &6 1657 Falls Avenue ` Waterloo, Iowa 50701 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 be(,;L— Mayor CITY OF WATERLOO �1 �✓" .. ''CLC, BUCK CLARK 2, Council CommunicationIi� 0 , � ✓� COUNCIL MEMBERS City Council Meeting: January 30, 2012 ................... Prepared: January 27, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Ward 1 SUBJECT: Set a date of public hearing and publish an official notice pertinent CAROLYN to the sale and conveyance of a portion of 218 West Mullan "excess land" to Iowa COLE Community Credit Union, f/k/a Watel Credit Union for $50,000.00. Ward 2 HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward Recommended City Council Action: We ask that the City Council set a date of QUENTIN public hearing and publish an official notice pertinent to the sale and conveyance of HART land as described in the attached legal description, and authorize the Mayor and City Ward Clerk to sign and fully execute any necessary documents. RON WEL Summar Statement: As you may recall, the Cit of Waterloo has been acquiring WEEPER Y Y Y Y q g Ward land for the Sportsplex Project recently. One of those recent acquisitions, on the City Council agenda for tonight, is the acquisition of the Iowa Community Credit GREENWOODBOB Union (ICCU) at 320 West 2nd Street. As a part of helping ICCU to find a new site to GLarge remain in Downtown Waterloo, the City acquired the former Happy Chef site. This site is approximately 0.75 acres, and the City will be conveying approximately 0.50 STEVE acres to ICCU for the construction of a new credit union. This site size is consistent SCHMITT with similar type developments, such as the new US Bank facility immediately north At-Large and the Farmers State Bank site on 6th Street. Due to the width of the lot changing some site layouts for the new building, ICCU is requesting to buy the additional 0.25 acres for additional parking, expansion potential, etc. Staff has reviewed the assessed value per square foot and the appraised value per square foot of nearby and recent sales, and believes $50,000 for the remaining portion would be a fair amount. Expenditure Required: NA. Source of Funds: NA CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Sale of Property and Economic Development. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Background Information: The City of Waterloo has worked to sell additional land for development purposes, to abutting property owners, and within the confines of the Sale of Property Policy. This sale would appear to meet the objectives of the Downtown Master Plan and be in accordance with the policies. Printable Map Output Page 1 of 1 Black Hawk County Parcel Ma Parcel ID: 8913-23-452-004 Deed Holder: HEENE FAMILY TRUST Parcel Address: 218 W MULLAN AV, WATERLOO, IA 50701 BalsaOed pataehtlm `` � ♦ �,,� c��, y Fotlfuva ' 1w.piml A-1.1 Photo. airport g ICy Black Hf..k C -sed - .+y s •�"y parka c riE�i�Vlir,.. r ftij—m } city Ums railroatldm roaAtlim r5 d 3 i T: 6 3 ' w �r i lAw"Aidm .G }199Q 2O�I t Black Hawk County,Iowa Ma Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accu acy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 theB ck Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 record ,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 inform ion required for local government purposes.See the recorded documents for more E-mail:auditor co.black-hawk.ia.us.or detailed gal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 1/27/2012 LEGAL DESCRIPTION The Northwesterly ninety (90) feet of Lot 29, except the Northwesterly one and one- half(1'/z) feet thereof, in "Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. I do solemnly swear that the annexed copy of legal STATE OF IOWA } City of Waterloo Public Hearing—218 W. Mullan Black Hawk County SS Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of February, 2012 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $12.47 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: I Signe,? Notice is hereby given that on the 13th ` Signed day of February,2012,at 5:30 p.m.,in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hear- ing will be held by the Council of the City of Waterloo,Iowa,on the proposal to sell and convey a portion of 218 West Mullan Subscribed and sworn to befo e me this Avenue"excess land"to Iowa COMM nily Credit Union,f/k/a Watel Credit T� Union,described as follows: Day of A.D., 20 The Northwesterly ninety(90)feet of Lot � 29,except the Northwesterly one and one-half(1%)feet thereof,in"Auditor's pn ^< SUE �`q p' Falls Avenue and Mullan Avenue Plat;' o SU h1L/\�el Z in the City of Waterloo,Black Hawk Col"41SSION NOP 7(3 County,Iowa; C 14sF,T-Sfor$50,000.00,plus costsS Anyone who is interested may appear at said time and place and be heard or may Notary Pini is file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 30th day of January,2012. Suzy Schares City Clerk the sum of Dollars. In full for publication of the above notice. CITY OF WATERLOOI 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 d � I�ITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: January 30, 2012 MEMBERS Prepared: January 27, 2012 ` ...................Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID JONES SUBJECT: Set the date of hearing for approval of a Development Agreement Ward I between the City of Waterloo and Iowa Community Credit Union, f/k/a CAROLYN Watel Credit Union that will convey property at the northwest corner of COLE Jefferson and West Mullan Avenue to Iowa Community Credit Union, f/k/a Ward Watel Credit Union for the construction of a 2,500 sq. ft. bank building HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward Recommended City Council Action: Set the date of hearing for approval of the Development QUENTIN Agreement, authorizing the sale of land for $1.00 and the construction of the bank building HART valued at $450,000. Ward 4 RONSummary Statement: The City of Waterloo would be conveying the front 0.50 acres of land to WELPER Iowa Community Credit Union (ICCU) for the development of a new banking facility. WEE Wards The credit union would be constructing a new 2,500 sq. ft. bank building valued at $450,000 on BOB the site. This will allow for ICCU to remain in Downtown Waterloo, as their existing site at 3209 GREENWOorWest 2nd Street would be acquired for the construction of the Cedar Valley Sportsplex Project. At-Large ICCU has also requested to buy the additional 0.25 acres of the former Happy Chef site for STEVE $50,000, which is another time on this City Council agenda. SCHMITT E=xpenditure Required: None. At-Large Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: This represents continued investment in Downtown Waterloo, with a new credit union to be built next to the recently constructed US Bank facility. All of these construction project are working in accordance with the Downtown Master Plan to work to bring new destination attractions such as the Riverfront Renaissance and Sportsplex to Downtown Waterloo, while also working with our existing businesses to invest and grow in the downtown area. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of February _, 2012, by and between Iowa Community Credit Union (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before March 1, 2012, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property"). The purchase price of that portion of the Property identified on Exhibit "A" as the "Building Site" shall be $1.00, and the purchase price of the remainder identified on Exhibit "A" as "Abutting Land" shall be $50,000.00. Conveyance may occur at two separate closings, but in any event shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. If the Property is not already owned by the City, City's duty to convey is expressly made subject to occurrence of a closing on the City's acquisition of the Property. 2. Improvements by Company. Company shall construct a retail banking facility consisting of approximately 2,500 square feet, and related landscaping, sidewalks, signage and parking (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all appllicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of no less than $450,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not done so. Company must obtain a building permit and begin construction within two (2) months from the date the Property is deeded to it, and construction of Improvements on the Building Site shall be completed by July 1, 2013, (the "Building Completion Date"), with construction of Improvements on the Property as a whole within sixty (60) days thereafter (the "Project Completion Date"). If, after the expiration of two (2) months from the date of the executed deed, Company has not begun in good faith the construction of the Improvements upon the Building Site, then title to the Property shall revert to the City. If construction has not begun at the end said two-month period, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced within the two-month period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Building Completion Date and the Project Completion Date, as appliicable, shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. Upon substantial completion of Improvements on the Building Site, Company shall act with diligence to permanently move its business operations into the new building, remove the temporary banking facility from the Property, and complete construction of Improvements on the Property, including the Abutting Land, by the Project Completion Date. In the event of any reversion of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reversion, and Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $450,000 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Reserved. 7. City Activities in Aid of Development. A. Site Readiness. Before conveyance of the Property to Company, City will demolish existing structures on the Property, remove all debris thereon, and level the site to grade. B. Payment of Interim Costs. City will reimburse Company for costs incurred by Company to install and set up a portable building for Company's banking operations to be conducted until substantial completion of construction of the new permanent building. The temporary location will be on the "abutting land" portion of the Property. Reimbursable costs include down payment or deposit, monthly rental charges, installation of foundation or slab, delivery and removal, hookup to water, sewer and utilities, other costs to install and setup the facility, and monthly lease charges for furnishings. City will reimburse Company the sum of $52,906.70 (the "Interim Costs Payment"), which the parties agree is a good-faith estimate of the reimbursable costs described above, including approximately eight months of occupancy costs. The parties agree that the Interim Costs Payment is satisfactory for purposes of this Agreement, and each of them waives any right to recoupment, offset, or other damages in the event that actual reimbursable costs are later determined to differ from the Interim Costs Payment. Company will be responsible to arrange for removal of the structure from the temporary location after it begins occupancy of the new building. Company will be responsible to pay, at its own cost and expense, all costs to operate and maintain the temporary facility, including but not limited to utilities, that exceed the Interim Costs Payment. The provisions of this paragraph are intended to supersede and replace Section 22, paragraph D of that certain Real Estate Purchase Agreement between the parties approved by 3 the city council of City on January 30, 2012, and upon execution of this Agreement by the parties said paragraph D shall be deemed terminated. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 4 (b) if to Company, to Iowa Community Credit Union, P.O. Box 750, Waterloo, Iowa, 50704, facsimile number Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word) of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending proviision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of thus Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 5 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA COMMUNITY CREDIT UNION By:_ By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 6 EXHIBIT "A" Legal Description of Property to be Improved Lot 29, except the Northwesterly one and one-half(1%) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the 'Building Site".- Lot ite".Lot 29, except the Northwesterly ninety(90) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. The following portion of the Property is referred to as the 'Abutting Land".- The and".The Northwesterly ninety(90) feet of Lot 29, except the Northwesterly one and one-half(1'/2) feet thereof, in"Auditor's Falls Avenue and Mullan Avenue Plat," in the City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2012, by and among the CITY OF WATERLOO, IOWA ("City"), Iowa Community Credit Union ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $ 450,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements on the Building Site will be substantially completed on or before July 1, 2013 and on the Property as a whole within sixty (60) days thereafter. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020, 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. It may not be modified or amended except by the mutual written agreement of the parties. CITY OF WATERLOO, IOWA By: ATTEST: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk IOWA COMMUNITY CREDIT UNION By: Mark Heth, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On 2012, before me, a Notary Public in and for the State of Iowa, 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 municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument 2 is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on 2012 by Mark Heth as President of Iowa Community Credit Union. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Four Hundred Fifty Thousand Dollars ($ 450,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2012, by Tami McFarland, Assessor for Black Hawk County, Iowa. Notary Public I do solemnly swear that the annexed copy of legal STATE OF IOWA, } City of Waterloo Public Hearing—IA Community Credit Union Black Hawk County SS Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of February, 2012 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $20.94 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 13th day of February,2012,at 5:30 p.m.,in Signed the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hear- ing will be held by the Council of the City i of Waterloo,Iowa,on a proposed Devel- opment Agreement with Iowa Communi- ty Credit Union,f/k/a Watel Credit Union to sell and convey for$1.00 city-owned Subscribed and sworn before me this property generally located at the north- west corner of Jefferson and West Mul- lan Avenue for the construction of a ) 2,500 sq.ft.bank building valued at Day of A.D. 20 1� $450,000.00,legally described as follows: C� P a" , Legal Description of Property to be ry °' i,.. Improved: a GOMMISS( 7€i1 rs� Lot 29,except the Northwesterly one F� �` MY O I SL'v O ;PIFES and one-half(1'/:)feet thereof,in"Audi- P ,C. tor's Falls Avenue and Mullan Avenue Plat,"in the City of Waterloo,Black Hawk County,Iowa. Notary Public The following portion of the Property is referred to as the"Building Site": Lot 29,except the Northwesterly ninety (90)feet therof,in"Auditor's Falls Ave- nue and Mullan Avenue Plat,"in the City of Waterloo,Black Hawk County,Iowa. The following portion of the Property is referred to as the"Abutting Land": The Northwesterly ninety(90)feet of Lot 29,except the Northwesterly one and one-half(1%)feet thereof,in"Auditor's Falls Avenue and Mullan Avenue Plat," the sum of in the City of Waterloo,Black Hawk County,Iowa. AT ybneV iTT9f lnteMstedmay appear at said time and place and be heard or may file written objection with the City Clerk, Dollars. City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 30th day of January,2012. In full for publication of the above notice. Suzy Schares City Clerk