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HomeMy WebLinkAboutCouncil Packet - 3/5/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 5, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 232 0 N C4 00 LO N IT M N COO Cfl (6 Lri LO� 00 a) OO Cfl 1- O .. r r N Q LL V .O C �o, O 04) o x O 44, O � U a x00 ' c H U •� , w � Roll Call. Prayer or Moment of Silence Pledge of Allegiance Daniel Trelka, Chief of Police Agenda, as proposed or amended. Minutes of February 26, 2018, Regular Session, as proposed. ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council monthly report. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 618 Independence Avenue- $3,811.00 Submitted By: Matt Mahler, General Manager 3. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 520 Elm Street- $2,755.00 Submitted By: Matt Mahler, General Manager 4. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Page 2 of 232 Address and amount to certify: 410 Mobile Street- $1,139.48 Submitted By: Matt Mahler, General Manager 5. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 1454 Lyon Avenue- $594.87 Submitted By: Matt Mahler, General Manager 6. Resolution approving Order accepting Acknowledgment/Settlement-Affirmative Defense for Hy-Vee, Inc., 4000 University Avenue, Waterloo, Iowa 50701 for sale of tobacco to minor. Submitted By: David R. Zellhoefer, City Attorney 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 29, 2018 and date of public hearing as April 2, 2018 for the FY 2018 Ansborough Avenue Improvements from US 20 to San Marnan Drive, Contract No. 942, and instruct City Clerk to publish notice. Submitted By: Jeff Bales,Associate Engineer 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 22, 2018 and date of public hearing as March 26, 2018 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and instruct City Clerk to publish notice. Submitted By: Jamie Knutson, PE, Associate Engineer 9. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, May 12th, 2018 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted By: Dave Mohlis, Police Captain 10. Request from Brandon Simon for a variance to the Noise Ordinance on May 5, 2018, 11:00 a.m. to 5:00 p.m. in conjunction with the Urban Cross Grand Prix event, to be held on the National Cattle Congress Fairgrounds. Submitted By: Dave Mohlis, Police Captain B. Motion to approve the following: 1. TRAVEL REQUESTS a. WPD - Sgt. Gehrke, Inv. Berry, Inv. J. Zubak; CFPD - Gerzema Class/Meeting: 2018 Iowa Narcotic Officers Association Conference (INOA) Destination: West Des Moines, IA Dates: March 27-29, Amount not to exceed: $2,470.00 2018 b. Lt. Jennson, Training Officer Class/Meeting: Officer 1 Class Destination: Cedar Rapids, IA Page 3 of 232 Dates: March 9-11 & 23- Amount not to exceed: $280.00 25, 2018 C. Wayne Castle,Associate Engineer Class/Meeting: 2018 Iowa Water Conference Destination: Ames, IA Dates: March 21-22, Amount not to exceed: $355.00 2018 d. Luke Even, Forestry Foreman Class/Meeting: Minnesota Shade Tree Short Course Destination: Arden Hills, MN Dates: March 13-14, Amount not to exceed: $530.00 2018 2. LIQUOR LICENSES a. Tokyo Japanese Steakhouse, 1931 Sears Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 2/13/2019 b. Sycamore Convenience, 617-619 Sycamore Street Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 3/11/2019 C. Ray's Supermarket, 1975 Franklin Street Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 3/2/2019 d. Jim Lind Standard Service, 230 E. Ridgeway Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/6/2019 e. J's R&B Lounge, 501 Independence Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 4/6/2019 f. EI Patron, 301 E. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2019 3. APPOINTMENTS a. Angela Weekley Board/Commission: Community Development Board Page 4 of 232 Expiration Date: 11/2/2018 New Appointment 4. Bonds PUBLIC HEARINGS 2. 2018 Spring Stump Removal Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the 2018 Spring Stump Removal Project bid to Wilson CUstom Tree of Cresco, Iowa, in the amount of $92,490.81, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement. Submitted By: Todd Derifield, City Forester 3. Request by CRF Rentals for a site plan amendment to the "C-P" Planned Commercial District for construction of a 5,184 square foot Commercial building located south of 2911 Southland Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving a site plan amendment on a certain property located south of 2911 Southland Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 4. Request by Michael Crane to vacate a platted 20' utility easement located along the southerly property line for construction of a 192 square foot shed located at 235 Niagara Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Michael Crane to vacate a platted 20' utility easement located along the southerly property line for construction of a 192 square foot shed located at 235 Niagara Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 5. Sale and conveyance of City owned property generally located in the Walnut neighborhood to Iowa Heartland Habitat for Humanity in the amount of $1.00, Page 5 of 232 with a development agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral an written comments. Resolution authorizing sale and conveyance of seven city owned properties generally located within the Walnut Neighborhood, to Iowa Heartland Habitat for Humanity for $1.00, and authorize the Mayor and City Clerk to execute neccessary documents. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 6. Demolition and site clearance services contract for 807 East 4th Street and 809- 811 East 4th Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Community Planning and Development Director. Submitted By: Noel Anderson,Community Planning and Development Director RESOLUTIONS 7. Resolution approving a request by CGA Engineers on behalf of BCS Properties, LLC for the final plat of Village West 2nd Addition, a three lot commercial subdivision, located at the northeast corner of Highway 63 and West Ridgeway Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving Development Agreement with CRF Rentals, LLC for the development of a 5,000 square foot commercial building with a value no less than $282,000, offering property tax rebates of year one through year three for 70% and year four through year seven for 65%, and authorize Mayor to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving Funding Agreement with the Black Hawk County Gaming Association for a $750,000 match for University Avenue Reconstruction Enhancements and authorize Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 10. Resolution approving an agreement with Black Hawk County for improvements to Donald Street and Elk Run Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Eric Thorson, PE, City Engineer 11. Resolution approving submission of grant application for a Diesel Emissions Reduction Grant (DERA) to replace one (1) 2005 International Harvester D466 Garbage Truck's outdated Tier 2 Emissions with a Tier 4 2018 Emissions. Submitted By: Sandie Greco, Interim Public Works Director Page 6 of 232 12. Resolution approving award of hotel/motel mini tax grant to the Cedar Falls Lion's Club in the amount of$1,950. Submitted By: Tavis Hall, Executive Director Waterloo Convention &Visitors Bureau 13. Resolution approving Federal Regulation Procurement Requirements for FEMA projects. Submitted By: Michelle Weidner, Chief Financial Officer OTHER COUNCIL BUSINESS 14. Motion to rescind the action taken by this Council on 2/5/18 regarding item 1.B.4 (Recommendation of Appointment of Jonathan Oehlerich from Civil Service list to Position of Garage Mechanic at Public Works, effective 2/7/18). Submitted By: Pat Morrissey, Ward 3 Council Member ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Waste Management Services Department on the notice of the conclusion of employment for Dan VanEe, Operator I, effective January 31, 2018 with recommendation of approval of payout of$7,759.02 for unused benefits. Page 7 of 232 CITY OF WATERLOO Council Communication Minutes of February 26, 2018, Regular Session, as proposed. City Council Meeting: 3/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/27/2018 - 11:57 AM ATTACHMENTS: Description Type ❑ Minutes of 2/26/18. Backup Material Submitted by: Submitted By: Page 8 of 232 February 26,2018 The Council of the City of Waterloo,Iowa,met in Regular Session at Harold E.Getty Council Chambers, Waterloo,Iowa,at 5:30 p.m.,on Monday,February 26,2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Shimp,Klein,Amos,Schmitt,and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos,Jr.,Ward 4 Councilperson. 146577- Juon/Schmitt that the Agenda,as amended by deleting item 13,for the Regular Session on Monday,February 26, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mr.Morrissey stated that a vote taken on February 5,2018,consent agenda item 1.B.4,broke both the city code and parliamentary rules and should be deemed out of order. He further stated per the parliamentary rules,the Mayor is to make a decision at this time. Mayor Hart stated he would not make a decision at this time. Mr.Morrissey asked for an appeal. Mayor Hart denied the appeal. Mr.Morrissey requested that the minutes reflect that his request for an appeal was denied. 146578- Juon/Schmitt that the Minutes,as proposed,for the Regular Session on Monday,February 19,2018,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Bruce W.Kaesser, 106 E. Yo Street,requested support to eliminate gun violence in the state of Iowa by increasing the penalty for assailants. David Dryer,3145 W.4`'Street,requested an update on the proposed Ridgeway improvements and if the public will be able to provide input. Wayne Nathem,548 Cloverdale,commented that Mr.Kaesser was a victim of gun violence. Jim Chapman,224 Bertch,stated that he read in the paper that Hy-Vee on University Avenue is closing and questioned if it is planned to have any new development in the area. John Sherbon, 1715 Robin Road,commented that asphalt is all over Ansborough Avenue from where city staff put down asphalt and questioned if the city could use a different process for patching holes in pavement. Charlotte Kinney, 1127 Bourland,spoke about all of the great resources at the Waterloo Public Library and asked the council to maintain its budget. Josh Powers,5721 Blue Sage Road,spoke about comparable homes in Cedar Falls and Waterloo and questioned what the tax levy rate would be if home values throughout Waterloo were raised by 540,000. Mayor Hart requested Mr.Powers contact him on Wednesday. Mr.Morrissey read a statement regarding the failure of the council to approve the appointment of John Oehlerich and the use of cell phones in council chambers. He explained his intent to make a motion at the March 5,2018 council meeting to rescind the action taken by council on February 5, 2018,regarding item 1.B.4,the recommendation of appointment of John Oehlerich. Mrs.Klein requested the council respect each other and their individual votes. She further requested that council give relief from the harassment she is receiving following her vote. Page 9 of 232 February 26,2018 Page 2 146579- Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146580- Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee invoice Summary Report,dated February 26, 2018,in the amount of$1,237,285.91 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.2018-109. 2. Request from Amy O'Brien and Jill Sires for a variance to the Noise Ordinance on September 22,2018,from 3:00 p.m.to 11:00 p.m.in conjunction with the Rock the Look event,to be held on Jefferson Street between 5th and 6th Streets,including a band,PA system and the use of city barricades. Resolution adopted and upon approval by Mayor assigned No.2018-110. b. Motion to approve the following: 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Spencer Jensen, Returning Artwork Mahwah, March 7-12, $1,715 Facilities Specialist New Jersey 2018 b. Chris Ferguson,Fire Arson K-9 Evansville, June 4-8, $1,025 Marshal Recertification Indiana 2018 c. Pat Treloar,Fire Chief Labor-Management Denver, April 4-6, $2,100 Alliance- Colorado 2018 Conference/Workshop d. Paul Huting,Leisure Iowa Park and Coralville, March 26- $529.60 Services Director Recreation Association Iowa 29,2018 Conference e. LeAnn M.Even, Iowa Municipal Finance Des Moines, April 19-20, $386 Deputy City Clerk Officers Association Iowa 2018 Spring Conference 2• Approved Beer,Liquor,and Wine Applications Name&Address of Business Class New or Expiration Includes Renewal Date Sunda a. Hampton Inn,2034 LaPorte Special C Liquor Renewal 1/31/2019 x Road b. Legends Sports Grill, 118 C Liquor Renewal 1/21/2019 x Commercial Street w/Outdoor Service 3. Cigarette/Tobacco Permit New Application for Mama's Kitchen,4335 Texas Street. 4. Bonds. Roll call vote-Ayes: Seven. Motion carried. Page 10 of 232 February 26,2018 Page 3 PUBLIC HEARINGS 146581 - Schmitt/Amos that proof of publication of notice of public hearing on General Obligation Bonds-ECP-1 -The issuance of not to exceed $11,500,000 in General Obligation Bonds for essential corporate purposes, as published in the Waterloo Courier on February 20,2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Michelle Weidner,Chief Financial Officer,provided an overview of the action. This being the time and place of public hearing,the Mayor called for written and oral comments. John Sherbon, 1715 Robin Road,questioned why the city is financing vehicles and other smaller items and commented that the city should use reserves for smaller items. David Dreyer,3145 W.4 t Street,questioned if the debt is ever paid off or just refinanced. 146582- Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146583- Schmitt/Amos that "Resolution authorizing the issuance of not to exceed $11,500,000 General Obligation Bonds, and levying a tax for the payment thereof', be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned what the new debt service levy would be if the bonds are issued. Michelle Weidner explained that the debt service levy is still being worked through and it is likely to be slightly lower than the published rate of 3.09. She also explained that the city's debt is projected to decline this year and that vehicles and other equipment are paid at an accelerated rate. Resolution adopted and upon approval by Mayor assigned No.2018-111. 146584- Morrissey/Shimp that proof of publication of notice of public hearing on Adoption of the FY 2019-2023 Capital hnprovements Program for the City of Waterloo, as published in the Waterloo Courier on February 20,2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146585- Morrissey/Shimp that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146586- Morrissey/Shimp that"Resolution adopting the FY 2019-2023 Capital Improvements Program",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned the process for replacing trees for the Ash Tree Removal Program. Paul Huting, Leisure Services Director, explained that the tree replacement will be a long term project and that the majority of the funds requested will be for tree removal. Mr. Schmitt questioned if the city is using a variety of trees to replace the Ash Trees. Page 11 of 232 February 26,2018 Page 4 Paul Fluting confirmed and noted that the city participates in a program called Plant Some Shade with MidAmerican Energy that allows individuals to purchase trees at a reduced price. Mr. Jacobs requested clarification on the vote and whether the vote is to move forward or actually approving the individual line items. Mayor Hart explained the model changes regularly and he would make sure that any updates are provided to council. Resolution adopted and upon approval by Mayor assigned No.2019-112. 146587- Shimp/Amos that proof of publication of notice of public hearing on Property Exchange Agreement with the Waterloo Community School District for the sale and conveyance of city owned property(southern 10 acres of Miriam Park) and acquisition of the former Edison School site, as published in the Waterloo Courier on February 16, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146588- Shimp/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146589- Shimp/Amos that"Resolution approving the Exchange Agreement with the Waterloo Community School District for the sale and conveyance of City owned property (southerly 10 acres of Miriam Park) and acquisition of the former Edison School site", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp requested an overview of the item. Noel Anderson, Community Planning and Development Director, explained the terms of the agreement. Resolution adopted and upon approval by Mayor assigned No.2018-113. 146590- Schmitt/Amos that proof of publication of notice of public hearing on Exchange Agreement and Assignment of Real Estate Contract with L &H Farms, Ltd. for the acquisition of property in Black Hawk County for exchange of property in the San Maman TIF District in the amount of$364,117 for 9.54 acres, and up to $10,000 in closing costs, as published in the Waterloo Courier on February 16, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for oral comments. Noel Anderson provided an overview of the item. David Dryer, 3145 W. 4 t Street, commented that he believes that the city should not pay $38,000 per acre for land and commented that the city continues to purchase land and development is not coming to the city. Forest Dillavou, 1725 Huntington Road,commented on land acquisitions,TIF funds and taxes. 146591 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 12 of 232 February 26,2018 Page 5 146592- Schmitt/Amos that"Resolution approving the Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd. for the acquisition of 9.54 acres of land in Black Hawk County for the sum of $364,117, and up to $10,000 in closing costs, in exchange for property in the San Matnan TIF District",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned how many more acquisitions will take place this year and when can funds be disbursed from the San Marnan TIF. Noel Anderson explained that three to four additional acquisitions will need to be made to move forward, and that TIF district funds are currently being used to pay the debt service to help keep the levy down and help pay for public safety. Mr. Skimp questioned what would happen if the item were voted down. Noel.Anderson explained that the city would be in breach of contract. Mrs.Klein questioned why council is required to cast vote,when voting no is not an option. Mark Rollinger,Attorney for L&H Farms,explained the terms of the agreement. Mrs.Juon questioned the process if the agreement was entered into 8 years ago. Noel Anderson explained that though the Master Plan was entered into with years ago, a series of exchange agreements over time are necessary and state code mandates that the city must hold a hearing each time property is sold though one of these transactions. Mrs. Klein expressed her frustration with the council agendas and feels some votes are predetermined leaving no room for opposition. Mayor Hart commented that he would do everything he could to supply answers to any questions to make council members feel more comfortable and explained the city's obligation to fulfil the state code. Mrs. Klein commented that she does support the item, but objects to an agenda that requires a yes vote. Mark Rollinger explained the process of the agreement and the efforts that he and L&H Farms have made to work within the city's timeline that makes best fiscal sense for the city of Waterloo. He further explained that council is not bound to a yes vote but in doing so, it shows continued cooperation to see this agreement to its end. Mr.Jacobs commented that often times he hears that the city lost a development opportunity because the city does not have a turnkey lot. He explained that the item is an opportunity to work toward job creation. 146593- Jacobs/Juon To call the question. Roll call-vote: Ayes: Five. Nays: Two (Morrissey and Shimp). Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-114. RESOLUTIONS 146594- Morrissey/Amos that"Resolution approving the Iowa Certified Local Government 2017 Annual Report and authorize the Mayor and Planning Staff to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-115. Page 13 of 232 February 26,2018 Page 6 146595- Morrissey/Amos that"Resolution approving Amendment to the Development Agreement with Cardinal Construction of Waterloo,Iowa,approved August 7,2017,for the property to be platted as Brock Third Addition, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-116. 146596- Morrissey/Amos that "Resolution approving an agreement with the Waterloo Water Works for water main replacements, in conjunction with FY 2018 Street Reconstruction Program, Contract No. 944, and authorize the Mayor and City Clerk to execute said document', be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-117. 146597- Amos/Morissey that "Resolution approving an agreement with the Waterloo Water Works for water main replacements in conjunction with FY 2018 University Avenue Reconstruction Phase 1 - Greenhill Road to Evergreen Avenue, Contract No. 933, and authorize the Mayor and City Clerk to execute said document',be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-118. 146599- Amos/Morrissey that "Resolution approving Facility Plan and the Intended Use Plan application (IUP) for funding from the State Revolving Fund in conjunction with FY 2019 Sanitary Sewer Gatewell Repairs, Contract No. 951 and authorize the Mayor to execute said document', be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-119. 146599- Amos/1Vlorrissey that"Resolution affirming support of the State Historic Tax Credit Program", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Deeds,922 Mulberry,provided an overview of the item. Mr. Morrissey questioned if this item passes, should the resolution include wording that a copy be sent to State representatives. 146600- Shimp/Morrissey To add language that the item be sent to State representatives.Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-120. ORDINANCES 146601 - Shimp/Morrissey that "an Ordinance amending the 2008 Traffic Code, Section 549 - Loading Zones, by deleting subsection(I la)Northeast side in the 200 block of Prospect Blvd.for 164 feet in front of the School, with a five (5) minute limit', be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Sandie Greco,Interim Public Works Director,provided an overview of the ordinance. Page 14 of 232 February 26,2018 Page 7 146602- Shimp/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146603- Shimp/Morrissey that "an Ordinance amending the 2008 Traffic Code, Section 549 - Loading Zones, by deleting subsection(11 a)Northeast side in the 200 block of Prospect Blvd.for 164 feet in front of the School, with a five (5)minute limit", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5442. ADJOURNMENT 146604- Morrissey/Skimp that the Council adjourn at 6:39 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 232 CITY OF WATERLOO Council Communication Mayor and Council monthly report. City Council Meeting: 3/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Felchle, Kelley Approved 2/28/2018 - 10:02 AM Page 16 of 232 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 618 Independence Avenue - $3,811.00 City Council Meeting: 3/5/2018 Prepared: 2/21/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 2/21/2018 - 3:11 PM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:29 PM ATTACHMENTS: Description Type a February 20, 2018, 2018 Board action assessment letter Cover Memo - 618 Independence Ave Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval bY the SUBJECT: Waterloo Water Works Board of Trustees: Address and amount to certify: 618 Independence Avenue- $3,811.00 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 17 of 232 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 ` TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER February 21, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Tuesday, February 20, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of$3,811.00, which is supported by invoice from Frickson Backhoe & Trucking d/b/a R Company, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 618 Independence Avenue, which is located on the West Forty (40) Feet of Lot No. Four (4), Block No. One (1) in Zollinger's Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Betty Lou Chambers. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 18 of 232 Page 2 It was moved by Welper, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Welper. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 19 of 232 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 520 Elm Street- $2,755.00 City Council Meeting: 3/5/2018 Prepared: 2/21/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 2/21/2018 - 3:22 PM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:29 PM ATTACHMENTS: Description Type a February 20, 2018, 2018 Board action assessment letter Cover Memo - 520 Elm Street Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval bY the SUBJECT: Waterloo Water Works Board of Trustees: Address and amount to certify: 520 Elm Street- $2,755.00 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 20 of 232 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET - P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATER1..00,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER February 21, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Tuesday, February 20, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $2,755.00, which is supported by invoice from Frickson Backhoe & Trucking d/b/a R Company, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 520 Elm Street, which is located on the South Thirty-five (35) feet of the North One Hundred (100) feet of Lot No. Four (4) and the South Thirty-five (35) feet of the North One Hundred (100) feet of the West Twenty (20) feet of Lot No. Three (3), in Block No. Seven (7) in Lane and Fowlers Addition to Waterloo, East Side of Cedar River, Black Hawk County, Iowa, and owned by Dorothy Spates. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 21 of 232 Page 2 It was moved by Welper, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Welper. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 22 of 232 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 410 Mobile Street- $1,139.48 City Council Meeting: 3/5/2018 Prepared: 2/21/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 2/21/2018 - 3:32 PM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:29 PM ATTACHMENTS: Description Type a February 20, 2018, 2018 Board action assessment letter Cover Memo - 410 Mobile Street Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval bY the SUBJECT: Waterloo Water Works Board of Trustees: Address and amount to certify: 410 Mobile Street- $1,139.48 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 23 of 232 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER February 21, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Tuesday, February 20, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $1,139.48, which is supported by invoice from Frickson Bros. Excavating and the Waterloo Water Works, showing the work necessary to terminate the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 410 Mobile Street, which is located on the North 24 feet of Lot 1 and the North 24 feet of the West 18Y2 feet of Lot No. 2 in G. Robinson's Addition, Waterloo, Iowa, Black Hawk County, and owned by Maxine Scott. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the service line, the Waterloo Water Works caused the service line to be terminated and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 24 of 232 Page 2 It was moved by Welper, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Welper. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 25 of 232 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 1454 Lyon Avenue- $594.87 City Council Meeting: 3/5/2018 Prepared: 2/21/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 2/21/2018 - 3:58 PM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:30 PM ATTACHMENTS: Description Type a February 20, 2018, 2018 Board action assessment letter Cover Memo - 1454 Lyon Avenue Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval bY the SUBJECT: Waterloo Water Works Board of Trustees: Address and amount to certify: 1454 Lyon Avenue- $594.87 r Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 26 of 232 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER February 21, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Tuesday, February 20, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $594.87, which is supported by invoice from Gardner Plumbing and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 1454 Lyon Avenue, which is located on Lot No. Eighteen (18) in Block No. One (1) in Security Addition, in the City of Waterloo, Black Hawk County, Iowa and owned by Rebecca L. Gissel. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 27 of 232 Page 2 It was moved by Welper, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Welper. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 28 of 232 CITY OF WATERLOO Council Communication Resolution approving Order accepting Acknowledgment/Settlement-Affinnative Defense for Hy-Vee, Inc., 4000 University Avenue, Waterloo, Iowa 50701 for sale of tobacco to minor. City Council Meeting: 3/5/2018 Prepared: 2/22/2018 REVIEWERS: Department Reviewer Action Date Legal Higby, Nancy Approved 2/27/2018 - 1:31 PM ATTACHMENTS: Description Type Resolution approving Order accepting Acknowledgment/Settlement- SUBJECT: Affirmative Defense for Hy-Vee. Inc., 4000 University Avenue, Waterloo, Iowa 50701 for sale of tobacco to minor. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Recommended Action: Approve Acknowledgment/Settlement-Affirmative Defense and authorize Mayor and City Clerk to execute Order. The Alcohol and Tobacco people have an online course for employees to obtain a certificate showing their completion of a Retailer Training Program. Any entity may use this Affirmative Defense once every four(4)years. Summary Statement: There is no penalty and this does not count as a violation. It is a free pass to some degree. This Clerk had taken and completed the training before she sold to a minor, therefore, Hy-Vee is asking to use their affirmative defense which is within their right to do so. They have not used this in the last four (4)years, or even longer. Page 29 of 232 i x IN RE: r HY-VEE, INC ACKNOWLEDGMENT/ 4000 UNIVERSITY AVENUE SETTLEMENT AGREEMENT- ' WATERLOO, IOWA 50701 AFFIRMATIVE DEFENSE f I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and f correct. I (we)hereby assert the affirmative defense. Employee received training in the program i authorized by the Alcoholic Beverages Division, a copy of which is attached hereto, and made a j part hereof by this reference. This affirmative defense can only be asserted once by the S undersigned retailer at this retail location in a four-year period. There will be no civil penalty assessed with the affirmative defense. This Settlement Agreement shall be approved by the City Council and copies forwarded to the Attorney General's Office, Alcoholic Beverages Division and Retailer. The above-captioned permit holder hereby waives all jurisdictional claims. i Andrea M. Smook, Asst. Gen. Counsel Date: NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign. this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT-AFFIRMATIVE DEFENSE and waive your appearance at a hearing, return this document, properly signed and dated, and return to; David R. Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Page 30 of 232 CD Oa O n CD Q) b b co b � � O „` On UK) CZ) 1. Page 31 of 232 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 29, 2018 and date of public hearing as April 2, 2018 for the FY 2018 Ansborough Avenue Improvements from US 20 to San Marnan Drive, Contract No. 942, and instruct City Clerk to publish notice. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 2/28/2018 - 3:03 PM Clerk Office Even, LeAnn Approved 2/28/2018 - 4:22 PM ATTACHMENTS: Description Type D Notice to Bidders Backup Material Resolution approving preliminar,�plans, specifications, form of contract, etc., setting date of bid opening as March 29. 2018 and date of public hearing SUBJECT: as April 2, 2018 for the FY 2018 Ansborough Avenue Improvements from US 20 to San Martian Drive, Contract No. 942, and instruct City Clerk to publish notice. Submitted by: Submitted By: Jeff Bales,Associate Engineer Summary Statement: Plans prepared by the Ament. Expenditure Required: TBD Source of Funds: TIF GO Bonds Page 32 of 232 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2018 ANSBOROUGH AVENUE IMPROVEMENTS FROM U.S. 20 TO SAN MARNAN DRIVE CITY CONTRACT NO. 942 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the twenty-ninth (29th) day of March 2018 until 1:00 p.m. for the construction of the FY 2018 ANSBOROUGH AVENUE IMPROVEMENTS FROM U.S. 20 TO SAN MARNAN DRIVE, CITY CONTRACT NO. 942, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the twenty-ninth (29th) day of March 2018, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on April 2nd, 2018 said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of certain streets, avenues, roads, and alleys, and such other work as may be incidental thereto along and upon the following streets, avenues, roads and alleys. Street improvements consisting of: DIVISION I: The extent of work involved is the widening of Ansborough Avenue between US Highway 20 and San Marnan Drive and associated improvements. DIVISION II: The extent of work involved is the construction of a recreational trail along the north side of San Marnan Drive west of Ansborough Avenue. NOTICE TO BIDDERS CITY CONTRACT NO. 942 NTBTRW 33 of 232 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed within sixty (60) working days. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo Engineering Department, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the Engineering Department on the second floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City_to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. NOTICE TO BIDDERS CITY CONTRACT NO. 942 NTBTRW 34 of 232 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. NOTICE TO BIDDERS CITY CONTRACT NO. 942 NTB-?@W 35 of 232 MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. NOTICE TO BIDDERS CITY CONTRACT NO. 942 NTB-]?@W 36 of 232 PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CITY CONTRACT NO. 942 NTB-?@W37 of 232 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 22, 2018 and date of public hearing as March 26, 2018 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and instruct City Clerk to publish notice. City Council Meeting: 3/5/2018 Prepared: 2/27/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 2/27/2018 - 11:54 AM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:35 PM ATTACHMENTS: Description Type ❑ Cont 943 street list Cover Mem Resolution approving preliminar,�plans, specifications, form of contract. SUBJECT: etc., setting date of bid opening as March 22. 2018 and date of public hearing as March 26, 2018 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and instruct City Clerk to publish notice. Submitted by: Submitted By: Jamie Knutson, PE, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Street list is attached. Expenditure Required: TBD Source of Funds: Local Option Sales Tax Funds Page 38 of 232 FY 2018 ASPHALT OVERLAY PROGRAM STREET FROM TO Fletcher Ave. Sergeant Rd. Black Hawk Rd. Grant Ave. 5th St., W. 4th St., W. Hackett Rd., S. Greenhill Rd. 370' south of Sager Ave. Idaho St. Dubuque Rd. Independence Ave. Idaho St. Independence Ave. MLK Jr. Dr. Olympic North Olympic Dr. Ridgemont Rd. St. Francis Dr. Ravenwood Rd. 633' South Texas St. San Marnan Dr., E. 723' South Wilbur Ave. Janney Ave. Falls Ave. Page 39 of 232 CITY OF WATERLOO Council Communication Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, May 12th, 2018 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor& Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. City Council Meeting: 3/5/2018 Prepared: 2/22/2018 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 2/22/2018 - 3:30 PM Clerk Office Higby, Nancy Approved 2/27/2018 - 1:34 PM ATTACHMENTS: Description Type D JohnDeere5KRequest Cover Memo Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, May 12th, 2018 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor& Engine Museum, located SUBJECT: at 500 Westfield Ave.. with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request This is an annual event which is going to highlight John Deere and the Summary Statement: Tractor Mus cum in downtown Waterloo. The route requires minimal traffic control and the committee has agreed to pay up to $500 for intersection control at the problematic intersections. Expenditure Required: Cost associated with placing and retrieving barricades and traffic control cost if it exceeds the $500. Source of Funds: General and Event Organizer Policy Issue: None Page 40 of 232 JOHN DEERE John Deere 400 Westfield Ave Waterloo, Iowa 50704 Phone: 319-292-4262 E-mail: FuesselErikC@JohnDeere.com Erik C Fuessel Occupational Safety Analyst 21 February 2018 Captain Joe Leibold Waterloo Police Captain 715 Mulberry Street Waterloo, IA 50702 Captain Leibold, The John Deere Waterloo Operations 5K committee would like to hold our annual event at the John Deere Tractor & Engine Museum; 500 Westfield Ave, Waterloo, IA 50701. We have hosted successful 5K run/walks at our Engine Works and Tractor Cab and Assembly Operations facilities the past several years for our employees and the Cedar Valley community, the most recent 5K was at the Tractor Museum this past September. A course map is attached for you review. The route is a 5K (3.1 mile) loop starting and finishing in the John Deere Tractor & Engine Museum parking lot. The proposed start time is Saturday May 121h at 7:00am with a Kid's race then 8:00am for the 5K Turn by turn directions: Clockwise • Start at JD Museum north parking lot entrance • Turn left (south) on to Commercial St. • Turn right (west) on to Westfield Ave. • Turn right (northeast) on to River Rd (intersection of Westfield Ave./W. Conger St. and Ansborough Ave./River Rd.) • Continue straight (southeast) on River Rd. • At the intersection of River Rd./W. Commercial St. turn right (southwest) on to Commercial St. • Finish at JD Museum north parking lot entrance. We recognize the need for police support on this course and would like your input and recommendations. Our suggestions for police support and John Deere barricades/volunteers are listed below. Police support intersections: • Westfield Ave./W. Conger St. and Ansborough Ave./River Rd. • W. Commercial St. and River Rd Barricade and a volunteer intersections: • Westfield Ave. and W Commercial St. • Westfield Ave. and Fletcher Ave. • River Rd. and W. Commercial St. We also propose a volunteer water table on River Rd. just before the two-mile mark; there is a driveway into the Drive Train Operations there. Thank you for your time and consideration. We look forward to hearing from you and planning a successful and safe race. Page 41 of 232 JOHN DEERE Proposed course: e M" w M r^" u hf" r .Start and finish at the back of the museum Police Presence JD entrances needing security or volunteers /JD barricade E) JD 5K Race Parking Hotel and apartments (will not be interfered with) Water Station Page 42 of 232 CITY OF WATERLOO Council Communication Request from Brandon Simon for a variance to the Noise Ordinance on May 5, 2018, 11:00 a.m. to 5:00 p.m. in conjunction with the Urban Cross Grand Prix event, to be held on the National Cattle Congress F airgrounds. City Council Meeting: 3/5/2018 Prepared: 2/27/2018 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 2/27/2018 - 3:51 PM Request from Brandon Simon for a variance to the Noise Ordinance on May SUBJECT: 5, 2018, 11:00 a.m. to 5:00 p.m. in conjunction with the Urban Cross Grand Prix event, to be held on the National Cattle Congress Fairgrounds. Submitted by: Submitted By: Dave Mohlis, Police Captain Page 43 of 232 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Brandon Simon APPLICANT'S ADDRESS: 5711 Daisy Dr. APPLICANT'S PHONE#: 319-404-7589 ANTICIPATED DATE OF VARIANCE: 5/5/18 NAME OF EVENT: UrbanCross Grand Prix TIMES OF DAY OF VARIANCE. Ilam-Spm GEOGRAPHICAL LOCATION OF VARIANCE: National Cattle Congress Fairgrounds DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 3/8mi to homes located on the south side of HWY 218, .5mi+to homes near proposed course addition PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM,ETC. This will be our 3rd annual Urbancross event. A hybrid motocross / off-road motorcycle event located at the National Cattle Congress Fairgrounds in Waterloo using existing race course with proposed addition on NCC Property north of Cedar River dike. Motorcycle(with mandatory exhaust muffler systems)may exceed the noise ordinance. Applicant's Signature ;/ 1 )Z/ Z Date CITY COUNCIL ACTION: Police Dept. Recommendation l APPROVAL: APPROVAL:�� _ DENIAL: DENIAL: DECIBEL LEVEL: C,{bc, CITY OF WATERLOO Council Communication Bonds City Council Meeting: 3/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 2/28/2018 - 11:02 AM ATTACHMENTS: Description Type D Bonds for Council Approval 3/5/18 Cover Memo SUBJECT: Bonds Page 44 of 232 BONDS FOR COUNCIL APPROVAL MARCH 5, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA594686 BURT CONSTRUCTION WATERLOO, IA SY94037 COMMUNICATION DATA LINK LLC GRIMES, IA IA 573467 EARNEST BENNETT WATERLOO, IA IA 600834 GREAT PROPERTIES LLC WATERLOO, IA TE9079 PETERSON CONTRACTORS, INC. REINBECK, IA IA 570219 SAMMY DANIELS dba WATERLOO, IA DANIELS HOME IMPROVEMENT& CONSTRUCTION IA 600893 WL WELDING & UNDERGROUND LLC CEDAR FALLS, IA Page 45 of 232 CITY OF WATERLOO , IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo,JA 50703 • (319)291-4327 Fax(319)291-4286 • February 28, 2018 Mayor Quentin Hart and City Council Members City Hall Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on February 28, 2018. Of the 7 bonds submitted, / were approved and were rejected, as shown on the attached list. Very truly yours, Da "*R. Zellhoe/er Waterloo City Attorney DRZ:sda CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL MARCH 5, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA594686 BURT CONSTRUCTION WATERLOO, IA SY94037 COMMUNICATION DATA LINK LLC GRIMES, IA IA 573467 EARNEST BENNETT WATERLOO, IA IA 600834 GREAT PROPERTIES LLC WATERLOO, IA TE9079 PETERSON CONTRACTORS, INC. REINBECK, IA IA 570219 SAMMY DANIELS dba WATERLOO, IA DANIELS HOME IMPROVEMENT& CONSTRUCTION SIA 600893 WL WELDING & UNDERGROUND LLC CEDAR FALLS, IA -7 �- ll &`,, RIGHT OF WAY CONSTRUCTION BOND No. IA 594686 Applicant's Telephone Number: KNOW ALL MEN BY THESE PRESENTS: That (I), (We), BURT CONSTRUCTION of 1015 MOBILE STREET WATERLOO Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) Of P.O.Box 14498 Des Moines IA 50306-3498 , as Surely, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15.000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above boundenBURT CONSTRUCTION of WATERLOO,IA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1,2018 , through April 30, 2019 Witness our hands this 1st day of February 2018 BURT CONSTRUCTION PRINCIPAL PLEASE MAIL TO: By: - City of Waterloo, Iowa Engineering Department Printed Name: 715 Mulberry Street Waterloo, IA 50703 r Merchants Bonding Company(Mutual) SURETY T, x By: . Attorney-in-fact y William Warner Jr.,Attorney-in-Fact Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA(2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY THERE MAY SE OTHER ITEMS REQUIRED BY THE SURETY, WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: the correct local telephone number of the principal is included; the typewritten name of the principal is the same as the name on the signature line; A the bond is signed by the principal; the correct address for the principal is included; surety's address is correct; beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); v, the attached power-of-attorney must be effective prior to, or on, the date the bond is issued: attorney-In-fact signing the right-of-way construction bond is listed on the power-of-attorney; and v, name of attorney-in-fact is typed under the signature line; once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval betore any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, William W.Warner Jr. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and ;;ndertakings,- _cog..izances,contracts of indemnity and ether writings obligatory in the nature thereof" "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of February 2018 0 NqCq*-.* �.•�p�R• ��CM3 'R�"(},Q f'�V*a MERCHANTS BONDING COMPANY(MUTUAL) •,.y: . ,' '�.� �.c. MERCHANTS NATIONAL BONDING, INC. v 2003 .1�0 � y' 1933 By �•••�'•' • .� �� •tet' h� ** PYBSICtellt STATE OF IOWA •`"""'"��� *`*'#'` COUNTY OF DALLAS ss. On this this 1st day of February 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directcr ALICIA K.GRAM Commission Number 707430 My Commission Expires �. April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of February 2018 . *•'P•110 Nq 4••.• ��•D�P0lriq•6'p: ;�QtiiP(Iq' .9y. cr' -o- -o- �'. 2003 ?sz; 1933Secretary POA 0018 (3/17) #*** RIGHT OF WAY CONSTRUCTION BOND No. SY94037 Applicant's Telephone Number: 515-224-9544 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Communication Data Link LLC of 1305 SW 37th Street Grimes Iowa 50111 Street City State as Principal, and IMT Insurance Company of 4445 Corporate Drive, West Des Moines, IA 50266 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Communication Data Link LLC of 1305 SW 37th Street, Grimes, IA 50111 will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond isFebruary 13, 2018, through April 30, 2019 Witness our hands this 13th day of February 2013 Communication Data Link LLC PRINCIPAL PLEASE MAIL TO: By: City of Waterloo, Iowa Engineering Department Printed Name: ''' a,. T 715 Mulberry Street Waterloo, IA 50703 IMT Insurance Company SURETY By: . Attorney-in-fact Jill Shaffer Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. IMTt. INSURANCE POWER OF ATTORNEY Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Jeffrey R.Baker,Nancy D.Baltutat,Patrick K.Duff,Mark E.Keairnes, Greg T.LaMair,Joseph I. Schmit,Christopher R. Seiberling, and Jill Shaffer of West Des Moines and State of Iowa its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- takings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: *****Unlimited Amounts***** and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company,and all such acts of said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of IMT Insurance Company on December 18, 1998. ARTICLE VIII, SECTION 4. -The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws.Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof,IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 13th day of February 2018 •a,,.. ^��, IMT Insurance Company ,'ate • „%, ON Sean Kennedy,President 6 STATE OF IOWA ss: '"^"-"`� COUNTY OF POLK f^1T 1 On this 13th day of February 2018 before me appeared Sean Kennedy,to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by,authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year first above written. ,4 F SETH CARY F COMMISSION NO.783920 u ° S Notary Public,Polk County,Iowa CERTIFICATE I,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on 13th day of February 2018 r....-M—....• as •1�v.^`' ^!moi �`:•'n'` /moi•. r Dalene Holland,Secretary ^,.. ^ :� SY 06 06(12117) j^K 1 RIGHT OF WAY CONSTRUCTION BOND No. IA 573467 Applicant's Telephone Number: KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Earnest Bennett of 710 Sherman Waterloo Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) of P.O.Box 14498 Des Moines IA 50306-3498 , as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Earnest Bennett of Waterloo, IA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective dale of this Bond is April 30,2018 , through April 30, 2019 Witness our hands this 15th clay of February 2418 Earnest Bennett PRINCIPAL PLEASE MAIL TO: By: 60 City of Waterloo, Iowa Engineering Department Printed Name: Earnest Bennett 715 Mulberry Street "c� ., Waterloo, IA 50703 •` r p0 y Merchants Bonding Company(Mutual) SURETY By; .- '• °" Attorney-in-fact William Warner Jr.,Attorney-in-Fact Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA (2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY, WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM, PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: d the correct local telephone number of the principal is included; v the typewritten name of the principal is the same as the name on the signature line; v the bond is signed by the principal. e v the correct address for the principal is included; v surety's address is correct; v beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); v the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-in-fact signing the right-of-way construction bond is listed on the power-of-attorney; and d name of attorney-in-fact is typed under the signature line; v once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. IA 573467 MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, William W.Warner Jr. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of February 2018 ��rrn rr rrr� ••.... POR 'p�•'Rpp�,'•'�y•� MERCHANTS BONDING COMPANY(MUTUAL) 'J0 9a.��• MERCHANTS NATIONAL BONDING, INC. 07 v'. 2003 `� •Q' 1933 c: By �''' •.. + 'J••.` •.;'!y ��•• President STATE OF IOWA •,��'"""'''� �'"'•' COUNTY OF DALLAS ss. On this this 15th day of February 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ti , ALICIA K.GRAM v Commission Number 767430 My Commission Expires /CWT- April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of February 2018 �.......".0 ................• .••�aP(\O.Nq •6i•. *�a*•O* P 0!lJA A. �j',� y .:pRPORq•.O'; as . R Oh'q':'s'y•. l'�' s=ue' 2003 0 1933 0:c• Secretary .ya. ;d�• .•�� S '.ted%; .. POA 0018 (3/17) """"'• RIGHT OF WAY CONSTRUCTION BOND No IA 600834 Applicant's Telephone Number: ( KNOW ALL MEN BY THESE PRESENTS: That (1), (We), GREAT PROPERTIES LLC of 1610 E.RIDGEWAY WATERLOO Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) Of P.O.Box 14498 Des Moines IA 50306-3498 , as Surely, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above boundenGREAT PROPERTIES LLC of WATERLOO, IA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1,2018 , through April 30, 2019 Witness our hands this Ist day of February 2018 GREAT PROPERTIES LLC PRINC AL PLEASE MAIL TO: _ By: City of Waterloo, Iowa , Engineering Department Printed Name: 715 Mulberry Streetk Waterloo, IA 501703 �° � P i'j Merchants Bonding Company(Mutual) SURETY Attorney-y William Warner Jr.,Attorney-in-Fact Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA(2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY. THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY, WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM, PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: e the correct local telephone number of the principal is included; d the typewritten name of the principal is the same as the name on the signature line; d the bond is signed by the principal; v the correct address for the principal is included; e surety's address is correct; d beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); d the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-In-fact signing the right-of-way construction bond is listed on the power-of-attorney; and d name of attorney-in-fact is typed under the signature line; b once the above-referenced items are completed this form must be submitted to the Citv of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be Issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. MERCHANT BONDING COMPANY7. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, William W.Warner Jr. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1 st day of February 2018 �•'��Q 1%0% ........... ��'•. •�4���QtPU�� A9 `� ,`t MERCHANTS BONDING COMPANY(MUTUAL) �OitPOgq�cA y �•'�� Q.+s y.r MERCHANTS NATIONAL BONDING,INC. 2003 1933 'c: By •'.�dv1 ���: `•t�> ,......• 1i•t President STATE OF IOWA •�`""""``'' t,t`•`*4 t COUNTY OF DALLAS ss. On this this 1st day of February 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ALICIA K.GRAM Commission Number 767430 Z:11'1�1t,,` ley Commission Expires April 1,2020 ' Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of February 2018 . ',.........# l—,* ..•'P.1%0Ngt .'t t t 1t1G Cp*•t 2 �OC�RPQgq��9�. yJ" 2003 1933 ' • Secretary POA 0018 (3/17) ��VV•I "", t t TRAVELERSTravelers Casualty and Surety Company of America Hartford,CT 06183 CONTINUATION CERTIFICATE FIDELITY OR SURETY BONDS/POLICIES License No. In consideration of $100.00 dollars renewal premium,the term of Bond/Policy No. TE9079 in the amount of$15,000.00 , issued on behalf of PETERSON CONTRACTORS,INC. whose address is 104 BLACKHAWK BOX A REINBECK,IA 50669 in favor of City of Waterloo,Engineering Department whose address is 715 Mulberry St. WATERLOO,IA 50703 in connection with City of Waterloo-Right of Way Bond is hereby extended to April 30,2019 ' subject to all covenants and conditions of said bond/policy. This certificate is designed to extend only the term of the bond/policy. It does not increase the amount which may be payable thereunder. The aggregate liability of the Company under the said bond/policy together with this certificate shall be exactly the same as,and no greater than it would have been, if the said bond/policy had originally been written to expire on the date to which it is now being extended. Signed, sealed and dated February 09,2018 T el e CasuaJ#and Surety Company of America B : town e r Attorney-in-Fact F-59-M(8/06) TRAVELERS J POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In-Fact No. 231471 Surety Bond No. or Project Description: Principal: Peterson Contractors,Inc. TE9079 Obligee: City of Waterloo,Engineering Department KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Companv is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Craig E. Hansen,Jay D. Freiermuth, Brian M. Deimerly, Cindy Bennett,Anne Crowner, Tim McCulloh,Stacy Venn,Shirley S. Bartenhagen,and Dione R.Young of the City of West Des Moines State of Iowa,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 24th day of October,2016. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Y +rh Stat,.of Connecticut By: City of Hartford ss. Robert L. Raney,Senior Vice President On this the 24th day of October,2016,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. p.tlf My Commission expires the 30th day of June, 2021. *" o�uet�os Mane C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers: President, any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 9th day of February 2018 f�25� Kevin E. Hughes,Assistant Secretary '�� �� � 1977 1951 � ��S�aL�� �� i•. °� a�m" «. a a t8a6 To verify the authentidty of this Power ofAttomey,call 1-800-421-3880 or contact us at www,&a velersbon d com.Please refer to the Attomey4h-Fact number,the above-named individuals and the details of the bond to which the power is attached. RIGHT OF WAY CONSTRUCTION BOND No. TE9079 Applicant's Telephone Number: (319)345-2713 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Peterson Contractors,Inc. , of P.O.Box A Reinbeck,IA 50669 , Street City State as Principal, and Travelers Casualty and Surety Company of America of One Tower Square,Hartford,CT 06183 , as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Peterson Contractors,Inc. of P.O.Box A,Reinbeck,IA 50669 will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 2017 , through April 30, 2018 Witness our hands this 16th day of February , 2017 Peterson Contractors,Inc. PRIeff:ALS -71 PLEASE MAIL TO: r - , t � r, 't 7117;t1n By: 0A /Z City of Waterloo, Iowa Engineering Department Printed Name: Corder 715 Mulberry Street Waterloo, IA 50703 Travelers ,tasualty and urety Company of America S R ETY ttorney-in-fact Anne Crowner Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY. THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM, PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: d the correct local telephone number of the principal is included; d the typewritten name of the principal is the same as the name on the signature line; • the bond is signed by the principal; d the correct address for the principal is included; d surety's address is correct; d beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); d the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-in-fact signing the right-of-way construction bond is listed on the power-of-attorney; and d name of attorney-in-fact is typed under the signature line; d once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. AMW TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In-Fact No. 231471 Surety Bond No.or Project Description: Principal: Peterson Contractors,Inc. TE9079 Obligee: City of Waterloo KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Craig E. Hansen,Jay D. Freiermuth, Brian M. Deimerly, Cindy Bennett,Anne Crowner, Tim McCulloh,Stacy Venn,Shirley S. Bartenhagen,and Dione R.Young of the City of West Des Moines State of Iowa,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 24th day of October,2016. Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company '1�'_rf. ��, I■ p�yg Yak—r .f, 9"P iLI WOO 4' ' ` State of Connecticut By: City of Hartford ss. Robert L. Raney,Senior Vice President On this the 24th day of October,2016,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. c•�� My Commission expires the 30th day of June, 2021. C mac+���o$ Marie C.Tetreault,Notary Public '�'ECC�' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine, Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 16th day of February 2017 Kevin E. Hughes,Assistant Secretary SIR _G`y9b �a * To verify the authenticity of this Power of Attorney,calll-800-421-3880 or contact us at www,tra veiersbondcom.Please refer to the Attorney4n-Fact number,the above-named individuals and the details of the bond to which the power is attached. RIGHT OF WAY CONSTRUCTION BOND No. IA 570219 Applicant's Telephone Number: ( 1106 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), SAMMY DANIELS dba DANIELS HOME IMPROVEMENT&CONSTRUCTION of 3358 BRISTOL RD. WATERLOO Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) of P.O.Box 14498 Des Moines IA 50306-3498 , as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. SAMMY DANIELS dba DANIELS HOME NOW, THEREFORE, if the above bou nde n IMPROVEMENT&CONSTRUCTION of WATERLOO,IA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1,2018 through April 30, 2019 Witness our hands this 1st day of February 2018 SAMMY DANIELS dba DANIELS H01N1E IMPROVEMENT &CONSTRUCTION PRINCIPA PLEASE MAIL TO: / By: K City of Waterloo, Iowa Engineering Department Printed Name= `''. 4� , 1 715 Mulberry Street1 'f Waterloo IA 50703 �� Merchants Bonding Company(Mutual) � � � SURETY .0 By: 3, . Attorney-In-fact William Warner Jr.,Attorney-in-Fact Updated March 2017 " PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA(2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY. THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY, WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM, PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: d the correct local telephone number of the principal is included; e the typewritten name of the principal is the same as the name on the signature line; "tTiye�on�is—signed-by—The pnndpaL-_. y the correct address for the principal is included; d surety's address is correct; * beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); d the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-In-fact signing the right-of-way construction bond is listed on the power-of-attorney; and H name of attorney-in-fact is typed under the signature line; d once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. NVERCHANTS77�� BONDING COMPANY-., POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, William W.Warner Jr. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer.and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1 st day of February 2018 • MERCHANTS BONDING COMPANY. �10Np MERCHANTS NATIONAL BONDING,(NCTUAL) 00 2003 1933 'fi; By .........•:�?J. .......l.b•. President STATE OF IOWA •���"' "����' ;+; COUNTY OF DALLAS ss. On this this 1st day of February 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ALICIA K.GRAM rti \y Comm fission Number 7y7430 My Commission Expires �r4 April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of February 2018 . ......... �• RPOR •6' •'p Fp �°'• ca — -0- o. .►.. -o- v. 2003 �; '� 1933 'C• Secretary POA 0018 (3/17) RIGHT OF WAY CONSTRUCTION BOND No, IA 600893 Applicant's Telephone Number: ';�(c? z-&(P KNOW ALL MEN BY THESE PRESENTS: That (1), (We), WL WELDING&UNDERGROUND LLC of 1309 MINNEHAHA LANE CEDAR FALLS Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) of P.O.Box 14498 Des Moines IA 50306-3498 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above boundenWL WELDING&UNDERGROUND LLC of CEDAR FALLS,IA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1,2018 through April 30, 2019 Witness our hands this 1st day of February , 2018 WL WELDING&UNDERGROUND LLC PRINCIPAL PLEASE MAIL TO: By: City of Waterloo, Iowa Engineering Department Printed Name: 16CIIIXAle, i°C. �V/_ 715 Mulberry Streetf, Waterloo, IA 50703 � � Merchants Bonding Company(Mutual) SURETY By: Attorney-in-fact William Warner Jr.,Attorney-in-Fact Updated March 20117 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA(2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY. THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM, PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: e the correct local telephone number of the principal is included; e the typewritten name of the principal is the same as the name on the signature line; d the bond is signed by the principal; d the correct address for the principal is included; d surety's address is correct; v beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); d the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-In-fact signing the right-of-way construction bond is listed on the power-of-attorney; and d name of attorney-in-fact is typed under the signature line; d once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the fallowing Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, William W.Warner Jr. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of February 2018 QpR. �OLf © 4+P0fj . y MERCHANTS BONDING COMPANY(MUTUAL) ;yma_�O 4j . 2+ « �t•V© MERCHANTS NATIONAL BONDING,INC. �`. 2003 1933 c: By a /74) .�d,�`V o'�`' «• j.'.....\1�.' President STATE OF IOWA COUNTY OF DALLAS ss. On this this 1st day of February 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors tc s ALICIA K.GRAM 0 Commission Number 767430 _ -4r Y Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of February 2018 . 02, v: 2003 ;�c�; '� 1933 �'C: Secretary POA 0018 (3/17) CITY OF WATERLOO Council Communication 2018 Spring Stump Removal Project. City Council Meeting: 3/5/2018 Prepared: 2/27/2018 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 2/27/2018 - 12:43 PM Clerk Office Even, LeAnn Approved 2/28/2018 - 10:53 AM ATTACHMENTS: Description Type D 2018 Spring Stump Removal Poject Documents Cover Memo D Bid Tab Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the 2018 Spring Stump Removal Project bid to Wilson CUstom Tree of Cresco, Iowa, in the amount of$92,490.81, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement. Submitted by: Submitted By: Todd Derifield, City Forester Recommended Action: Approve Contract The city of Waterloo has accumulated 687 stumps during fall and winter tree removal operations as a result of the emerald ash borer infestation in Summary Statement: Waterloo. City forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these stumps in an appropriate time frame. Expenditure Required: To Be Determined Source of Funds: Forestry Capital Improvement Funds This project is improving street right-of-ways and parks. Therefore it Policy Issue: supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A Page 46 of 232 City of Waterloo has accumulated 687 stumps over the fall and winter months as a result of the emerald ash borer infestation in Background Information: Waterloo. City forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these stumps in an appropriate time frame. Legal Descriptions: N/A Page 47 of 232 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2018 SPRING STUMP REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2018 SPRING STUMP REMOVAL PROJECT. BID REQUEST Sealed bids are due 1-OOpm, Thursday, March 1, 2018, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, [A 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, March 1, 2018, at 1:00pm. Public hearing on the project will be conducted Monday, March 5, 2018, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope. Waterloo Leisure Services Commission 2018 SPRING STUMP REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield at 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 48 of 232 f r f { CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2018 SPRING STUMP REMOVAL PROJECT 3. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, March 1, 2018, until 1:00pm., for the 2018 Spring Stump Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. i OPENING OF BIDS All proposals received for the 2018 SPRING STUMP REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday, March 1, 2018, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for i recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2018 SPRING STUMP REMOVAL PROJECT at 5:30 p.m. on MONDAY, MARCH 5, 2018. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Cleric's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. s SCOPE OF WORK The Contractor shall provide all labor and materials necessary to remove the designated stumps in accordance with these plans and specifications. i I CONTRACT PERIOD i' The period of time covered under this proposed contract shall be from March 6, 2018 to a completion date of no later than September 1, 2018. NOTICE OF PUBLIC HEARING page 1 of 3 Page 49 of 232 i c 'i PROPOSALS SUBMITTED r I All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the stump removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications and is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful i performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in city projects during the current calendar year. i NOTICE OF PUBLIC HEARING page 2 of 3 Page 50 of 232 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of stumps removed at the average contract stump price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of stumps removed must agree with numbers recorded by the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to contractor as part of regular billing cycle. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2018 City of Waterloo, Iowa, Kelley Felchle, City Cleric i. NOTICE OF PUBLIC HEARING page 3 of 3 Page 51 of 232 CITY OF WATERLOO, IOWA i Waterloo Leisure Services 3 INSTRUCTION TO BIDDERS i j 3 I. EXPLANATIONS TO BIDDERS i ! Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification j which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. 3 IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. i INSTRUCTIONS TO BIDDERS pae I of 3 Wage 52 of 232 3 i V. COLLUSIVE AGREEMENTS I A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VL MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBEIWBE Contract s Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. r. The City of Waterloo will require the contractor to document his efforts in securing lower income �! workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. i i VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS page 2 of 3 Page 53 of 232 I k IX. EXECUTION OF AGREEMENT, BOND,AND CERTIFICATE OF INSURANCE 1 A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there 3 be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten(10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the i defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. 3 INSTRUCTIONS TO BIDDERS pa e 3 of 3 'Page 54 of 232 1 { CITY OF WATERLOO, IOWA Waterloo Leisure Services 1 GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents,these terms shall be defined as follows: Contract- means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. 3 Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. f i Other Contracts i The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE I OF 3 1. Page 55 of 232 1 i Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner, General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. 3 Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and their equipment. The City Forester will determine the extent of protection necessary for the trees. i Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. I I I 3 GENERAL CONDITIONS PAGE 2 OF 3 Page 56 of 232 I. L Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten. (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: 1 a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same, It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleanine, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 Page 57 of 232 3 CITY OF WATERLOO, IOWA j WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2018 SPRING STUMP REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated stumps in the city owned rights-of-way and city parks in accordance with these specifications. SPECIFICATIONS All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. If there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. Once the stump (and mound) is removed, it should not look like a tree was ever present at that site. Stumps may have sprouted growth since tree removal. It is the responsibility of the contractor to remove and dispose of this vegetative stump growth before grinding stumps. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50150 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles conflicting with the stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for stump removals. COMPLETION DATE Stump removal project shall be completed by September 1, 2018. Page i°mage 58 of 232 Ir 9' F NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations. Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. DAMAGE PROTECTION All property damaged by the Contractor from the 2018 Spring Stump Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this stump removal project. List the year, make and model of the equipment listed. STORAGE OF EQUIPMENT The City of Waterloo shall make no provisions for storage of contractor's equipment on city property. SIZE OF STUMPS Stump sizes listed are actually the Diameter at Breast Height (DBH) of the tree trunk before it was removed. This diameter of the tree was determined by wrapping a diameter measuring tape (measuring inches) around the trunk at 4.5 feet from the ground before the tree was removed. Since many trees have a significant basal flare where the trunk meets the ground, the size of the stump will more than likely be larger than the listed DBH. The height of the stump will be 12" or less. If stump is taller than that it will be mentioned in the comments column of the stump list. Page 2 of 3 Page 59 of 232 I I i 3 j LOCATIONS OF STUMPS 3 Locations of stumps are in the city owned rights-of-way and city parks. A list of locations is attached, as well as aerial maps of park stump locations. It is possible that a few of the stumps listed are actually still trees that will be removed very soon. These locations are all in zone S and marked with an asterisk (*) after the Address in the attached list of locations. EXTRA STUMP REMOVALS In the event there is sufficient funding, the city will consider the removal of extra stumps from trees that were removed after the stump removal contract letting. These stumps will be subject to the same specifications for removal as the original lump sum stumps. 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IN FAY .y y Page 90 32 I r I: ��, M n 'y�",..: � - � ysc <,:� �� � ; '- ° a r,- �t -". �.<* •ram"� m iI: � ,v- ��, �'(.��- r�� � �n x j`- x-€-3 'tom �*'� '-'�� •,>cn. s �^ ,���, B�'�` f",K�a^ �� * b y y. a At VIN Ak 2s t 7 4. ,# •F `� s+ k„•s�1 x�� ' t y y�� ��T see+ r r I �� ����,� � xz i z Fj n r Si9 1 2 yE' N b 6,p RAI W,*4 3 r.rI. ,To, atm .ate;, A y'77�� � 3 v '#'� :,f x �,�< ,.. r.n`x'a,�✓ „z s 1 y✓" '�.'� �. ��.'jpg 3 �.r �x"z'�°c�,�w< �N.^�'� f' '• Y r .:;x' 'F';S sT �2'. a✓' :y� ' Y � Y0s s illll,90�N11, ] r� ¢ � MC�r ✓tit�.-.,a. � �x'er W r.r' a s t E �, s� :R e, �- ,.�..�'.rcw s�``'+3J' ;�Z :_ ^>r, f -ir. ury r �� ',d•�' 5-'�'.e{sr � �v�s� �`���� � Page 91 o 2 i' CITY OF WATERLOO, IOWA I' WATERLOO LEISURE SERVICES COMMISSION i r BID FORM for 2018 SPRING STUMP REMOVAL PROJECT BIDDER: COMPANY NAME ADDRESS: PHONE: { _) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2018 SPRING STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 687 stumps along City owned rights-of- way, ights-ofway, parks & golf courses as listed in the attached documents for the following amount: TOTAL BID PRICE: Dollars ($ } 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after"Notice to Proceed" is issued. 3. Security in the sum of dollars ($� } in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Nan-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. BID FORM page 1 of 2 Page 92 of 232 i 3 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: I I / 1 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 1 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA" 11. The bidder has attached all applicable forms. 3 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: I I Name and Title BID FORM page 2 of 2 Page 93 of 232 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. S. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 1 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE I OF 2 Page 94 of 232 I r k Dated this day of , 20 Name of Bidder By: Title: State of ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 I 3 Notary Public i My commission expires , 20 j I I 3 i3 I i i i STATEMENT OF BIDDER'S QUALIFICATIONS PRAgefR5 of 232 I 1 I f BID BOND r KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo Iowa hereinafter called"OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents, The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, 3 a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement 3 created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Sea[) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE 1 OF l Page 96 of 232 1 j NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 1: State of ) County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; ' 4. Neither the said Bidder nor any of its officers,partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sub-,wxaYP-&a4,i&yworwDo-heft e,me,,thi/ ------- dzt-y of---------------------------- 2018. ? � r---_______________________ ---.______________________------ 5 My ------------------ __,______-- Page 97 of 232 i' 'r. f ' NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR I State of ) } County of ) being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 1 He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2015 SPRING STUMP REMOVAL PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. I I Signature Title SuZ*cr'rUe,&a voirwcwrL,to-before,vxelthA/,, day of ____________________ 2018. ------------------------------------ ----------------------------------- My ---- _____________My exp�rek- Page 98 of 232 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) r All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) amrually agree as follows: I. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic i status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship, 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions, 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No, 24664. EQUAL OPPORTUNITY CLAUSE PAGE I OF 2 Page 99 of 232 I 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We,the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 100 of 232 i i' is i CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION r CONTRACT for 2018 SPRING STUMP REMOVAL PROJECT This Contract for 2018 SPRING STUMP REMOVAL PROJECT(the"Contract") is made and entered into on , 2018, by and between the City of Waterloo, Iowa(the "City"), and (the"Contractor"). WITNESSETH: z ' 1. The Contractor shall furnish all supervision,technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten(10) days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Tirne is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. 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 City, its officials, officers, employees and agents, 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 performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. if public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Stump Removal Contract-Page 1 of 3 Page 101 of 232 r t f City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. 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. 9. 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,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7)days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. 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. 10. In addition to paragraph 7 above,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 twenty-one (21)days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three (3)business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Stump Removal Contract-Page 2 of 3 Page 102 of 232 except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other-person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract 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, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. 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 by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor: Dollars $ IN WITNESS WHEREOF, the parties have executed this Contract for Stump Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: Stump Removal Contract-Page 3 of 3 Page 103 of 232 2018 SPRING STUMP REMOVAL PROJECT Bid Tab: March 1, 2018 Estimate: $100,000.00 Bidder Bid Security Bid Amount JBL Rentals, LLC Chk. 5% $102,000.00 Parkersburg, IA Wilson Custom Tree Service 5% $ 92,490.81 Schaefer Tree & Lawn Service Chk. 5% $12900.00 Waterloo, IA Page 104 of 232 CITY OF WATERLOO Council Communication Request by CRF Rentals for a site plan amendment to the"C-P"Planned Commercial District for construction of a 5,184 square foot Commercial building located south of 2911 Southland Drive. City Council Meeting: 3/5/2018 Prepared: 2/13/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 9:55 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:46 AM ATTACHMENTS: Description Type ❑ Staff Report Cover Memo ❑ Overview Map Cover Memo ❑ Aerial Map Cover Memo ❑ Site Plan Cover Memo D Building Sketch Cover Memo D Pictures Cover Memo D Application Cover Memo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No Comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning; Pro Trig and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance SUBJECT: amending Ordinance No. 5079, as amended; City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4- 4, approving a site plan amendment on a certain property located south of 2911 Southland Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The applicant is requesting to construct a new warehouse/office building located south of 2911 Southland Drive. The request to construct the warehouse/office building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with the commercial building to the north and is located along Sergeant Road/US Highway 63. Page 105 of 232 The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Charm Drive and Southland Drive which are local streets which connect to Sergeant Road (US Highway 63)which is a Principal Arterial. The nearest recreational trail is along the west side of Sergeant Road(US Highway 63). A sidewalk will be required to be installed along Charm Drive connecting to the sidewalk put in to the north. The area in question was rezoned from"R-3, R-P"Planned Residential to "C-P"Planned Commercial District on May 3rd, 2016. Surrounding land uses and their zoning designations are as follows: North— Commercial zoned "C-P"Planned Commercial, Professional Office zoned"R3-RP"Planned Residence District and vacant land zoned "B-P"Business Park District. South— Vacant Land zoned"C-P"Planned Commercial District. East— Vacant Land, Multi-Family, and Residential zoned "R-3, R-P" Planned Residence District. West— Sergeant Road/US Highway 63, Sergeant Road Trail and Industrial zoned "M-1" Light Industrial District. No buffers would be required as a part of this rezoning request. It will be necessary that a storm water detention plan is submitted, as well as a S WPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The area consists of Commercial built in 2016, professional offices built in 2005, multi-family built in 1982, industrial built in 1977, and residences built between 1995 and present. No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 283F, dated July 18, 2011. The Future Land Use Map designates this area as Mixed Commercial: Medium to High Density Residential, Professional Offices, and Neighborhood Connnercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for Summary Statement: this area. The applicant is requesting to construct a 5,184 square foot building with 7 parking spaces. The space is proposed to be divided into two separate shops. The site plan includes a detention pond along the Sergeant Road/US Highway 63 frontage. The building is proposed to have steel siding and roofing with imitation Brookstone Veneer near the entrances, sides and back of the building. There are two proposed monument signs one located at the northwest corner along Sergeant Road/US Highway 63 and one on Charm Drive. The building is proposed to face south with the structure predominately on the northeast side of the property. There will be one customer entrance, one employee door, and two overhead doors for each space. The area in question is zoned"C-P"Planned Commercial District, and this zoning is intended and designed to provide a means for residential Page 106 of 232 and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The Zoning Ordinance requires I parking space for every 2 people employed at the facility and the site plan shows 7-parking spaces. As noted during Tech Review, the planning staff has received a comment from the Condominium Association of the complex located across the street. They stated that they are opposed to the complex but if it is built they would want access off of US Highway 63/Sergeant Road and a limit to who could rent the buildings. Iowa DOT was contacted that they will not allow access off of US Highway 63/Sergeant Road. Note:When the site plan for what became the condominium project was first approved of by a resolution 1981- 533, the plans submitted designated the lot as commercial although it was not developed at that time. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the"C-P"Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. Sidewalk Constructed along Charin Drive. At their February 6, 2018 meeting the Planning, Programming and Zoning Commission voted unanimously 6-0 to recommend approval of the request. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Legal Descriptions: SOUTHLAND PARK FOURTH ADDITION TRACT C-8 Page 107 of 232 February 6,2018 REQUEST: Request by CRF Rentals for a site plan amendment to the "C- P" Planned Commercial District for construction of a 36' X 144' 5,184 square foot Commercial building located south of 2911 Southland Drive APPLICANT(S): CRF Rentals LLC, PO Box 203 Waterloo, Iowa 50704 GENERAL The applicant is requesting to construct a new DESCRIPTION: warehouse/office building located south of 2911 Southland Drive. SURROUNDING The request to construct the warehouse/office building would LAND USES AND not appear to have a negative impact upon the surrounding IMPACT ON area as it would appear to be compatible with the commercial NEIGHBORHOOD: building to the north and is located along Sergeant Road/US Highway 63. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Charm Drive and CONDITIONS: Southland Drive which are local streets which connect to Sergeant Road (US Highway 63) which is a Principal Arterial. RELATIONSHIP TO The nearest recreational trail is along the west side of RECREATIONAL Sergeant Road (US Highway 63). TRAIL PLAN AND A sidewalk will be required to be installed along Charm Drive COMPLETE STREETS connecting to the sidewalk put in to the north. POLICY: ZONING HISTORY The area in question was rezoned from "R-3, R-P" Planned FOR SITE AND Residential to "C-P" Planned Commercial District on May 3rd IMMEDIATE VICINITY: 2016. Surrounding land uses and their zoning designations are as follows: North — Commercial zoned "C-P" Planned Commercial, Professional Office zoned "R3-RP" Planned Residence District and vacant land zoned "B-P" Business Park District. South — Vacant Land zoned "C-P" Planned Commercial District. East — Vacant Land, Multi-Family, and Residential zoned "R-3, R-P" Planned Residence District. West — Sergeant Road/US Highway 63, Sergeant Road Trail and Industrial zoned "M-1" Light Industrial District. BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in SPA-South of 2911 Southland Drive Page 1 of Page 108 of 232 February 6,2018 the area if proper storm water detention techniques are put in place. DEVELOPMENT The area consists of Commercial built in 2016, professional HISTORY: offices built in 2005, multi-family built in 1982, industrial built in 1977, and residences built between 1995 and present. FLOODPLAIN: No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 283F, dated July 18, 2011. PUBLIC /OPEN The nearest schools are Lou Henry Elementary and Hoover SPACES/ SCHOOLS: Middle School located 3 miles to the northeast and West High School located 3.64 miles to the northeast. The nearest open space is the Prairie Grove Park located 0.62 miles to the southeast. UTILITIES: WATER, There is an 8" Sanitary Sewer Line that runs in Charm Drive to SANITARY SEWER, Southland and a 12" Sanitary Sewer Line in Southland and in STORM SEWER, ETC. Charm Drive north of Southland. There is a 8' Utility Easement along the west side of the property. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential, LAND USE PLAN: Professional Offices, and Neighborhood Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a 5,184 square foot ZONING building with 7 parking spaces. The space is proposed to be ORDINANCE: divided into two separate shops. The site plan includes a detention pond along the Sergeant Road/US Highway 63 frontage. The building is proposed to have steel siding and roofing with imitation Brookstone Veneer near the entrances, sides and back of the building. There are two proposed monument signs one located at the northwest corner along Sergeant Road/US Highway 63 and one on Charm Drive. The building is proposed to face south with the structure predominately on the northeast side of the property. There will be one customer entrance, one employee door, and two overhead doors for each space. The area in question is zoned "C-P" Planned Commercial District, and this zoning is intended and designed to provide a means for residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The Zoning Ordinance requires 1 parking space for every 2 people employed at the facility and the site plan shows 7- SPA-South of 2911 Southland Drive Page 2 of Page 109 of 232 February 6,2018 parking spaces. As noted during Tech Review, the planning staff has received a comment from the Condominium Association of the complex located across the street. They stated that they are opposed to the complex but if it is built they would want access off of US Highway 63/Sergeant Road and a limit to who could rent the buildings. Iowa DOT was contacted that they will not allow access off of US Highway 63/Sergeant Road. STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "C-P" Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. Sidewalk Constructed along Charm Drive. SPA-South of 2911 Southland Drive Page 3 of Page 1 1 O of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2oi8 so A-1 R-R C-2,C-Z 63 K LIN DR -2 A-1 A-1 e� B-P R-3,R-P 5� 63 `c M-2,P ��� R-1 `vim o R- R--" C-2 \� � IP 7<�W04V2Vb'H M-1 z R-4 M-1- --z W.'SHA ULISRDD �7� o a A-1 cr Y U Q 63 N SW of 2911 Charm Drive WE Site Plan Amendment CRF Rentals 1,000 500 0 1..000 Feet Page 111 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2018 �\ ... 2911 Charm Drive \` Property in Question O q, �Q G q. w A ; �2 �O .p Q N SW of 2911 Charm Drive w E Site Plan Amendment s CRF Rentals 100 50 0 100 Feet Page 112 of 232 OJDP suolsinaJ I I I I I I I I-A U99-99Z—M - DMOI `SIIDJ JDPGO NVId 3115 O ADMIJDd ABOIOU4091 los omo 'oo1Ja}oM O O y p D M 6ulJaaui6u3 �� 90 101 AdVd aNVlHinos ti s z w 5 m a \ \ n g Oro o rii Z U E' N g w II = R o UO t U N y Z Z_U Q �s w Z z o w v ~CL O W v - NZ ANO �Z zti ti W OUdZ� -opt d WX Z U mmol wad zZ a 5 v w m i- w D; F' J C7¢U>a>Z Ea y mal O� p aiZ'-N C, - Ld .o oUa3 UUo cn¢ ti w�Za�o 8g, Lu .=N Mi ui c6 � J c W w c \ a Z a� U J _ate o o� � a 10WIOlulll/ry�gpr NE4% \ \ / k,h°Ci \ \ \ f2 LULU ry LU / M JJ g cc0 Cm \ \ \\ /W Uw W=-iW co Z on Z 3zwo�m Q0000 C, \ dZLU \ az1 / z zoo= �W���o \� / 4 JwO�Jz~z ~�vlgOO \ 32 U Co zLu ado W Lu oQ�P o=m �wwaoo �000� (~i13UU�Z \\ \lg= UN UQ zNzzwa \ �z��¢¢tiz tnW¢U�Z2=i¢ WO�D;W2KW'<OOi=K 21-U OIC W pF-��¢UUUO i-�n¢WOo \ O \\\ \ \8l9 69 6,9 \ \�tl8\\6'98\ ao suolsinaJ 0 6ZSS-99Z-61£ - DMOI 'SIIDJ JDPOO SNOUIGNOO ONUSIX3 cn N M 3 J o M AD/A jJod A601ou438l LOS LDMOI 'oopetoM o 00 6uueaui6u3 PA 8� 10� 1i2�dd aNV]Hinos s O x W O w NO� ww �p wm zw a N w Q C)>O w W H J O J J W W W VI Z Z W W 7 W N > O U p � d}V J }_ »O O W W W Z(n W'H a J U W U ~ ~U O W a a O Z¢p J W 000 o o¢ � awa�a>mw � a � aaw ocoi�� in J \ i U z z C7 VI Ul H U w30ww J W w L� �C7F d U p O O p LU (r (Y Z OOOO U' U' OU' O U' U' O C7 C7 C7 U' OC7 U' O U' wNO N W W O N N Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z p p Z p ✓ O O U W W N (~/I V~i N N N N N N N f% On On On M On N N 0 0 0 0 0 O 0 WM� :2 x x x x x x x x x x X X X x x x x x X x x x d' \� QLUI aacnoowwwwwwwwwwwww w wwww w waaw a o o l l l l l 4 p 00 4 00 C) O \ f �Xx t , / N N COcu / O 1 \ / - y /moi—�cn i �"g��3 698\ 8\ BID P suoisinaJ s 6299-99Z-61£ - WADI 'SIIDd JDpaD SNOUMNOO ONIISIX3 m M ^o a o AD/A jJDd A6oloupol Log l DMOI 'OOIJ91DM p 00 6UPSGUIsu3 rn 0 80 10l Ji2i'dd aNV�H1flOS a -p @ y — Q S � LLLL OP 0 co u�'0 D'0'o 0 0'0'0 'o 0 0 Omco rya aaa a aaaaaa m rn 0 (Do t0 °�o rna� JM�'t mCO MNCO MCO NN MMM Y II II II II II II II II II II II II II II II II @ _ N L Q OL Q O C1 00 �O O -W C 0 LL x x x L x O v.M... .2 s@ 7 C rN O H y Q F F T F N 0 0 O O p m x m L @ E N i i C C U y y O > > @@ y @ L > Q 3 O COO O CQ ll aMNa Co-0 ') 0O..5; N�- 0 @.� 0@ @ 0 N 0 O> @ X O iJ LL O Q LL O o� y p boa yID '0 'a LL 0 � C, c > d Q @ N N @ y J oa @ Y p oa @ mo ° m @ olno ° O °o °'a°i0 ` 22 `@C'j2 a a JMH aaa HLn neo ama w0 af O� �`yby \ ao \ a�w ��� K Iwo N / LuLU / I EL a2 \ LLI o wae / a 0 I/ vNw \\_ M>OW. i DIDDIDP SUDiSinaJ 0 6ZS9-99Z-61£ — DMDI °SIIDd JDPaO NVId DNIAVd V `JNIQV21`J � h� o ADIA IJDd ABoloupal IOS DMOI OOpQjDM I ' DSO N U y 3 J O M BUIJaaUIBU3 PA 80 10� 1i2i'dd GN`d HinOS s J� O O H w W cl;cD \ 4� / Z v / lo 10 w M /o_ O OLU LL IL cli 13 15 / f6 a m \ LyI Z / RF Lq N w \\ q Q�z c� Q I p 02wz � / - °¢o< 9 O} \ �K5 �w L8 M O O 8 �^ K Z d0�ly 96) '6919 619 s \ 61 \ a rGlDp SUOICInaJ I 6189—M—s l£ — oMol `shadl �opeD NVId ),inti rn o M 3'[-- AoMjJnd Asoloupal log l aMoi 'ooi�ajDm � 6ule8ui6u3 rA 20 10� >RiVd GNV�Hinos co w - - J F _ 10 ZO Z WY . � as Ja Q ti J 0 � =6 w F Z_ _ a LU �o om o � - F o o - - o o �.� - o - o w oam a s ow _ oll ww N LU LL �} ww \ 0<CD o W d> L zLLU O� \ iO Un UnU �Q� L do �i(� Q J LU \s<8 LL O \ LLI J \ o >U) O w LL 2 / °ya I o z w co Lu J ow // ^ o I a0 WQ 1 / / \ \ \ \ W \ 7 O< o I / 0 .6 Lu 0 Q00 II / \ < 1 Z O LU 'T00w 11 O \ cb \ \ \ \b� 4' \\\ g w\ oo LL0_ \ ` LL LU \ \ \ \ \ OeP \----- / \\\ \ \0 \ \ 0 a D suoisinaJ 0 6ZS9-99Z-61£ - DMDI `SIID3 JDPGO Q% NVId I0diNOO 1N3W1(13S )8 NOISON3 � 0 0 M n M ADMIJDd ABolOU4091 1091 DMO 'OOI.la}DM � 6UIJaaUi6U3 PA 80 101 AdVd (INVlHinos s O i J ` — ~ w Of U� �v \ LL \sl8\ O LLI U $1 \ J Z o�LL $IQ / CD,0 v \ / e � I a S LU z w� oin � 1 O Z a� / I / / OD E/g, IL \ z /0 w / � z J O w / 0 a z 1/ -- U) w y zcnz \� z LU Z Owo oQ �< w `�\\ z U5 z ^l Q m w o o Z a- Q \ \\ �00 W Z= oU O0- LLI a- O LU Co lb� w� NLL mZ OZ O mo .. LU �O w oU N7� Uz LLJ zo�m� ULL0O �O w w \ LU w Q g LL m0�XU C) 70(D Z z<LL LLIZ J� a- O O pZ�Z ZQ �¢cl \ \ \ \ of IZZ`L a-' QZQ p Z z \~\\ \ \ \ \ >\ \ N(n Oz �Opa mZ� �a- w J¢ \\\ \ \°l\ \ \\Z w'W Z o it j- o¢ ?O w w \ (nom w\ _ --� �wLL0 owl Z JJ ��~Of D \\\\8\ \� 69 \ALL \\ LU m��� QH tnJ�JwO `�9� �l9\\\ \8 \ 8\z -4-- \\ /) mZZQ��o�JLL0� �?�j0a0 J)< LU z /) Q W m CO Q m LU 2 [If OF�O N p�p m W� zZz a-'LLJY UFS JQ~w<OfLL Y OZv LLOfM� nco zow JLL ai WOU�aOU(n \ \ \ \ \ OI o m N � Lop \ <y ° q q :.: q 2 /_ \ @ co I > ( E \/ ± £ .§ c R - odd 4 § - - : ® m �§ ± c u S ± £ L : L ) U) j 7 7 u G U m y L � o ± " m o } I ± £ 2 � m � ƒ -------- / j % / \ \ � \ \ / } = L ± @ j ƒ 3 $ / \ 3 % ƒ } ® ? } @ )} @ § ) Cl m @ j co 2 ƒ ^ f } G 10- \ \ K G f \ L \ _\ \ ) > \ / \ S / \ w / ® ® L > \ { ® ( $ IFNI \ % L : / T \ ` ^ / . 2 L O .77: m Site Plan Amendment South of 2911 Southland Drive y � , u Picture 1:Looking east from Sergeant Road/US Highway Picture 3:Looking north along Charm Drive from Site 63 ( Y 'r d S Picture 4:Condominiums located across street from site Picture 2:2911 Southland Drive to the north of the site Page 120 of 232 Page of AYYLIUA 11VIN 31 t L F I-Ail t`11-u"4"-LTK %-- �-. - "M-P", "C-P", "B-P", 16S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. _A__PPLICATION INFORMA'CION: a. Applicant's name(please print): ( � 121" ��C' +'� �C� S u-� Address:1: �Q�L () Phone: '3I c- Fax: City: State: I,k Zip: 1 U;QJO 4 b. Status of applicant: (a) Owner ✓ (b) Other (CHECK ONE): If other explain:-- c. xplain: _c. Property owner's name if different than above (please print): - Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: GS �t - �'lcuy rn f�ry b. Legal description of propert or portion to be amended: l�C ✓k � CNS C. Dimensions of proposed site plan amendment: l L)X d. Area of proposed site plan amendment: e. Current zoning:_ - '? , f< - c f. Reason(s) for site plan amendment and proposed use(s) of property: NJQ�_�Q g. Conditions (if any) agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary): LL L—�L�`� Please Note: If applicant is not the owner of the property,the signature of the owner must be secured.If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200 (for new or overall amendment), $100 (for individual Building), or$0(for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Wo City Council in making their decision. The undersigned au orize City Zoning Officials to enter the proper n q n in regards the request. 13 Sign tune of Ap- lica Date Signal re of Owner Date Page 122 of 232 CITY OF WATERLOO Council Communication Request by Michael Crane to vacate a platted 20' utility easement located along the southerly property line for construction of a 192 square foot shed located at 235 Niagara Drive. City Council Meeting: 3/5/2018 Prepared: 2/13/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 9:58 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:47 AM ATTACHMENTS: Description Type ❑ Overview Map Cover Memo ❑ Aerial Map Cover Memo ❑ Appliation Cover Memo ❑ Site Information Cover Memo D Plat BookP age Cover Memo ❑ Staff Report Cover Memo Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Pro rig and Zoning Commission. SUBJECT: Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Michael Crane to vacate a platted 20' utility easement located along the southerly property line for construction of a 192 square foot shed located at 235 Niagara Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted is a request by Michael Crane to vacate a platted 20' utility easement located along the southerly property line for construction of a 12' X 16' 192 square foot shed located at 235 Niagara Drive. The applicant is requesting to vacate a platted 20' easement located along the southerly property for construction of a 12' X 16' 192 square foot shed. These easements were created as part of a minor plat that was approved in July of 1994. There appears to be no utilities located in the easement and no future Page 123 of 232 need for the easement. During Tech Review Engineering had concerns if MidAmerican would have issues accessing the easement on the west side of the property if this one was vacated. MidAmerican indicated that they do not have an issue with the vacate and it will not affect their access to the west Summary Statement: easement. Therefore, staff recommends that the request to vacate a platted 20' easement located along the southerly property line for construction of a 12' X 16' 192 square foot shed approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. There appears to be no need for the easements. At their February 6, 2018 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the vacate. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic development,policies 1, 3 and 4. Alternative: N/A Easement Vacate Legal Descriptions: The Twenty(20) foot utility easement as platted along the South line of Lot 2 of Wessels Minor Plat except the Westerly Eight(8) feet thereof, all in the City of Waterloo, Black Hawk County, Iowa. Page 124 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2oi8 ST SN/R�y�'gY A-1 218 F GREENwOOoq� A-1 - _ 0 F j �gONS OR v x -0 p 6�VD�z m CL z 'o R-1 ? DESOTO AVE iCO2 ° CARDINAL-DR W CU), R _W CASTLE ST JO R-2 z z Cn o DRYN¢ ° iA Q a m M-1 ° w mz j ��i < ° m Ui p � 10 FRD=� n �Q z HG A -I-7Vi z NVSb97d Q p GP < U ADDIS0NCT--aj Fq pR m WEMBLEY RD i J J z ~ m PGP c �- ACORN LN co Q m MAYNARD AVE m FE _T= ° C-2 R-4, g M M C-Z LIPTON AVEC m N 235 Niagara Drive WE Easement Vacate Michael Crane 1,000 500 0 1..000 � Feet Page 125 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2oi8 ST SN/R�y�'gY A-1 218 F GREENwOOoq� A-1 - _ 0 F j �gONS OR v x -0 p 6�VD�z m CL z 'o R-1 ? DESOTO AVE iCO2 ° CARDINAL-DR W CU), R _W CASTLE ST JO R-2 z z Cn o DRYN¢ ° iA Q a m M-1 ° w mz j ��i < ° m Ui p � 10 FRD=� n �Q z HG A -I-7Vi z NVSb97d Q p GP < U ADDIS0NCT--aj Fq pR m WEMBLEY RD i J J z ~ m PGP c �- ACORN LN co Q m MAYNARD AVE m FE _T= ° C-2 R-4, g M M C-Z LIPTON AVEC m N 235 Niagara Drive WE Easement Vacate Michael Crane 1,000 500 0 1..000 � Feet Page 126 of 232 4 City of Waterloo Planning& Zoning Department 71.5 Mulberry Street,Waterloo,Iowa 50703 (319)291.-4366 ❑ Offer to Vacate and Purchase City Right-of-Way Request to Vacate Easement,Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City-Owned Property Applicant: �.t Address: ' Phone No.: ( � General Description of Property to Vacated(i.e.-alley between A St. &�St, uth of C St.): s Legal description of area to be conveyed,vacated, or encroached: i 1. A non-refundable filing fee(s) shall be made as follows(checks payable to City of Waterloo): • Right-of-way'vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated----No Fee • Any request not meeting the Sale of Property Policy--One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building& Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs (surveying& mise., demolition, remove of curbs,etc): i Askin rice—Deductions—Value of Pro et Asking P p �y Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Properly Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves = additional construction as the reason for the request. i Applicant Date `Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 127 of 232 I s INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned,as adjacent property owners of right-of-way requested to be vacated and generally described as(address or general location): have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/1 wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/1 wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). f. Signature of adjacent property owner Date Address Phone 1. Offer Price[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e.,as tenants-in- common,joint tenancy with full rights of survivorship,or as individual ownership.) Page 128 of 232 cn cc ©c 9 } V1 C I =cc y� o it N g r �� 3 O ON C!« ViyJ ." u 5� b— 'r• a ua a k!! .r xl w C 1^ ayrD I n �n CC 2 v 7rwr to A z,-o- CC LU _t IP 6`W E E �d �°n oEia�U m¢ E ro m mtn 4, Q cs w ����a � ncc mw7za`u. 090 } n v LU :... .. _ i : aha irl I��I 9Z _ looll (t VWD WA a Sl Ot til Zt • B I4ZZ1 SI >10 CDA ZZ ZZ s Z ' Z I � Zs -� LU AC i O Z s �,. a ;_. a a - ... ti ........ . 3 Page 129 of 232 3 L Black Hawk County, Iowa •• �� .��t1I to � LeNond ,1.' - �x tr �r llr`�4 -port Aeli.l Phoma � —`t 1 i� I 'per r.-,* 81.,k Ha.I1 C. Yi ' •.€� �'�r 1-.4" { i� es + L ip aa;ro.m �•....rr �z: 4' F ter:i •`, � :,.;.�•a;' �, -� Sectors N�';:1 f K rl " ••i -. w.v. Ike I, y M 11 7 Ta. 1P 5 1 • 4, i A. 1W T� .r•. i p • '('� Ste' y Y, e '..tl t„ K56+91 r: t �' ,�� '^'' -M*� — --- ...vim,. •, �� -" 'i.l'•W t� - or 4 Map 9aaatalWith A>cIMS-Cop tpht{CI1992.2001rSRlln9> Al Q I Black Hawk County,Iowa Map Disc aimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 -ecords,i icluding plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 nformati n required for local government purposes.See the recorded documents for more E-mail:audilorc co black-hawk.jams.ora Jetalled 1 al information. y-&-M r 7 t-'J z S j l Page 130 of 232 -Tifle,&Yvlr.Ps Cnvp0af1 Return To:Veridian Credit Union, 1827 Ansborough Ave.,Waterloo,IA 50701 Preparer:Charles P.Augustine,531 Commercial St„Ste 250,Waterloo,IA 50701,(319)232-3304 Taxpayer:Michael Crane and Cynthia Crane,235 Niagara Dr.,Waterloo,IA 50701 TSC#171508 WARRANTY DEED-JOINT TENANCY For the consideration of One and No/100- Dollar(ss) and other valuable consideration, Kathleen M. Sallee, a single person, does hereby Convey to Michael Crane and Cynthia Cranes as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common,the following described real estate in Slack Hawk County,Iowa: Lot 2,Wessels Minor Plat,Waterloo,Iowa,recorded in 312 Mise 452, being that part of Lot 62,Auditor's Whitney Road Plat in Section 17, Township 89 North, Range 13 West of the 5th P.M.,in the City of Waterloo, Black Hawk County,Iowa,described as follows: Commencing at the Northeast corner of Lot 4,Hillside Addition to Castle Hill, Iowa; thence North 00000'00" West, along the West line of Niagara Drive,300.00 feet to the point of beginning; thence continuing North 00°00'00" West, along said West line of Niagara Drive 100.00 feet; thence South 89128'15" West parallel to the North line of said Hillside Addition to Castle Hill 125.00 feet; thence South 00000'00" East parallel to said West line of Niagara Drive 100.00 feet; thence North 89028'15" East parallel to said North line of Hillside Addition to Castle Hill 125.00 feet to the point of beginning. Subject to easements, restrictions,covenants, ordinances, and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender,according to the context. Dated: aCf 1'7 _ K STATE OF IONVA, CO1 N-7-0 This instrument was acknowledged before me on this Kathleen.M. Sallee, a single person. ,�«< il",hRB _ ll.l S' store of Notary Publi ;,�,�'• ">i CIONIMiSSION X10.15,776 '4,;. rt�Y G471PfE13�i1ti �FYi3C5 a� Page 131 of 232 See MTUFF SHED' 169, Order Details Your Store:Waterloo#2101 0 Use Current Location or find store 0 Shed Configuration&Options 0 Sundance TB-700 - 12'wide by 16' long by 13'10" high Model:Sundance TB-700 Size:12 ft x 16 ft Base Price:$5,178.00 Promotional Savings:0-$400.00 * Total: $5,228.00 *Terms&Conditions(1 h k Page 132 of 232 Standard Specifications FEATURE SPECIFICATIONS Warrant 5-year Floor Joist System " tall galvanized steel Floor Decking /4" interlocking sturdi-floor premium OSB floor decking Aluminum threshold at door Included Door Hardware Patented 6" locking handle and 3 ultra heavy-duty hinges Steel-Reinforced Door Size ' x 6' placed on any wall Interior Clear Sidewall Height Wall Framing x 4 studs spaced 16" on-center 2 x 4 Wall Top Plates 2 plates on all walls Siding Type LP® SmartSide w/50-Year warranty Trim Type LPV SmartTrim w/50-Year warrant Roof Decking /16" premium OSB roof decking Rafters and Trusses 2 x 4 rafters joined w/steel plates Colored, Baked Enamel Drip Ede Included on perimeter of roof Roofing Felt Paper 15#felt included Owens Corning Shingles 25-year 3-tab composition shingles Eave Type " flat sidewall eave Roof pitch at peak 5/12) On-Site Installation Included* Yes Tuff Shed Contractor License Numbers ]A, CONTRACTOR REGISTRATION CERTif ICATI": C000431 Page 133 of 232 ti ;•moi f. J I B'UT ILITY EA SEM FIN T,, 1 00.00• 170,2 N m _ a y r m o q N y N O (n o „ w U < 2E m b C o ff N o o (j 9 0 1oo90 HOkz94:L N/AGA-,FA /om goo• — 9Q' �o ioz.z' ��. 0 a 131" fu i i ti ico00' vo" 40' 49.6• /00' " 90' 90' 49.5" �4 l_ NORTN HACKE7T t RDA p n 1_ -•.-.--_�-�~-T-^—^'-`— —_—T - _ I• --_VACA7E0 ORD.5170 0-26 2013) - J v' V UTILITY A INGRESS/EGRESS LASEMENT RLTAINLD I: � O Oho Page 134 of 232 February 6,2018 REQUEST: Request by Michael Crane to vacate a platted 20' easement located along the southerly property line for construction of a 12' X 16' 192 square foot shed located at 235 Niagara Drive. APPLICANT: Michael Crane, 235 Niagara Drive, Waterloo, Iowa 50701 GENERAL The applicant is requesting to vacate a utility easement. DESCRIPTION: IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO The Trolley Car Trail is located just to the north of Grand RECREATIONAL Boulevard. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed site is zoned "R-1" One and Two Family FOR SITE AND Residence District and has been zoned as such since the adoption IMMEDIATE VICINITY: of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Residential zoned "R-1" One and Two Family Residence District, Trolley Car Trail and Castle Hill Park. South — Residential zoned "R-1" One and Two Family Residence District. East — Residential zoned "R-1" One and Two Family Residence District. West — Residential zoned "R-1" One and Two Family Residence District. DEVELOPMENT The house on the site was built in 2001. There is one residence HISTORY: from 1916, one from 1931 with most residences in the area being built between 1978 and 2003. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the easement will not have an effect on drainage. FLOODPLAIN: No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0169F, dated July 18, 2011. Vacate Easement at 235 Niagara Pc-Fg@P1 35 of 232 February 6,2018 PUBLIC /OPEN The nearest schools are Fred Becker Elementary located 1.56 SPACES/ SCHOOLS: miles to the southeast, Central Middle School located 1.61 miles to the south, and West High school is located 4 miles to the southeast. The nearest open space is Castle Hill Park located immediately to the northwest across Grand Boulevard. UTILITIES: WATER, There are no known utilities located in the easement located along SANITARY SEWER, the south property line. There is a 8" Sanitary Sewer line located in STORM SEWER, ETC the center of Niagara that starts just to the north of the property. RELATIONSHIP TO The Future Land Use Map designates the property as Low Density COMPREHENSIVE Residential. LAND USE PLAN: STAFF ANALYSIS — The applicant is requesting to vacate a platted 20' easement ZONING located along the southerly property for construction of a 12' X 16' ORDINANCE: 192 square foot shed. These easements were created as part of a minor plat that was approved in July of 1994. There appears to be no utilities located in the easement and no future need for the easement. During Tech Review Engineering had concerns if MidAmerican would have issues accessing the easement on the west side of the property if this one was vacated. MidAmerican indicated that they do not have an issue with the vacate and it will not affect their access to the west easement. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to vacate a platted RECOMMENDATION: 20' easement located along the southerly property line for construction of a 12' X 16' 192 square foot shed approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. There appears to be no need for the easements. Vacate Easement at 235 Niagara Pc-Fg@Pi 3f6 of 232 CITY OF WATERLOO Council Communication Sale and conveyance of City owned property generally located in the Walnut neighborhood to Iowa Heartland Habitat for Humanity in the amount of$1.00, with a development agreement. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 10:47 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:26 AM ATTACHMENTS: Description Type ❑ Heartland Habitat for Humanity DA Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral an written comments. Resolution authorizing sale and conveyance of seven city owned properties SUBJECT: generally located within the Walnut Neighborhood, to Iowa Heartland Habitat for Humanity for$1.00, and authorize the Mayor and City Clerk to execute necessary documents. Resolution approving a Development Ageement with Iowa Heartland Habitat for Humanity and authorizing the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval of Development Agreement The City has been working in partnersahip with JSA, Habitat, Walnut Court, the Walnut Neighborhood Association, and Central Property Holdings, for the redevelopment of the Walnut Neighborhood area. This Development Agreement will work to take positive actions to start some of the redevelopment of the neighborhood on a planned schedule for improvement. This agreement would sell and convey seven lots/homes owned by the City of Waterloo to allow Habitat to build new homes on them or rehabilitate the homes on them. This is expected to save the City of Waterloo approximately $5,000- $7,000 per year in maintenance costs. Habitat willbe on a ten year timeline to build new homes or rehabilitate the homes on these lots. This can generate an additional$3,000 to $10,000 per year in taxes dependent upon when they are finished. It is a complete turnaround of the City spending money in this neighborhood, to the new development and redevelopment of the neioghborhood generating new tax base, residents, Page 137 of 232 Summary Statement: and revenue to the community. The City is paying $28,000 in costs to Habitat to acquire land in this area, to help with the overall goal of the neighborhood revitalization, the creation of new commercial and jobs in the area with the Grocery Store and restaurant development, and Habitat will work in partnership to donate lots to the commercial development for the new Larsen parking lot location. The City is also acquiring land in the Church Row area from Habitat to help cleanup that area, as the City has other lots in that area, to start the process to setup that neighborhood as one of our future partnership neighborhoods for redevelopment. And lastly, the City is working through our 657A Policy guidelines to offer assistance for the redevelopment of 3 homes being sold, for demo lition/rehabilitation. Expenditure Required: $43,000 Source of Funds: Logan TIF cash and bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- for the startup of new businesses, Policy Issue: creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Habitat for Humanity and the City of Waterloo have worked together for decades,but more recent projects (former Irving School site)have really raised the bar on working together to transform neighborhoods and create Background Information: new housing units that are compatible to the existing environment. This agreement is the next step in public-private partnerships for neighborhood transformation, as the City is working with several positive entities to redevelop this area. 8913-24-157-003. RAILROAD ADDITION WATERLOO NORTH 45 FEET SOUTH 90 FEET LOT 12 BLOCK 19 NORTH 45 FEET SOUTH 90 FEET LOT 13 BLOCK 19. 8913-24-162-002. RAILROAD ADDITION WATERLOO N 64 FT LOT 17 BLK 30. 8913-24-163-002. RAILROAD ADDITION WATERLOO LOT 14 BLK 29. (a/k/a 408 Saxon Street) Legal Descriptions: 8913-24-163-021. RAILROAD ADDITION WATERLOO N 35 FT S 70 FT LOT 13 BLK 29. (a/k/a 314 Clay Street) 8913-24-303-014. COOLEYADDITION E 30 FT LOT 5 BLK 66. Page 138 of 232 8913-24-303-021. COOLEYADDITION S 22 FT N 44 FT LOT 12 BLK 66. 8913-24-163-020 RAILROAD ADDITION WATERLOO S 35 FT LOT 13 BLK 29 (a/k/a 312 Clay Street) Page 139 of 232 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234-5701 Name Address city Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between Iowa Heartland Habitat for Humanity (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 proposes to finance and construct single-family homes and related improvements on various properties in the Walnut Neighborhood. Said properties are identified on Exhibit "A" attached hereto (the "Properties") and are located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, which includes the former Logan Plaza Urban Renewal and Redevelopment Plan Area. C. City believes that development of the projects is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the projects have been or will be undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Properties; Title. Subject to the terms hereof, City shall convey the Properties, or cause them to be conveyed, to Company for the sum of $1.00 for each separate parcel (the "Purchase Price"), but if Company desires to obtain the benefits described in Section 6.C, then for the Properties identified therein Company Page 140 of 232 DEVELOPMENT AGREEMENT Page 2 may choose to defer closing said parcels until ready to proceed. Each separate parcel is referred to as a "Lot." Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving a Lot; and (d) restrictions imposed by City zoning ordinances and other applicable law. Conveyance shall occur within sixty (60) days after approval of this Agreement by the Waterloo City Council, on a date mutually acceptable to the parties. No less than fourteen (14) days prior to the anticipated date of conveyance, City will provide for update whatever abstracts of title it has in its possession, if any, or in lieu thereof Company may have a new abstract created or obtain whatever form of title evidence it desires. All abstracting and title work shall be at the sole expense of Company. 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 or may refuse to accept conveyance of any Lot. 2. Improvements by Company. Company shall construct at its own expense upon each Lot one (1) single-family home as further described and depicted in Exhibit "B" attached hereto. Company shall make no substantial deviation from the general plans, specifications or designs set forth on Exhibit "B" without the prior written consent of City. No more than one home shall be constructed on each Lot, and each Lot upon which a home will be constructed shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Properties, the Improvements, and all site preparation and development-related work to make the Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Further Conditions. The parties agree that the condition set forth in the following paragraphs of this Section 3 constitute Company's commitment to undertake the Project and to construct the Improvements in a timely manner, that such conditions are therefore a material inducement for the City to convey the Properties to Company, and that without said commitment City would not do so. A. Company must obtain a building permit and begin construction of a single-family residence on one of the Lots by August 1, 2019 (the "Required Start Date"), and construction of Improvements on such Lot shall be completed within 12 months thereafter. B. Company must complete construction of one single-family residence upon each Lot within ten (10) years after the Required Start Date (the "Project Completion Date"). Page 141 of 232 DEVELOPMENT AGREEMENT Page 3 C. At any time that Company holds title to a Lot until the Project Completion Date, Company must mow all Lots and remove snow and ice from sidewalks upon or abutting said Lots in conformity with City ordinance. If Company has not met any of the conditions set forth above in subsections A-C of this Section 3, then title shall revert to the City as to each Lot on which the construction of Improvements has not been substantially completed. Improvements that are not substantially completed are those that are not, within thirty (30) days, capable of completion to a state for which a certificate of occupancy can be issued. 4. Possibility of Reverter; Release. As to any condition set forth in Section 3 that has not been timely satisfied, the City Council may, but shall not be required to, consent to an extension of time. As to any condition pertaining to construction of Improvements, if an extension is granted but construction of the Improvements has not begun or is not completed, as applicable, within such extended period, then title shall revert to the City after the end of said extended period as set forth in Section 3. If development has timely commenced or commenced within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the original or extended Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title shall revert to the City as set forth in Section 3. In connection with any sale by Company of a Lot on which the construction of Improvements has been completed, City agrees to release such Lot from the conditions and restrictions set forth in this Agreement. A release of any such Lot part shall not affect the continued effectiveness and enforceability of this Agreement as to any other Lots that are not specifically released. 5. Reverter of Title. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request, to effectuate said reverter and to deliver to City title to the Properties, or so much thereof as is required to revert pursuant to Section 3, that is free and clear of any lien, claim, or encumbrance arising by or through Company. Concurrently with the deed, Company shall deliver to City the abstracts of title for Properties conveyed. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Properties subject to reversion. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Page 142 of 232 DEVELOPMENT AGREEMENT Page 4 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. A. Grant. City will make a one-time development grant to Company in the amount of $28,000.00, payable when title to the Property is conveyed to Company. Company will use the grant to cover the direct cost of acquisition of additional properties in the Walnut Neighborhood, which is defined for purposes of this Agreement as the area bounded by East 4t" Street, Franklin Street, U.S. Highway 63, and Dane Street. No later than 24 months after the date of payment, Company will provide to City a complete accounting of how the grant funds have been expended, including identification of properties acquired. Upon expiration of said 24-month period, Company will promptly refund to City any part of the grant that has not been spent for approved purposes. B. Property Transfer. When City conveys the Properties to Company, Company shall convey to City by special warranty deed the title to property located at 706 W. Park Avenue, Waterloo, free and clear of all encumbrances arising by or through Company except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right- of-way easements serving said property; and (d) restrictions imposed by City zoning ordinances and other applicable law. No less than fourteen (14) days prior to the anticipated date of conveyance, Company will provide for update whatever abstracts of title it has in its possession, if any, or in lieu thereof City may have a new abstract created or obtain whatever form of title evidence it desires. All abstracting and title work shall be at the sole expense of City. If title is unmarketable or subject to matters not acceptable to City, and if Company does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from City, City may refuse to accept conveyance of said property. C. Demolition/Rehab Reimbursement. The parties acknowledge that the properties located at 408 Saxon Street (parcel 8913-24-163-002), 312 Clay Street (parcel 8913-240163-020), and 314 Clay Street (parcel 8913-24-163-021) are occupied by structures that may need to be demolished. Provided that Company completes construction on lots, as required by City policy applicable to properties acquired pursuant to Iowa Code Chapter 657A, then following issuance of a certificate of occupancy for the Improvements made by Company on those Lots the City will reimburse to Company all reasonable, documented expenses, not to exceed $5,000.00, incurred by Company for asbestos abatement, rehabilitation, and demolition. D. Development Coordination. The parties acknowledge that City is making aggressive efforts to spur development and rehabilitation projects in the Walnut Neighborhood area, where the Properties are located. One project involves construction of a new parking lot for the use of a senior living facility at Page 143 of 232 DEVELOPMENT AGREEMENT Page 5 315 Walnut Street, which is to be coordinated with a project to construct a new grocery store in the near vicinity. To assist City in its development efforts, Company agrees to cooperate with City to identify lot(s) in Block 69 of Cooley Addition that can be repurposed for the above-described parking lot. The lot will be conveyed by warranty deed to a developer to be identified by City. 7. Purchase Rights. Subject to any other agreements to which the City is a party as of the date of this Agreement, if City hereafter acquires any additional properties for residential redevelopment purposes lying within the area bounded by E. Mullan Avenue, Dane Street, E. 4" Street, and Franklin Street, then Company shall have a right of first refusal to purchase any such property. Said right may be exercised at any time within nine (9) years of the Required Start Date, by delivery of written notice of exercise to City. The terms of this Agreement shall govern the purchase and development of any residential property so acquired. 8. Indemnity. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Properties of any type or nature whatsoever that attaches to the Properties by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 9. No Encumbrances; Limited Exception. Until substantial completion of the Project, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Properties lying within any such phase, other than such mortgage or mortgages as may be reasonably necessary to finance Company's undertaking of the Project and of which Company notifies City in advance of Company's execution of any such mortgage. 10. Water and Sewer; Utilities. Company will be responsible, at its own expense, for extending water, sewer and utilities services from their current location to any location on the Properties and for payment of any associated connection fees. 11. 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. Page 144 of 232 DEVELOPMENT AGREEMENT Page 6 12. 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. 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in any platted lot within the Properties prior to substantial completion of Improvements for such lot, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement and to extend to Company the development incentives provided for herein. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement and extended such incentives. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. 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, to City of Waterloo, 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. Page 145 of 232 DEVELOPMENT AGREEMENT Page 7 (b) if to Company, to Iowa Heartland Habitat for Humanity, 803 W. 5" Street, Waterloo, Iowa 50702, Attention: Executive Director. 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. A party may change the address for giving notice by any method set forth in this Section. 16. 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. 17. 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. 18. 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. 19. 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. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Page 146 of 232 DEVELOPMENT AGREEMENT Page 8 21. 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. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, 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. 23. 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 HEARTLAND HABITAT FOR HUMANITY By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk Page 147 of 232 EXHIBIT "A" Legal Description of Properties 8913-24-157-003. RAILROAD ADDITION WATERLOO NORTH 45 FEET SOUTH 90 FEET LOT 12 BLOCK 19 NORTH 45 FEET SOUTH 90 FEET LOT 13 BLOCK 19. 8913-24-162-002. RAILROAD ADDITION WATERLOO N 64 FT LOT 17 BLK 30. 8913-24-163-002. RAILROAD ADDITION WATERLOO LOT 14 BLK 29. (a/k/a 408 Saxon Street) 8913-24-163-021. RAILROAD ADDITION WATERLOO N 35 FT S 70 FT LOT 13 BLK 29. (a/k/a 314 Clay Street) 8913-24-303-014. COOLEY ADDITION E 30 FT LOT 5 BLK 66. 8913-24-303-021. COOLEY ADDITION S 22 FT N 44 FT LOT 12 BLK 66. 8913-24-163-020 RAILROAD ADDITION WATERLOO S 35 FT LOT 13 BLK 29 (a/k/a 312 Clay Street) Page 148 of 232 CITY OF WATERLOO Council Communication Demolition and site clearance services contract for 807 East 4th Street and 809-811 East 4th Street. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 10:58 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:43 AM ATTACHMENTS: Description Type D Detailed Report 807 East 4th Street Cover Memo ❑ Detailed Report 809-811 East 4th Street Cover Memo ❑ RFB-Request for Bids Cover Memo ❑ Bid Tab Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirmingapproval of plans, specifications, form of contract etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Community Planning and Development Director. Submitted by: Submitted By:Noel Anderson,C ommunity Planning and Development Director Recommended Action: Approval As you are aware the city has entered into a development agreement to partner with the Boys and Girls Club to demolish the dilapidated structures to make way for a new 10,550 square foot Boys and Girls Club Teen Center Summary Statement: that will start construction in 2018. The property at 809-811 East 4th Street has been vacant with no utilities since approximately 2006 and the property at 807 East 4th has seen very little viable uses over the years and is being donated to the Boys and Girls Club to enable more room for the construction of the Teen Center. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance abatement and Redevelopment Page 149 of 232 The property at 809-811 East 4th where acquired through Iowa Code 657A (ABANDONED OR UNSAFE BUILDINGS ABATEMENT BY REHABILITATION, §657A.10A). Background Information: 657A.IOA Petition by city for title to abandoned property. 1. a. In lieu of the procedures in sections 657A.2 through 657A.10, a city in which an abandoned building is located may petition the court to enter judgment awarding title to the abandoned property to the city. Page 150 of 232 1/31/2018 Printable Map Output Black Hawk County Parcel Map Parcel ID-' 8913-24-307-007 --- -------------------------- ------ --- Deed Holder: CITY OF WATERLOO Parcel Address: 809-811 E 4TH ST, WATERLOO, IA 50703 5 1 s porcaldlm Lhospdal Asrial Photos >M. ., ••A; �V r♦r �_. ahporl Black Hawk N. _ r.-,-- - nrad�ol *,. "tit �,•r,lt.•'T.I.��r j. parks_ ; parks n� hvprna M Railroads v f �''.v .' `3n•� - , I ' I•i_w. ti 80"_ Townships ,� sacuons r. �. ' 'dpINR' Water •;� - r. Q.Gs Riph4ohWaY u Township . I City uno railroad dim —ddim 2111111111VI wshma M. - Tt b � i w• 1 .. 1 r3 PINE ST. t k1r A12Y.1 I . i �•{i himi created"Ml`i ArC AIS"Capyrlght{CI 1992 20 1 , I Inc. p Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor co.black-hawk.ia us.or< information. Page 151 of 232 1/1 t 113112018 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address $913-24-307-007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer TTN: FINANCE DEPARTMENT 13 E WATERLOO-C TE LOO IA 50703-0000 Property Address Current Recorded Transfer i 809-811 E 4TH ST Date Drawn Date Filed Recorded Document pe WATERLOO, IA 50703-0000 6/14/2017 6/16/2017 2017 022168 D i' SALES BUILDING PERMIT Date mount NUTC 1 Type Date Number Amount Reason 1312013 49,109 VACANT BUILDING- 12!Contract 7/25/2008 WA 04700 5,000C 6/20/2012 4,000 SALE WITH CONSIDERATION PAID 7/25/2008 WA 04701 5,000 C FOR REAL PROPERTY OF$10,000 OR 712512008 WA 04702 5,000 C LESS - 121 Deed 7/25/2008 WA 04703 15,000 IC 7116120091,251 SHERIFF OR TAX SALE -09111 1 Deed 1!27/2006 5,000 NORMAL ARMS-LENGTH TRANSACTION - PRIOR 091 Contract ASSESSED VALUESICREDITS ear Class 2017 E 100% =Land Land Dwelling Building otal cres I' I Value 10,8007Multi-Residential 0 _ 20,600 31,400 0 Taxable Land Multi-Residential Land Dwellin Buildin otal Value 10,800 0 0 20,600 31,400 Year Class _ 2016 C 100% Land Multi-Residential Land Dwelling Building otal cres aloe 10,800 0 120,600 31,400 0 Taxable Land Multi-Residential Land Dwelling Building otal Value 9,720 0 0 18,540 28,260 Year Class 2015 C 100% Land Multi-Residential Land Dwellin Buildingotal cres Value 10,800 0 0 120,600 131,400 0 Taxable LandMulti-Residential Land Dwelling Building Total Value 9,720 0 0 118,540 28,260 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp31,400 28,260 4 0.33157 $1,139.77 $722.00 r�_ 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief g Business Property Tax Credit Credit Credit Credit Credit $0.00 $0.00 $0.00 $0.00 $418.69 ocrp $0.00 Page 152 of 232 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 113 1/31/2018 Black Hawk County Detailed Parcel Report LEGAL COOLEY ADDITION N 30 FT LOT 2 BLK 68 ALL LOT 3 BLK 68 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Sq. Ft. 90 90 160 160 0 14400 0.331 !Dimensions Totals: 14400 0.331 i COMMERCIAL BUILDINGS AND ADDITIONS T e Description IYear Built rea Stories Store- Retail Small 131-1S C'BLK 1912 2868 1 Style C'Blk- Frame Additional Base Square Feet 2,868 Information Basement Square Feet 0 GBA Square Feet 2868 Item Quantity Plumbing Toilet Room _r 3 Lavator 1 Extras Description Item Count Extended Description Porch Commercial 1 30 SF, Porch, Average Pricing MONO lnmmmmmngei Description_ Size Ftr& Fdtn C'Blk or Tile _ 0: LF Exterior Wall C'Blk or Tile- 0. LF Interior Wall Panel -Softwood 0: LF i. Interior Wall Plaster on Metal 0: LF Wall Facing Cement Brick Venee � 0: SF VV'indows Incl.w 1 Base 0: LF of Wall Fronts/Doors Incl.w/Base 0: LF erticals & Roof 3-PI Compo/Wood Deck _ 2868: SF Horizontals Ceilin Dr wall 2868: SFIStor Ceilin Sus ended Blk-Mineral 0: SF/Story Struct. Floor 4" R'Concrete __ _ 2868: SF Floor Cover Asphalt Tile 2868: SF Floor Cover Car et 0: SF Partitions Retail Store(Small 2868: P/Unit Framing Wood -Average A` R 2868: SF HVAC Combination FHA-AC 868: SF Lighting Retail Store Small 2868: SF Entry Status: Estimated Page 153 of 232 http://www2,co,black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 213 1/31/2018 Black Hawk County Detailed Parcel Report r 4?�O�OO��J UQ=4�Z s 41 is 101 BI-IS C'BLK [2868] 80 8 12 12 15 C'BLK OP [30] Date Website Last Updated: 01/25/2018 Page 154 of 232 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 3/3 1/31/2018 Printable Map Output Black Hawk County Parcel Map Parcel ID-' 8913-24-307-007 --- -------------------------- ------ --- Deed Holder: CITY OF WATERLOO Parcel Address: 809-811 E 4TH ST, WATERLOO, IA 50703 5 1 s porcaldlm Lhospdal Asrial Photos >M. ., ••A; �V r♦r �_. ahporl Black Hawk N. _ r.-,-- - nrad�ol *,. "tit �,•r,lt.•'T.I.��r j. parks_ ; parks n� hvprna M Railroads v f �''.v .' `3n•� - , I ' I•i_w. ti 80"_ Townships ,� sacuons r. �. ' 'dpINR' Water •;� - r. Q.Gs Riph4ohWaY u Township . I City uno railroad dim —ddim 2111111111VI wshma M. - Tt b � i w• 1 .. 1 r3 PINE ST. t k1r A12Y.1 I . i �•{i himi created"Ml`i ArC AIS"Capyrlght{CI 1992 20 1 , I Inc. p Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:auditor co.black-hawk.ia us.or< information. Page 155 of 232 1/1 t 113112018 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address $913-24-307-007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer TTN: FINANCE DEPARTMENT 13 E WATERLOO-C TE LOO IA 50703-0000 Property Address Current Recorded Transfer i 809-811 E 4TH ST Date Drawn Date Filed Recorded Document pe WATERLOO, IA 50703-0000 6/14/2017 6/16/2017 2017 022168 D i' SALES BUILDING PERMIT Date mount NUTC 1 Type Date Number Amount Reason 1312013 49,109 VACANT BUILDING- 12!Contract 7/25/2008 WA 04700 5,000C 6/20/2012 4,000 SALE WITH CONSIDERATION PAID 7/25/2008 WA 04701 5,000 C FOR REAL PROPERTY OF$10,000 OR 712512008 WA 04702 5,000 C LESS - 121 Deed 7/25/2008 WA 04703 15,000 IC 7116120091,251 SHERIFF OR TAX SALE -09111 1 Deed 1!27/2006 5,000 NORMAL ARMS-LENGTH TRANSACTION - PRIOR 091 Contract ASSESSED VALUESICREDITS ear Class 2017 E 100% =Land Land Dwelling Building otal cres I' I Value 10,8007Multi-Residential 0 _ 20,600 31,400 0 Taxable Land Multi-Residential Land Dwellin Buildin otal Value 10,800 0 0 20,600 31,400 Year Class _ 2016 C 100% Land Multi-Residential Land Dwelling Building otal cres aloe 10,800 0 120,600 31,400 0 Taxable Land Multi-Residential Land Dwelling Building otal Value 9,720 0 0 18,540 28,260 Year Class 2015 C 100% Land Multi-Residential Land Dwellin Buildingotal cres Value 10,800 0 0 120,600 131,400 0 Taxable LandMulti-Residential Land Dwelling Building Total Value 9,720 0 0 118,540 28,260 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp31,400 28,260 4 0.33157 $1,139.77 $722.00 r�_ 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief g Business Property Tax Credit Credit Credit Credit Credit $0.00 $0.00 $0.00 $0.00 $418.69 ocrp $0.00 Page 156 of 232 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 113 1/31/2018 Black Hawk County Detailed Parcel Report LEGAL COOLEY ADDITION N 30 FT LOT 2 BLK 68 ALL LOT 3 BLK 68 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Sq. Ft. 90 90 160 160 0 14400 0.331 !Dimensions Totals: 14400 0.331 i COMMERCIAL BUILDINGS AND ADDITIONS T e Description IYear Built rea Stories Store- Retail Small 131-1S C'BLK 1912 2868 1 Style C'Blk- Frame Additional Base Square Feet 2,868 Information Basement Square Feet 0 GBA Square Feet 2868 Item Quantity Plumbing Toilet Room _r 3 Lavator 1 Extras Description Item Count Extended Description Porch Commercial 1 30 SF, Porch, Average Pricing MONO lnmmmmmngei Description_ Size Ftr& Fdtn C'Blk or Tile _ 0: LF Exterior Wall C'Blk or Tile- 0. LF Interior Wall Panel -Softwood 0: LF i. Interior Wall Plaster on Metal 0: LF Wall Facing Cement Brick Venee � 0: SF VV'indows Incl.w 1 Base 0: LF of Wall Fronts/Doors Incl.w/Base 0: LF erticals & Roof 3-PI Compo/Wood Deck _ 2868: SF Horizontals Ceilin Dr wall 2868: SFIStor Ceilin Sus ended Blk-Mineral 0: SF/Story Struct. Floor 4" R'Concrete __ _ 2868: SF Floor Cover Asphalt Tile 2868: SF Floor Cover Car et 0: SF Partitions Retail Store(Small 2868: P/Unit Framing Wood -Average A` R 2868: SF HVAC Combination FHA-AC 868: SF Lighting Retail Store Small 2868: SF Entry Status: Estimated Page 157 of 232 http://www2,co,black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 213 1/31/2018 Black Hawk County Detailed Parcel Report r 4?�O�OO��J UQ=4�Z s 41 is 101 BI-IS C'BLK [2868] 80 8 12 12 15 C'BLK OP [30] Date Website Last Updated: 01/25/2018 Page 158 of 232 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 3/3 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] 807 East 4th Street and 809-811 East 4th Street Minimum of 98% Compaction Required Prepared by City of Waterloo Planning and Zoning Department Page 159 of 232 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 of 807 East 4th Street and 809-811 East 4th Street All bids must be received in a sealed envelope in City Hall (date and time stamped) by Thursday March 1, 2018 at 1:00 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— 807 East 4th Street and 809-811 East 4th Street 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES- 807 East 4th Street and 809-811 East 4th Street Notice of RFP Date: Thursday February 1, 2018 Mandatory Walk thru Date: Monday February 26, 2018 at 10 a.m. If you cannot attend you may call for a walk thru date at any time between February 26 through March 1, 2018. Deadline for Bid Submittal: Thursday March 1, 2018 at 1:00 p.m., Central Time. Contract Award will be March 5, 2018 Submit Sealed Bid to: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM )- 807 East 4th Street and 809-811 East 4th Street Address exactly as stated—>—>—> 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.western(a-waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 RFP FOR DEMOLITION SERVICES(no RACM)807 East 4th Street and 809-811 East 4th Street Page 160 of 232 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. 1.4 Bids will be opened on Thursday March 1, 2018, at 1:00 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. 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 RFP FOR DEMOLITION SERVICES(no RACM)807 East 4th Street and 809-811 East 4th Street Page 161 of 232 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. 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". RFP FOR DEMOLITION SERVICES(no RACM)807 East 4th Street and 809-811 East 4th Street Page 162 of 232 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, starting (March 20, 2018) to (April 20, 2018). 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) 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 RFP FOR DEMOLITION SERVICES(no RACM)807 East 4th Street and 809-811 East 4th Street Page 163 of 232 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. 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: 807 East 4th Street and 809-811 East 4th Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures 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. RFP FOR DEMOLITION SERVICES(no RACM)807 East 4th Street and 809-811 East 4th Street Page 164 of 232 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. 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)807 East 4th Street and 809-811 East 4th Street Page 165 of 232 EXHIBIT""A" SIGNATURE PAGE 807 East 4th Street and 809-811 East 4th Street- Minimum of 98% Compaction Required. 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,for demolition, site clearance and minimum of 98% back fill compaction of the site is, and will not exceed: 807 East 4th Street $ 809-811 East 4th Street $ The contractor with the lowest total bid for both properties will be award the contract. 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: ❑ We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date Page 166 of 232 DEMOLITION SERVICES AT 807 & 809-811 E. 4TH Bid Tab: March 1, 2018 Estimate: A: $1300 Estimate: B: $18,000 Bidder Bid Security Bid Amount Kelly Demolition & Excavating, LLC ° A: $19,800.00 Mount Vernon, IA 5/0 B: $25,550.00 Peterson Contractors Inc. A: $10,660.50 Reinbeck, IA 5% B: $16,491.00 Benton's Sand & Gravel A: $12,770.00 Cedar Falls, IA Chk. 5% B: $16,840.00 Frickson Bros. Excavating ° A: $15,000.00 Evansdale, IA Chk. 5/o B: $25,000.00 Lehman Trucking & Excavating, Inc. ° A: $ 9,000.00 Waterloo, IA 5/0 B: $10,000.00 * A = 807 E. 4th Street * B = 809-811 E. 0' Street Page 167 of 232 CITY OF WATERLOO Council Communication Resolution approving a request by CGA Engineers on behalf of BCS Properties, LLC for the final plat of Village West 2nd Addition, a three lot commercial subdivision, located at the northeast corner of Highway 63 and West Ridgeway Avenue. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 10:13 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:47 AM ATTACHMENTS: Description Type D Attachments - Village West 2nd Add Final Plat Cover Memo Resolution approving a request by CGA Engineers on behalf of BCS SUBJECT: Properties, LLC for the finalplat of Village West 2nd Addition, a three lot commercial subdivision; located at the northeast corner of Highway 63 and West Ridgeway Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request for the final plat of Village West 2nd Addition, a three lot commercial subdivision located at the northeast corner of Highway 63 and West Ridgeway Avenue. Please fmd attached to this council transmittal the following items: • Staff report • Aerial photograph • Final Plat • Legal Description • Contract Petition and Waivers • Report of City Engineer The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezoning and plat requests. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West Ridgeway Avenue, which is classified as a Minor Arterial, and Highway 63 is immediately to the west and is classified as a Principal Arterial. The proposed plat shows a new 31' wide street being dedicated and extending Page 168 of 232 northward from West Ridgeway Avenue in a 60' right-of-way, and the Summary Statement: proposed name is Foundation Drive, and there is sidewalk shown on both sides of that new street. Platting of the land would not appear to have a negative impact upon drainage in the area, however, as the area develops, it will be necessary that a storm water detention plan is submitted to the Engineering Department for review and that storm water is properly detained upon the site. The City of Waterloo's storm water ordinance requires for new subdivisions that there be a place provided for storm water detention, and the storm water management plan is designed to hold back the runoff from a 100-year rain event. The submitted plat shows three new lots along West Ridgeway Avenue and the extension of a new street(Foundation Drive) in a 60' right-of-way northward, which is labeled as Tract A. Lot sizes of the three lots are 1.53, 1.82 and 2.57 acres in size. A new 8"water and sanitary sewer will be constructed in Foundation Drive, that can serve the subdivision. There is also sanitary sewer in West Ridgeway Avenue that serve Lots 2 and 3. A 62' ingress/egress easement is shown across the fronts of Lots 2 and 3 to allow for the movement of traffic between the two lots to access Foundation Drive of the existing driveway to the east of the plat. At the February 6, 2018 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the the fnial plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A SAID PROPERTY IS LEGALLY DESCRIBED AS: VILLAGE WEST 2ND ADDITION LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33: THENCE, N1°31'16"W 49.91' ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAYAVENUE,ALSO BEING THE POINT OF BEGINNING; THENCE, S89°06'08"W 555.00' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 63; THENCE, NO°54'19"W 70.00' ALONG SAID Page 169 of 232 EAST RIGHT OF WAY LINE; THENCE, S89°05'44"W 13.62' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N1°04'26"E 148.09' Legal Descriptions: ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N89°06'08"E 492.19'; THENCE, NO°53'52"W 56.98'; THENCE, N89°05'14"E 482.86'; THENCE, SO-54'46"E 275.00' TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE; THENCE, S89005'14"W 411.60' ALONG SAID NORTH RIGHT OF WAY LINE, TO THE POINT OF BEGINNING, CONTAINING 5.51 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT IS A TRUE REPRESENTATION OF SAID PROPERTY IN ACCORDANCE WITH MY FIELD NOTES; THAT THE DIMENSIONS OF THE STREETS, LOTS, AND EASEMENTS DEPICTED ON SAID PLAT ARE IN FEET AND DECIMALS THEREOF; AND THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. Page 170 of 232 February 6,2018 REQUEST: Request by CGA Engineers on the behalf of BCS Properties, LLC for the final plat of Village West 2nd Addition. APPLICANT: CGA Engineers, 16 East Main Street, Marshalltown, IA 50158 GENERAL The applicant is requesting to plat three commercial lots along DESCRIPTION: West Ridgeway Avenue near its northeast intersection with Highway 63. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use. The area is currently SURROUNDING seeing an increase in new commercial development with recent LAND USE: approvals of rezoning and plat requests. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by West Ridgeway Avenue, which is classified as a Minor CONDITIONS: Arterial, and Highway 63 is immediately to the west and is classified as a Principal Arterial. The proposed plat shows a 60' right-of-way (Tract A) where Foundation Drive will be constructed. The deed of dedication indicates that sidewalk would be extended along all street frontages in the subdivision, however, in Village West 1 st Addition to the east of 1850 West Ridgeway Avenue, sidewalk was not required along West Ridgeway Avenue. Sidewalk in that subdivision was only required along Provision Parkway. With the continued growth that this area is experiencing, it may be necessary to investigate if specific traffic control methods should be looked at by the City Traffic Engineer to continue to provide for a safe transportation network. RELATIONSHIP TO There is a recreational trail located to the south of the site in RECREATIONAL question along West Ridgeway Avenue that connects to the TRAIL PLAN AND Sergeant Road Trail to the west along Highway 63. Further COMPLETE STREETS pedestrian accommodations could be added along the north side of POLICY: West Ridgeway in the future as the area develops. ZONING HISTORY The area in question is zoned "C-2" Commercial District and has FOR SITE AND been zoned as such since March 27, 2017. Surrounding land uses IMMEDIATE VICINITY: and their zoning are as follows: North — Vacant development ground and single family uses along Jane Street, zoned "R-2,C-Z" Conditional Zoning District and "R-2" One and Two Family Residence District. South — United Medical Park and existing commercial development, zoned "R-4,C-Z" Conditional Zoning District, "M-1" Light Industrial District and "A-1"Agricultural District. East —Vacant development ground and existing commercial development zoned "R-2,C-Z" Conditional Zoning District and "C-2" Commercial District. West — Existing light industrial development and Highway 63, W of 1850 W Ridgeway Ave—Village West 2"Add. PcQ617fll of 232 February 6,2018 zoned "M-1" Light Industrial District. DEVELOPMENT The area is comprised of commercial and professional office HISTORY: development. The area is beginning to experience an influx of new commercial development, with a strip mall and office building being constructed to the east of the plat in 2015 and 2016. Currently, Fusion Dance Studio and Black Hawk Gymnastics are under construction on Provision Parkway in Village West 1 st Addition. Directly across the street is United Medical Park, which was started in the late 1990s with expansions over the years, and the Iowa Department of Transportation regional office and maintenance facility. BUFFERS/ No buffers would be required as a part of this platting request. SCREENING However, as the area develops for commercial uses, it may be REQUIRED: necessary to screen new uses as growth continues northward towards existing residences. When new development occurs, it will be required that a proper landscaping plan is submitted for each new commercial development during the building permit review process. DRAINAGE: Platting of the land would not appear to have a negative impact upon drainage in the area, however, as the area develops, it will be necessary that a storm water detention plan is submitted to the Engineering Department for review and that storm water is properly detained upon each lot or a shared detention area. If there is a shared detention area, the deed of dedication needs to address who is responsible for the maintenance of the detention area. The water detention pond(s) need to be designed to hold back runoff from a 100-year rain event. FLOODPLAIN: Areas of the Zone A, 100-year floodplain encroach on the west and south sides of Lot 1 and the extreme northeast corner of Lot 3, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Any development within the 100-year floodplain would need to adhere to proper floodplain regulations as specified in the Zoning Ordinance, which would require that the lowest floor elevation is 1' above the 100-year floodplain elevation. PUBLIC /OPEN There are no schools located within the nearby vicinity. The SPACES/ SCHOOLS: Katoski Greenbelt is located approximately % of a mile to the west along West Ridgeway Avenue. UTILITIES: WATER, There is 4" drain tile, 10" sanitary sewer and 42" storm sewer SANITARY SEWER, located within West Ridgeway Avenue, directly to the south, and a STORM SEWER, ETC: 21" sanitary sewer within Highway 63 to the west, as well as an 8" sanitary sewer along the north side of West Ridgeway Avenue, east of Marnie Avenue. There are also plans to extend new 8" water, sanitary sewer and storm sewer within Foundation Drive. There is an existing 10' sanitary sewer easement in front of Lot 3 W of 1850 W Ridgeway Ave—Village West 2nd Add. PcQ6 472 of 232 February 6,2018 and it is assumed that lot will have sewer service from there, however, the plat does indicate how water will serve that site. RELATIONSHIP TO The Future Land Use Map designates this area as Business Park, COMPREHENSIVE and the proposed plat request would appear to be in conformance LAND USE PLAN: with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS — The applicant recently rezoned this area to "C-2" Commercial ZONING District in March of 2017 to allow for commercial development. The ORDINANCE: three proposed lots would appear to meet the requirements of that zoning district, as all building setback lines adhere to the setback requirements of the "C-2" Commercial District. The "C-2" Commercial District is not a planned commercial district, which means that when new development occurs on a lot in the subdivision, those plans are reviewed by staff and no special review is needed before the Planning and Zoning Commission. STAFF ANALYSIS — The submitted final plat shows three new lots being platted along SUBDIVISION West Ridgeway Avenue and a new street named Foundation Drive, ORDINANCE: which is labeled as Tract A, which has a size of 0.38 acres. Lot 1 has a size of 2.46 acres, Lot 2 is 1.19 acres and Lot 3 is 1.48 acres, and all proper setback lines are denoted. There is a 62' wide ingress/egress easement shown across the frontages of Lots 2 and 3 which will allow for access between the two lots to Foundation Drive and a driveway to the east that accesses West Ridgeway Avenue. The submitted deed of dedication has been reviewed by both planning and engineering staff and it is acceptable. STAFF Therefore, staff recommends that the request for the final plat of RECOMMENDATION: Village West 2nd Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The plat would provide for new commercial development, which would be compatible with already existing development in the vicinity. 3. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Business Park. 5. The request appears meets the requirements of the Subdivision Ordinance. W of 1850 W Ridgeway Ave—Village West 2"Add. PcQ6171 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2oi8 J SII � a i i56'3:a pSK I I DR UPLAND Z3 U=W KAT 5 g I R-R MEADOWBROOK L MARTIN RD R-2 m p y PIONEER RD p co 9� DEVONSHIRE DR LESLEY CIR M-1 JANE ST R-P a A-1 R-2,C-Z R-3;C-Z PATRICK CT M-2,P ° R-4 C-1 C.2 C-P R-3 C-1,C-Z W.IR GE AYAVE 63 M-1 ATHENS DR1H -TR-4,C-Z / ��o� A-1 B=P ��f o �4, �� o� CYCLONE DR A� LUO R-3 R-a R-F 0 PINE VIEW PL M-2, ; � R-1, P R-4 �� R-1 C0=Z' l/RST LN FD OLYMPIC DR M-1 R R-4, �.2 20 R 0"* N West of 185o West Ridgeway Aveue WE Final Plat - Village West 2nd Addition CGA Engineering 1,000 500 0 1..000 Feet Page 174 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2018 g� 1L b r 63 >: 63 A I 63 1850 W. Rigeway Avenue , J 63 Area to be Platted 63 63 W RIDGEWAYAVE W. RIDGEWAYAVE 63 * j �Y Lh -AI M i V Y J N West of 185o West Ridgeway Aveue WE Final Plat - Village West 2nd Addition s. CGA Engineering 250 125 0 250 Feet Page 175 of 232 City of Waterloo Planning, Programming and Zoning Commission February 6, 2018 C7 63 � 63 63 o f9 Y 1850 W. Riewa Avenue 63 Area to be Platted 63 mm W. ROGEWAYAV W. !,OGEWAYAVE 63 100-Year Floodplain - -' ' Q W a�� r Wlvbidl2�'. 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W a N a°Y iNwc���p Bio r=wo vw°i w=m Pxoo0Qw >z'o w �0 ao� z o CoQ 1.,'o- og�o O a >1,> ~oao � �o�wo 3 ooc> ¢ M, O W - s U z eQ Sp = �e z— — H m$ II a mm a I �h I I p m � m I � � W m d dx - > W a o0 I o 0 Esso _ i 8 –aaiaa mo7zeamaoa — __ I e – I -Moo a z ary – s Lu 3 3 8a Z SIB s III I I III , Oo I! N o r OWNER'S STATEMENT AND DEED OF DEDICATION FOR VILLAGE WEST 2ND ADDITION, WATERLOO, IOWA KNOW ALL MEN BY THESE PRESENTS: That BCS Properties, L,L.C. and GAC Real Estate, LLC, (collectively hereinafter "Owner"), being desirous of setting and platting into lots the land described in the attached Certificate of Survey by Jeremy A. Harris, Licensed Land Surveyor, dated the 30thday of January, 2018, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as VILLAGE WEST 2ND ADDITION Waterloo, Iowa, hereinafter "Development", all of which is with the free consent and desire of Owner, and Owner does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS. Owner does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, stone sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. All sanitary sewer easements shall be kept free and clear of any obstruction that hinders use of and access to the easements by maintenance equipment. II. COVENANTS, CONDITIONS,AND RESTRICTIONS. Owner does also covenant and agree for themselves, their successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Owner, or their successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing commercial park that 1 Page 179 of 232 compliments the property's natural resources. The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in the completed park that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Developer- shall mean and refer to BCS Properties, L.L.C. 2. Development- shall mean and refer to the real property described above. 3. Lot- shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Lot Owner- shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event a Lot Owner of any Lot consists of more than one person or entity, such persons shall within thirty(30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Lot Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for retail sales and office purposes. Further,upon written approval of Developer, Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including,but not limited to, banks, restaurants, etc.). 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, injurious to the reputation of any Lot in Development. b. Any use which is in violation of the laws of the United States, the State of Iowa, any other governmental authority having jurisdiction over 2 Page 180 of 232 Development. C. Bar, tobacco outlet, night club, adult entertainment, sale of firearms and related products, outdoor dog kennel, or tattoo parlor. d. Uses not otherwise permitted in Section II(C)(1) above. D. GENERAL SITE STANDARDS. 1. SETBACKS. The minimum setback lines from highways, streets, and interior property lines are shown on the Final Plat for Development. 2. BUILDING DESIGN. It is Developer's intent to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer. a. All construction shall conform to the requirements of the City of Waterloo, Black Hawk County, and the State of Iowa Building Code, current editions. Construction shall also conform to the requirements of ASHA and NFPA with regard to life/safety provisions. b. Construction on all Lots shall be diligently pursued and be completed within twelve (12) months of purchase and closing from Developer. In the event construction is not completed in one (1) year, Developer may at its option repurchase the Lot at the previous sale price.No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back-filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 3. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety, it is also the intent of these regulations to reduce adverse effects upon a tenant's lot and adjacent and nearby property; to screen unsightly situations,undesirable views, and incompatible land uses; to buffer noise and other disturbing sounds; and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. Landscape plans and any irrigation plans shall be submitted to and approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. 4. FENCING. The placement of all fences and the design and materials utilized shall be subject to the approval of Developer. 5. SITE GRADING AND DRAINAGE.No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by Developer. Further, no Lot Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. 3 Page 181 of 232 Stormwater shall be collected on-site and discharged in accordance with all federal, state, and local permits into Development stormwater systems. Drainage easements are more particularly shown on the plat of survey. 6. SIGNAGE. All signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture, Lot design, and the City of Waterloo zoning regulations. 7. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Lot Owner shall permit parking on any public street or access drive. Sufficient off-street parking should be developed at each Lot. Developer will request the City of Waterloo to declare that no parking will be allowed on any roadway. Hard surfacing of the parking area shall be required with an all-weather surface at least 5"thick. An adequate number of visitor and handicapped parking spaces shall be provided near the entrance to any building. Parking requirements shall be based in accordance with requirements of the City of Waterloo zoning ordinance. Variances to these parking requirements may be granted only by approval of both Developer and the City of Waterloo, Iowa. However, site space shall be reserved to meet the full parking requirements in the event of changes in building use or commuting patterns. Developer shall also have the ability to require more parking spaces per square foot if the tenants in a building if Developer has good faith rationale for the same. b. Driveways shall be required to be hard surfaced with a material suited to carry load of traffic in and out of building lot. Driveway width shall be a minimum of 22' with a minimum curb return radius of 20'. No driveway approach shall be permitted within 125' (curb to curb) of a street intersection. One curb cut is allowed for every 150', of street pavement frontage, but it may not be located closer than 100' from an adjacent curb cut. No lot shall have more than two curb cuts. All driveways and curb cuts shall be 50' from center of property line and are subject to Developer's approval and City of Waterloo requirements. As per City of Waterloo Standards and Specifications, the material and minimum thickness of driveways are six (6) inches of Portland Cement Concrete or seven and one half(7 %2)inches of Hot Mix Asphalt. C. Loading docks and other loading facilities will not be permitted to face W. Ridgeway Avenue or Foundation Drive. Provisions must be made for handling all freight on those sides' of a building which do not face a 4 Page 182 of 232 street. All loading docks and refuse collection facilities must be screened from public view in a manner approved by Developer. d. Articles, goods, materials, incinerators, trash bins, storage tanks, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and equipment from public view and view from adjacent buildings. 8. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area, parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. C. Light standards shall be restricted to a maximum height of 20'. Poles should be a neutral, color and compliment the park. d. All lighting installations shall conform to the latest edition of the National Fire Protection Association National Electric Code. e. Each tenant shall maintain all light fixtures in proper operating condition. f. Parking and driveway lights shall be of a style and color consistent with established Park standards and harmonize with the architecture of the proposed building on the Lot. 9. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible,utility lines shall be located adjacent to access drives to minimize disruption of landscaping during installation and maintenance of the lines.No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. All transformers shall be placed on or below the surface. 10. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. 11. DIRECT ACCESS. The Lots shall have the following access: a. Lot 1 may access West Ridgeway Avenue through a driveway located directly across from the intersection of Mamie Avenue on the south side of West Ridgeway Avenue and Foundation Drive. b. Lots 2 and 3 shall access West Ridgeway Avenue through Foundation Drive or the existing drive to the east. 5 Page 183 of 232 C. No direct access to any of the Lots shall be allowed from West Ridgeway Avenue or Highway 63 except as described above. E. APPROVAL REQUIREMENTS.As set forth herein, all plans, specifications, requests for authority to remodel or alter, or otherwise change the property must be submitted to Developer for approval. No building, sign, landscaping, lighting, or other exterior improvements shall be altered,placed, or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Improvements or alternations to any Lot shall not be commenced prior to compliance with the following two-part review process. 1. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations, floor plans, and sections. C. Building materials,parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with 1' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. b. Exterior elevations,including areas to be screened. C. Exterior materials, colors, textures, and shapes. 6 Page 184 of 232 d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems,vegetation, and ground cover. e. Parking area and driveway plan. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location, manufacturer's fixture number, and supporting photometric test data. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. in. Clearing plan and tree protection plan,plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge permits. n. Drainage runoff quantities for 100-year frequency storm. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer prior to commencing construction. Five sets of all documents are to be included in each submission for review. All buildings must be designated by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s) shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to this particular project. 4. ACTION. All plans shall be approved or disapproved within 30 days of submittal. If Developer or its successors shall fail to approve or disapprove said plans in writing thirty(30) days after their submittal, such plans shall be deemed to be approved. F. MAINTENANCE. Each Lot Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well-maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 7 Page 185 of 232 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well-groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed(including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub,plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. ROADWAYS. Tract A is dedicated to the City of Waterloo Iowa for right-of-way to be known as Foundation Drive. H. SIDEWALKS AND DRIVEWAY APPROACHES. A Portland Cement concrete sidewalk and a hard surfaced driveway approach shall be installed during or immediately after the construction of any improvement on a Lot in the Development along Foundation Drive, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5)years of the transfer of said Lot from the Developer to a Lot Owner, whichever is earlier. Construction of handicap access ramps at the intersections shall be the responsibility of the Developer or adjacent Lot owner. The responsibility of construction of the sidewalk along the west side of Foundation Drive to the north of Lot 1 shall be deferred until said real estate is platted or developed and shall be paid for by said party. I. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Lot Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting s Page 186 of 232 to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. J. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Lot Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Lot Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. K. VARIANCES. Developer may grant Lot Owner a variance from these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions are maintained. Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. L. MODIFICATION. The Covenants, Conditions, and Restrictions, and provisions of this instrument shall be deemed covenants running with the land, and shall remain in full force and effect for a period of 21 years from the date of filing of said plat, unless extended as provided by law. However, Owner has the right to amend said Covenants, Conditions, and Restrictions at any time during which Developer has an ownership interest in any Lot in Development. M. SUCCESSOR TO DEVELOPER. Owner shall have the right to assign its rights as Developer under the Covenants, Conditions, and Restrictions, and said successor shall assume the responsibility of Developer as set forth herein. Thereafter, Owner shall have no further responsibility hereunder. N. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as 9 Page 187 of 232 shall be reasonably necessary to carry out the transactions contemplated by this instrument. 3. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. IN WITNESS WHEREOF, the undersigned, being Owner herein, has hereunto set its hand as of the day and year first above written. BCS Properties, L.L.C. By:Brent Dahlstrom Its: Manager GACReal state, C r4 B .Geo e o Its: M ger STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowle(1,-,�-d heii>re me on this IS4h day of add , 2018, by Brent Dahlstrom, as Manager O i i>( 'S i'roperties, L.L.C. JILL L KRAAyENBRINK i � Commission Number 797477 My Commission Expires July 29,2o19 N y Publ' STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This record was acknowledged before me on this « day ofY11,�r ly�, 2018, by George A. Cooley, as Manager of GAC Real Estate, LLC. CRYSTAL WISENBACH COMMISSION NO.785374 Notary Public MY COMMISSION EXPIRES o w AUGUSI 4,2ML— Page 188 of 232 CERTIFICATE OF SURVEY I,Jeremy A. Harris, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey of property to be known as: "Village West 2nd Addition" Section 33-T89N-R13W, Waterloo, Black Hawk County, Iowa SAID PROPERTY IS LEGALLY DESCRIBED AS: VILLAGE WEST 2ND ADDITION LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33: THENCE, N1°31'16"W 49.91' ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33 TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE, ALSO BEING THE POINT OF BEGINNING; THENCE, S89°06'08"W 555.00' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY 63; THENCE, NO°54'19"W 70.00' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, S89°05'44"W 13.62' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N1°04'26"E 148.09' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N89°06'08"E 492.19'; THENCE, NO°53'52"W 56.98'; THENCE, N89°05'14"E 482.86'; THENCE, S0°54'46"E 275.00' TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE; THENCE, S89°05'14"W 411.60' ALONG SAID NORTH RIGHT OF WAY LINE,TO THE POINT OF BEGINNING, CONTAINING 5.51 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. I FURTHER CERTIFY THAT THE ACCOMPANYING PLAT IS A TRUE REPRESENTATION OF SAID PROPERTY IN ACCORDANCE WITH MY FIELD NOTES; THAT THE DIMENSIONS OF THE STREETS, LOTS, AND EASEMENTS DEPICTED ON SAID PLAT ARE IN FEET AND DECIMALS THEREOF; AND THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. , , 1 - 30- 18 Jeremy A. Harris, PLS Date Iowa License Number 22259 My license renewal date is December 31, 2019. Village West 2nd Addition 1/1 Page 189 of 232 PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo,Iowa("City"), and the undersigned property owners ("Developer") WHEREAS, Developer is respectively the owner of real estate to be known as Village West 2"d Addition,Waterloo,Iowa("Real Estate"); WHEREAS, Developer proposes to construct sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks (collectively"Improvements")in said City; and WHEREAS, Developer desires that the Improvements be constructed to benefit Real Estate,the general description and location of said improvements and properties to be assessed being as follows: See attached Exhibit"A" NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: If the Improvements are not completed by , as soon as practicable thereafter the City shall have the right to cause Improvements to be constructed in accordance with in all respects, with such plans and specifications for Improvements as it shall deem appropriate. The construction of Improvements shall be under the supervision of an engineer to be selected at the discretion of the City. For the purpose hereinbefore set out,the City may elect to enter into contract for the construction of Improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the Improvements,Developer hereby waive the Resolution of Necessity and publication of Notice thereof,the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of Improvements where the expense of such Improvements is to be assessed against the abutting or adjacent property. Developer expressly waives each and every question of jurisdiction, the intention of the Developer being to authorize and direct said City to construct the Improvements without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention of Developer being that Improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the Improvements, as herein provided and that when Improvements have been constructed in accordance with the plans and specifications for the Improvements,to be adopted by the council,that City by and through its Council may make assessments against the Real Estate for the entire cost of the construction of Improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the Real Estate, and Developer hereby agrees to pay the amount which is thus assessed against Developer's property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Developer hereby expressly waives every objection to said assessment. Said assessment shall be paid by the Developer within the time provided by the laws of Iowa for the payment of special assessments for Improvements. Petition and Waiver Page 1 of 3 Page 190 of 232 The amount and proportion of the cost of Improvements,to be paid by Developer, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied,they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the Developer within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Developer hereby authorizes the Council of the City of Waterloo,Iowa, to pass any Resolution requisite or necessary to order and secure Improvements,to provide for the construction of the same and to make the assessments herein provided for,without further notice to Developer, and any such Resolution may contain recitals that Improvements are ordered or made by the Council without petition of Developer, without in any way qualifying this petition or releasing the Developer from its obligation to pay the assessments levied against Real Estate for the cost of Improvements. Developer warrants that Real Estate is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Developer further agrees to subordinate the sale of any part of Real Estate to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Developer agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. IN WITNESS HEREOF THIS day of , 2018. BCS Properties, L.L.C. By: Brent Dahlstrom Its: Manager GAC Real Estate, LLC By: George A. Cooley Its: Manager University of Iowa Community Credit Union By: Its: Petition and Waiver Page 2 of 3 Page 191 of 232 STATE OF IOWA ) SS BLACK HAWK COUNTY) This record was acknowledged before me on this day of 2018,by Brent Dahlstrom, as Manager of BCS Properties, L.L.C. NOTARY PUBLIC STATE OF IOWA ) SS BLACK HAWK COUNTY) This record was acknowledged before me on this day of , 2018,by George A. Cooley, as Manager of GAC Real Estate, LLC. NOTARY PUBLIC. STATE OF IOWA ) SS BLACK HAWK COUNTY) This record was acknowledged before me on this day of 2018,by as of University of Iowa Community Credit Union. NOTARY PUBLIC. Page 192 of 232 CONTRACT This Agreement entered into this day of 2018,by the City of Waterloo, Iowa ("City") and BCS Properties, L.L.C. and GAC Real Estate,LLC (collectively "Developer"). WHEREAS, Developer has filed with the City Planning,Programming, and Zoning Commission of the City, a final plat which must be approved by the City Council of Waterloo,Iowa, and WHEREAS, said addition is to be known as Village West 2nd Addition, Waterloo,Iowa, and WHEREAS, it is the desire of the City Council of the City, that sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City, and that all work above referred to be done under the supervision and direction of a civil engineer registered in the state of Iowa, and WHEREAS, Developer is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desire,in lieu of completion of said improvements to enter into this Agreement with the City,providing for the completion of said improvements within a fixed period of time. NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City, of the above-described final plat, Developer at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo,Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo,Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the state of Iowa. IT IS FURTHER AGREED,that concurrently with the execution of this Contract Developer has executed and caused to be filed with the City, its Petition and Waiver of Notice,for the sole purpose of allowing the City to proceed to construct the said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Developer fails to comply with the provisions of this Contract. IT IS FURTHER AGREED,that said improvements shall be completed no later than the day of , 2018, and the City is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. Page 193 of 232 WITNESS our signatures hereto this day of 12018 BCS Properties, L.L.C. City of Waterloo, Iowa By: Brent Dahlstrom By: Quentin Hart Its: Manager Its: Mayor GAC Real Estate, LLC By: George A. Cooley Its: Manager Attest: By: Kelley Fechle Its: City Clerk Page 194 of 232 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): ,5�-masKiSY-46* ElJ6wEEa.c Address: 1tw F J A t o -Qr Phone: l N i--152• teny 1 City: 1"IPRSt-iAd rlTdwnl State: iA Zip: Solm b. Status of Applicant: (a)Owner_(b) Other(CHECK ONE): If other explain: Clyl t.- tF aJ&talf.,E2 c. Property Owner's Name if different than above(please print): �S art cP�p�F.5 Address: Bru 51' Phone: City: \,/ArrEgleOR State: I,or Zip: C'0102. 2. PROPERTY INFORMATION: a. Name of Plat: \AJA MaE. wES-f 12-r4=- orfl1Zb l:rtotJ b. General Location of Property: 2145 Co12A[>E1?- of SFa24FAW-C RJ:1 ♦ W iV-M6E1✓h r c. Area of Proposed Plat: 5.5/ AC, d. Area of Proposed Plat to be dedicated/conveyed to the City: • 3 6 A4- e. Value of area to be dedicated/conveyed to the City: 2(-,, t.cn;, f. Zoning District(s): C C0MK6A&--1 A4- 3. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z 3--]-(� City Council b. Six(6)copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. c. Four(4)copies of Deed of Dedication(2 must be original signatures) d. Four(4)copies of all Petition and Waiver forms(2 must be original signatures) e. Four(4)copies of Certificate of Survey(2 must be original signatures) 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No b. If yes specify why and for what for? c. Costs: Estimate_Actual Total Cost Requested Ci Share _ Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of$215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ature of Applicant k Date Signature of Owner Date Page 195 of 232 s �. +. m w 5, N M O LL Ln CD 00 O N M } L ' ._ . O 'C"-4 O N N R N N � O O � Cfl L T fAm 00 M T Ln O M d d O Z) aP A fI r ^Al Lu AL a fir` 1_ � w 00 x t2 1 W Z�Z} 1il1 ~3ZN3� FW oax� g S!n J?~Ux Na PO W Z W?YO �� O J Q O F .;r m"`gNdtiv�:' ��'"` 2 Q J J Q>2 Bats al �MF 4e'^, W a F m,.0 g N W WLLwW U4 Cl) �OWxOU} F}JH3QJ y Awa � OU0�3�x ~!� � � e W a<y30¢a O �J 'v l oj LO a=(nnt— �,1, J y�a��aa Request for Final Plat of Village West 2nd Addition a Vot subdivision located at US 63 and Ridgeway Avenue. 6441 LL t f Y 1x � a r P tea �G} '�' `� ... M o "I6'd i 'V�..•.� V. '.�':}Sk t71�r..dWY Looking east toward 1850 Ridgeway Looking west along Ridgeway Avenue and existing development. toward US Highway 63 s f � �yb Looking north from Ridgeway Avenue Looking northwest from Ridgeway Avenue. Page 197 of 232 ITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo, IA 50703 • Phone (319)291-4312 Fax(319)291-4262 City Engineer • email: city.engineer+r)waterloo-ia.or • February 12, 2018 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT VILLAGE WEST 2"D ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. entz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 198 of 232 CITY OF WATERLOO Council Communication Resolution approving Development Agreement with CRF Rentals, LLC for the development of a 5,000 square foot cominercial building with a value no less than$282,000, offering property tax rebates of year one through year three for 70% and year four through year seven for 65%, and authorize Mayor to execute said document. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 2/28/2018 - 10:05 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:49 AM ATTACHMENTS: Description Type ❑ CRF Rentals Development Agreement Backup Material Resolution approving Development Agreement with CRF Rentals; LLC for the development of a 5.000 square foot commercial building with a value no SUBJECT: less than$282,000, offering property tax rebates of year one through year three for 70% and year four through year seven for 65%, and authorize Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The attached agreement will allow for continued development in the Martin Road area with the construction of a new 5,000 sq. ft. commercial building. Summary Statement: This project represents the City of Waterloo helping an existing business to expand in the City of Waterloo. This will bring additional construction and taxable value to the community. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development- Goals 1, 3, and 4 in the City of Waterloo Strategic Plan. Alternative: N/A Legal Descriptions: SOUTHLAND PARK FOURTH ADDITION TRACT C-8 Page 199 of 232 Prepared by Adrienne Miller 715 Mulberry Street, Waterloo, IA 50703 Phone(319)291-4366 DEVELOPMENT AGREEMENT — Phased Development This Development Agreement (the "Agreement") is entered into as of , 2018 by and between CRF Rentals, LLC (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 that it will acquire, legally described on Exhibit "A" (the "Property"), located in the Martin Road Development Plan area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. a. Phase I- Developer shall construct a commercial building of no less than 5,000 square feet. It is contemplated that the Property will, upon substantial completion of the Improvements, have an assessed value of no less than $282,000.00. b. Phase II- An addition to the Phase I structure, or a new structure, consisting of approximately 1,600 square feet. It is contemplated that the Property will, upon substantial completion of Phase 2 Improvements, have an estimated assessed value of approximately $94,000.00. In addition to the building described above, The improvements shall include related parking, landscape, and other improvements to the building and grounds Page 200 of 232 (the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Improvements and all site preparation and development-related work as contemplated by this Agreement are collectively referred to as the "Project". 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. A. Phase I - Company must obtain a building permit and begin construction no later than the date that is four (4) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property shall be completed within twelve (12) months thereafter (the "Project Completion Date"). If, by the Project Start Date, Company has not in good faith begun construction of the Improvements upon the Property, then the City may terminate this Agreement following Company's failure to begin construction within thirty (30) days following written notice of default from City. If development has commenced by the Project Start Date or within any agreed period of extension and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following Company's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following Company's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. B. Phase 2. Company may undertake and complete Phase 2 Improvements at any time within five (5) years after the date of this Agreement. If Company does not timely complete said improvements, then Phase 2 will not be eligible for the benefits provided by this Agreement, but the benefits granted to Company under this Agreement with respect to completed Phase 1 Improvements shall not be affected by Company's failure to begin or complete Phase 2 Improvements. B. 3. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 2 Page 201 of 232 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the amount of$282,000 (the "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. The Minimum Actual Value for each phase shall be as follows: Phase 1 $282,000 Phase 2 approximately $94,000.00 In connection with each phase of Improvements, and as a condition to receiving the benefits provided for in this Agreement, Company agrees to sign an agreement substantially in the form attached as Exhibit "B". The minimum assessment agreement for Phase I shall be executed concurrently with execution of this Agreement, and the minimum assessment agreement for Phase 2 shall be executed when Company takes out a building permit for Phase 2 Improvements. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 4, City agrees to rebate property tax (with the exceptions noted below) as follows: A. Phase I. Provided that Company has completed the Phase 1 Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 4, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Three 70% Year Four through Year Seven 65% Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after 3 Page 202 of 232 the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based on the completed value of the Improvements and not a prior year for which the assessment is based solely on the value of the land or on the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. B. Phase 2. Upon completion of the Phase 2 Improvements as set forth herein, and provided that Company has executed a Minimum Assessment Agreement with respect to such Improvements as set forth in Section 4, City agrees to rebate property tax payable in respect of the value added by the Phase 2 Improvements on the same terms as provided above in paragraph A of this Section 5, except that any reference therein to the Improvements shall, for purposes of this paragraph B, mean the Phase 2 Improvements only. 6. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 4 Page 203 of 232 B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 10. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at PO Box 203, Waterloo, Iowa 50704, facsimile number , Attention: CRF Rentals, LLC Attn: Chris Fischels 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. 11. 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. 5 Page 204 of 232 12. 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. 13. 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. 14. 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. 15. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 16. 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. 17. 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. 18. 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. [remainder of page intentionally blank — signatures on next page] 6 Page 205 of 232 CITY OF WATERLOO, IOWA CRF Rentals, LLC By: By: Quentin M. Hart, Mayor Chris Fischels Title: Attest: Kelley Felchle, City Clerk Page 206 of 232 EXHIBIT "A" Legal Description of Property Lot C-8, Southland Park Fourth Addition, City of Waterloo, Iowa. Page 207 of 232 EXHIBIT "B" Form of MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 12018 by and among the CITY OF WATERLOO, IOWA ("City"), CRF Rentals, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "DA") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the DA, the Company will undertake the development of an area ("Phase Project") within the City and within the Martin Road Development Plan area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Phase Project shall not be less than $282,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2019. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2029. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 208 of 232 § 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. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA CRF Rentals, LLC By: By: Quentin M. Hart, Mayor Chris Fischels Title: Attest: Kelley Felchle, City Clerk [acknowledgments on next page] 2 Page 209 of 232 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This record was acknowledged before me on 2018 by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This record was acknowledged before me on 2018, by as of CRF Rentals, LLC. Notary Public 3 Page 210 of 232 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Two Hundred Eighty-Two Thousand Dollars ($282,000.00) in the aggregate, until termination of this Minimum Assessment Agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public Page 211 of 232 CITY OF WATERLOO Council Communication Resolution approving Funding Agreement with the Black Hawk County Gaming Association for a$750,000 match for University Avenue Reconstruction Enhancements and authorize Mayor to execute said document. City Council Meeting: 3/5/2018 Prepared: 2/27/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 2/27/2018 - 4:38 PM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:51 AM Resolution approving Funding Agreement with the Black Hawk County SUBJECT: Gaming Association for a$750,000 match for University Avenue Reconstruction Enhancements and authorize Mayor to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer Summary Statement: Gaming Funds $750,000.00 Expenditure Required: City Match* $750,000.00 *University Ave. Transfer of Jurisdiction Funds Source of Funds: University Ave. Transfer of Jurisdiction Funds & Gaming Funds Background Information: Page 212 of 232 CITY OF WATERLOO Council Communication Resolution approving an agreement with Black Hawk County for improvements to Donald Street and Elk Run Road, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 2/28/2018 - 10:25 AM Clerk Office Even, LeAnn Approved 2/28/2018 - 11:48 AM ATTACHMENTS: Description Type ❑ BHC—City Agreement—Donald and Elk Run Cover Memo Resolution approving an agreement with Black Hawk County for SUBJECT: improvements to Donald Street and Elk Run Road, and authorize the Mayor and Citv Clerk to execute said document. Submitted by: Submitted By: Eric Thorson, PE, City Engineer The City of Waterloo will be responsible for the cost of the improvements to Summary Statement: the City portion of the intersection of these two streets. Expenditure Required: $11,355.00 Source of Funds: Local Option Sales Tax The County shall be responsible for the design and daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. Background Information: Once the project is completed, the City will reimburse the County for the actual construction costs for their Division of work. The County will not require any reimbursement prior to July 1, 2018 even if the project has been completed by that date. Page 213 of 232 Black Hawk County Engineer's Office Cooperative Agreement For Construction Projects Location Elk Run Road/ Donald Street Intersection Work Type H.M.A. Resurfacing w/Cold in Place Recycling Project No. FM-C007(149)--55-07 This Agreement is entered into by and between Black Hawk County, Iowa hereafter designated the "County", and the City of Waterloo hereinafter designated the "City". The County proposes to establish or make improvements to County Road V43 (Elk Run Road) from Donald Street northerly to County Road C66 (Dunkerton Road) within Black Hawk County, Iowa. This work shall include the entire intersection of D16 (Donald Street) and V43 (Elk Run Road) with has shared jurisdiction between the County and the City. This project shall be divided into two (2)divisions. • Division 1 (County Jurisdiction) shall include all portions of the project except those detailed in Division 2. • Division 2 (City Jurisdiction) shall include the left lane of V43 (Elk Run Road) from station 105+83 northerly to station 106+13; and the right lane of D16 (Donald Street) from station 1104+70.88 easterly to station 1105+70.88. Division 2 shall also include the southwest radius of the intersection. The County and the City are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the County and the City; and Therefore, it is agreed as follows: 1. Project Information a. The County shall be the lead local governmental agency for carrying out the provisions of this Agreement. b. All notices required under this Agreement shall be made in writing to the City's and/or the County's contact person. The City's contact person shall be the City Engineer, Eric Thorson, P.E. The County's contact person shall be the County Engineer, Catherine Nicholas, P.E. 2. Project Design a. The County shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by the County. Page 214 of 232 3. Project Costs a. The City shall contribute an estimated $11,355.00 toward the project costs as shown on Exhibit A. b. Once the project has been completed, the City will reimburse the County for the actual construction costs for their Division of work. c. The County will not require any reimbursement prior to July 1, 2018 even if the project has been completed by that date. 4. Bid Letting a. The County shall submit the plans, specifications, estimate, and all other contract documents for review by the Iowa D.O.T. b. The project will be let by the Iowa D.O.T. in accordance with its normal letting procedures. c. The County shall be the contracting authority for the project. 5. Construction & Maintenance a. The County shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The County shall comply with the procedures and responsibilities for materials testing and construction inspection according to Iowa D.O.T.'s Materials Instructional Memorandums (I.M.'s)and the Construction Manual. If requested, the Iowa D.O.T. may be able to perform some testing services. If performed, the Iowa D.O.T. will bill the County for testing services according to its normal policy. 6. Payments and Reimbursements a. The County shall be responsible for making payments to the contractor(s)for all project costs incurred in the development and construction of the project. b. After completion of the project, the County will submit to the City an itemized claim for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this Agreement. 7. General Provisions a. The County shall maintain records, documents, and other evidence in support of the work performed under the terms of this Agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. b. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of this Agreement shall remain in effect. Page 215 of 232 c. This Agreement is not assignable without the prior written consent of the City. d. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. e. In case of dispute concerning the terms of this Agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The City and the County agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. f. This Agreement may be executed in two (2) counterparts, each of which so executed will be deemed to be an original. g. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the County and City regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below. BOARD OF SUPERVISORS OF BLACK HAWK COUNTY: By: Date Chairperson ATTEST: By: County Auditor CITY OF WATERLOO: By: Date City of Waterloo Mayor ATTEST: By: City Clerk Page 216 of 232 Exhibit A Black Hawk County Date: 1/9/2018 Elk Run Road H.M.A. Resurfacing w/CIP Recycling Est.By: C.A.W. 1 FM-C007(149)--55-07 Check By: Project Cost Estimate-Division 2(City Portion) Page 1 of 1 QUANTITY ITEM# ITEM CODE BID ITEM DESCRIPTION DIVISION 2 UNIT RATE TOTAL 1 2102-2713090 EXCAVATION,CLASS 13,WASTE 0.00 CY $ 32.00 $ - 2 2121-7425020 GRANULAR SHOULDERS,TYPE B 25.00 TON $ 21.00 $ 525.00 3 2214-5145150 PAVEMENT SCARIFICATION 299.30 SY $ 8.30 $ 2,484.19 4 2303-1042500 HOT MIX ASPHALT HIGH TRAFFIC,INTERMEDIATE COURSE,1/2 IN.MIX 0.00 TON $ 32.00 $ - 5 2303-1043500 HOT MIX ASPHALT HIGH TRAFFIC,SURFACE COURSE,1/2 IN.MIX,NO SPECIAL FRICTION 0.00 TON $ 34.00 $ - 6 2303-1053500 HMA VT SURF,1/2",NO FRIC 50.00 TON $ 36.00 $ 1,800.00 7 2303-1258284 ASPHALT BINDER,PG 58-28H,HIGH TRAFFIC 0.00 TON $ 425.00 $ - 8 2303-1258286 ASPH BINDER,PG 58-28E 4.25 TON $ 475.00 $ 2,018.75 9 2303-6911000 HOT MIX ASPHALT PAVEMENT SAMPLES 0.00 LS $ 950.00 $ - 10 2303-7000610 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR HMA MIXTURE LABORATORY 0.00 EACH $ 1.00 $ 11 2303-7000620 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR HMA MIXTURE FIELD VOIDS 0.00 EACH $ 1.00 $ 12 2303-9091010 RUMBLE STRIP PANEL(HMA SURFACE) 0.00 EACH $ 575.00 $ 13 2315-8275025 SURFACING,DRIVEWAY,CLASS A CRUSHED STONE 0.00 TON $ 21.00 $ 14 2316-0000120 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR HMA PAVEMENT SMOOTHNESS 0.00 EACH $ 1.00 $ 15 2318-1001100 COLD IN-PLACE RECYCLED ASPHALT PAVEMENT 0.00 SY $ 1.65 $ 16 2318-1001220 ASPHALT STABILIZING AGENT(FOAMED ASPHALT) 0.00 TON $ 400.00 $ 17 2515-6745600 REMOVAL OF PAVED DRIVEWAY 0.00 SY $ 10.50 $ - 18 2527-9263109 PAINTED PAVEMENT MARKING,WATERBORNE OR SOLVENT-BASED 1.96 STA $ 8.25 $ 16.17 19 2528-8445110 TRAFFIC CONTROL 0.05 LS $ 4,000.00 $ 200.00 20 2528-8445113 FLAGGERS 4.00 EACH $ 465.00 $ 1,860.00 21 2528-8445115 PILOT CARS 1.00 EACH $ 700.00 $ 700.00 22 2533-4980005 MOBILIZATION 0.05 LS $ 35,000.00 $ 1,750.00 23 2599-9999013 SMOOTHNESS SPECIFICATION FOR COLD IN-PLACE RECYCLING 0.00 MILE $ 400.00 $ - Total Project Cost E,Ed 1/9/2018 \\172.20.2.205\eng$\Eng Shared\ADSK Civil\Civil3D Projects\PAV-Elk Run Road-618\Cost Estimates-Design Tabs\618-Master Project Tabs&Estimate Template(2 Div).xlsb PageP29171bf 232 CITY OF WATERLOO Council Communication Resolution approving submission of grant application for a Diesel Emissions Reduction Grant(DERA)to replace one(1) 2005 International Harvester D466 Garbage Truck's outdated Tier 2 Emissions with a Tier 4 2018 Emissions. City Council Meeting: 3/5/2018 Prepared: 2/28/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeArin Approved 2/28/2018 - 11:53 AM Resolution approving submission of grant application for a Diesel Emissions SUBJECT: Reduction Grant(DERA)to replace one (1) 2005 International Harvester D466 Garbage Truck's outdated Tier 2 Emissions with a Tier 4 2018 Emissions. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Summary Statement: This project will outfit the garbage truck with the latest Tier 4 Emissions. Expenditure Required: $240,000.00 Source of Funds: $156,000- 65% - Sanitation Funds $84,000- 35% - Grant Policy Issue: Strategy- 3.4- Identify and Improvement proven cost and resource saving measures. Background Information: Will reduce emission in garbage truck. Page 218 of 232 CITY OF WATERLOO Council Communication Resolution approving award of hotel/motel mini tax grant to the Cedar Falls Lion's Club in the amount of $1,950. City Council Meeting: 3/5/2018 Prepared: 3/1/2018 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 3/1/2018 - 10:31 AM ATTACHMENTS: Description Type ❑ Grant Application Backup Material SUBJECT: Resolution approving award of hotel/motel mini tax grant to the Cedar Falls Lion's Club in the amount of 51.950. Submitted by: Submitted By: Tavis Hall, Executive Director Waterloo Convention& Visitors Bureau Recommended Action: Approve resolution. The Cedar Falls Lion's Club has requested hotel/motel mini tax grant funds to assist in hosting the Iowa Lion's 2018 NE District Convention being held at the 5 Sullivan Brother Convention Center, for 47 Lions Clubs throughout Summary Statement: Northeast Iowa. Organizers project 54 room nights from this 2-day conference with a projected economic impact of$33,585. The awarded dollars will allow organizers to keep the conference registration fee at a minimum, which will increase attendance. Expenditure Required: This request is a total of$1,950 from Convention& Visitor's Bureau hotel/motel mini tax grant funds. Page 219 of 232 Waterloo Hotel-Motel Tax Year-Round (Mini) Grant Application Entire application MUST be typed and every question must be answered fully Total Request: $3,000.00_ Total Project Cost $12,300,00 1. Contact Information/Background Information Name & Date of Event/Project:"TOGETHER WE CAN CHANGE THE WORLD" - IOWA LIONS 2018 NE District CONVENTION I April 20/21, 2018 Name of presenting organization: _CEDAR FALLS LIONS CLUB (HOST CLUB) Non-Profit Organization: _x For-Profit Organization: Check payable to (if different than above) FEIN Number 42-606-3002 Contact person Richard Congdon Address 5231 Sweet Basil Lane City_Cedar Falls State_IA Zip_50613 Phone number_319-240-1154 Email_rjcongdon@gmail.com Organization web address_iowalions9ne.org Please describe your organization. Include information about mission, history, staff, volunteers, etc.? Please also describe how your organization collaborates with others in the community throughout the year. In 1917, Melvin Jones, a 38-year-old Chicago business leader, told members of his local business club they should reach beyond business issues and address the betterment of their communities and the world. Jones' group, the Business Circle of Chicago, agreed. After contacting similar groups around the United States, an organizational meeting was held on June 7, 1917, in Chicago, Illinois, USA. The new group took the name of one of the invited groups, the "Association of Lions Clubs,"and a national convention was held in Dallas, Texas, USA in October of that year. A constitution, by-laws, objectives and a code of ethics were approved, And the rest is history. Lions Club International is 100 years old! Our Iowa Lions Club Mission is: - To create and foster a spirit of understanding among the peoples of the world. - To promote the principles of good government and good citizenship. - To take an active interest in the civic, cultural, social and moral welfare of the community. - To unite the clubs in the bonds of friendship, good fellowship and mutual understanding. - To provide a forum for the open discussion of all matters of public interest; provided, however, that partisan politics and sectarian religion shall not be debated by Club members. - To encourage service-minded people to serve their community without personal financial reward, and to encourage efficiency and promote high ethical standards in commerce, industry, professions, public works and private endeavors. Page 220 of 232 Is a member of the Waterloo City Council on your Board of Directors? NO How does your organization market to/reach an audience outside of Black Hawk County? Our district has approximately 47 clubs throughout Northeast Iowa. We are sending out promotional emails with convention highlights & registration information, We will be running a registration form in the IOWA LION magazine with state-wide distribution, We also have convention speakers coming from Michigan, Des Moines, Waverly as well as the Lions International Director and his wife from Texas. Have hotel-motel tax grants been received for this project previously? NO If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. If so, please provide an explanation for why you are applying outside of the regular grant cycle. Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required prior to the event taking place. (See attached) 2. Please share the following information about your project/event: a. Please describe the project and specify the goals/expectations. This is a two day district convention for the Lions Clubs in the Northeast area of Iowa. Our goals: Double the attendance from the convention last year (last year attendance was 75). Keep the attendees engaged in meaningful networking/seminars and social activities. b. Please describe the mechanism for measuring to see if expectations are met. We'll keep detailed attendance records and we'll ask the attendees to fill out an evaluation at the end of the convention. 3. Based on past history of this event (in Waterloo and/or in other communities) please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend? 200 Of those, how many will be from outside Black Hawk County? 150 b. What method was used to determine this information? Pre-convention advertising/registration, emails, website articles. c. What will be the mechanism for tracking/measuring attendance? Convention Registration Forms How are you adjusting it from the prior year? Our program this year has many more creative activities, speakers and networking opportunities. Also new this year is ONLINE REGISTRATION!! d. What are your expectations for hotel room use in Waterloo? Approx. 30/1 night and 15/2-3 nights e. How will you track room use? Registration forms f, Do you have room blocks? We will have 15- 20 rooms blocked Rates- is special $89.95 g. When are rooms typically booked? Starting in Feb. through April 2018 h. How long will people stay? 1-3 nights i. How many people stay in a room? 1-2 Page 221 of 232 J. Please include event attendance and hotel use history if applicable. Where has the event been held before? How many participants/spectators were involved previously? 2017 - Oelwein 75 participants and 2016- Dubuque 90 participants k. For profit entities only. Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism- related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without grant funding? I. For event-related capital projects only: Please describe how this ties into your organization's mission, and how the project allows you to draw additional people to Waterloo. 4. Is this a new project or idea? NO If yes, please describe, in detail, how this project explores a new idea, new direction, is innovative or a new project? 5. Are there significant changes to the event/application from previous years? NO If yes, please describe, in detail, those changes. Examples could include changes in marketing efforts, expansion of the event schedule, etc. 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? Since we will have involvement from 15 counties in Northeast Iowa/from 47 Lions Clubs - they will experience an entertaining tour of the downtown Waterloo area, which will show many positive/new additions to the downtown area. Our Friday night event will end with "After-glow" at SingleSpeed in Waterloo! The second day of the convention will be held at the 5 Sullivan Brothers Convention Center- they will see and hear about the great things happening at the hotel and convention center! 7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations, audience size, etc. Please provide information about specific media, schedule, costs, etc. We have scheduled mass email blasts going out to the District Board Chairs; Zone Chairs; District Presidents (these emails will reach 300+ people)with the beautiful flyer we worked with the Waterloo Travel Bureau to produce. We will also advertise and include the registration form in the Iowa Lion a state-wide magazine that goes out every month. 8. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. Budget information should be as complete as possible. a. Total Income: 9,500.00 (without grant) b. Total Expense: 12,300.00 C. Net Profit (Loss)for the event: -2,800.00 d. Please describe how the requested grant money fits into the overall project. The grant money will help us provide a quality program for the NE Iowa Lions. How will the funds be used, and how would not receiving full funding through this process affect your event? We plan on using the grant money for transportation on Friday - a fantastic guided tour around Waterloo with a stop at the John Deere Tractor Museum. We will also use the grant money for honorariums for our line up of phenomenal speakers: Jim Miller-famed wrestling coach from Waverly; Lori Short from the Iowa KidSight Page 222 of 232 Program; Beth Slade who is with the Leader Dog Program. We will also welcome the International Lions Club Director- Sam Lindsey and his wife, Jodye - from Hilltop, Texas, If we didn't get the grant we couldn't keep the registration fee at a minimum - by keeping the registration fee low we believe that we will get much higher attendance from the Club members outside Black Hawk County. e. How will profit(if applicable) be used by the project/organization/business? Not sure we'll have a profit. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? No Acknowledgment and Signature 1 hove reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau.To the best ofmy knowledge,the Information contained in this application and its allochments Is accurate and complete.The Hotel-Motel Tax Grant funds are reimbursement funds for project funding already spent,and are to be used for the express purpose as stated In the Grant Application.4 the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn.My organization wilt be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that ore non- fundable or not stated herein. Lori Kluber 2/13/18 Signature of Applicant Date Page 223 of 232 CITY OF WATERLOO Council Communication Resolution approving Federal Regulation Procurement Requirements for FEMA projects. City Council Meeting: 3/5/2018 Prepared: 3/2/2018 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 3/2/2018 - 1:08 PM ATTACHMENTS: Description Type a Federal Regulation Procurement Requirements FEMA Cover Memo 2018 SUBJECT: Resolution approving Federal Regulation Procurement Requirements for FEMA projects. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Federal regulations for procurements that are reimbursed by the federal government have undergone major changes recently. The regulations are now becoming effective for local govermnents. The attached document has been designed to compile those requirements in a single document for staff to Summary Statement: follow when working on federally funded projects, specifically those that may be reimbursed by FEMA(the Federal Emergency Management Agency). This document has been reviewed by the City Attorney and the City's Contract Compliance Officer. Expenditure Required: None Alternative: Procurements that do not comply with these provisions may not be eligible for reimbursement by FEMA and other federal agencies. Page 224 of 232 PROCUREMENT REQUIREMENTS FEDERAL REGULATIONS(FEMA) Contract Attachment NOTICE: THIS IS A FEDERALLY FUNDED PROJECT AWARDING AGENCY: Federal Emergency Management Agency(FEMA), Department of Homeland Security. Funding, in whole or in part, for this Project is through a Public Assistance grant from FEMA and therefore all provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements ("Uniform Rules") apply to this Project. Federal Law requires that contracts relating to the Project include certain provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements. Depending upon the type of work or services provided and the dollar value of the Project,some of the provisions set forth in 2 CFR§§200.317 through 200.326 may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Project to comply with Federal Law. This Project will be in strict compliance with program requirements of the Awarding Agency and of 2 CFR §§ 200.317 through 200.326. The contractor hereby certifies that they will comply with all applicable federal laws, regulations, and FEMA policies, procedures and directives. (1) Remedies. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for Cause and Convenience. Termination for cause and for convenience by the recipient or sub- recipient including the manner by which it will be affected and the basis for settlement. (All contracts in excess of$10,000) (3) Not to Exceed —Contract Amendments. The Contractor shall not exceed the maximum fees, as noted in the Section titled Compensation,without a prior written request to the City of Waterloo, Iowa and authorization by written amendment to the Contract, including a change to the Scope of Work/Services. The written request shall include documentation and justification for such request including a detailed cost and schedule impact to the Project. (4) Retention of all required records. Records shall be retained for three years after recipients or sub-recipients make final payments and all other pending matters are closed. (5) Access to Records. a) The Contractor agrees to provide the City of Waterloo, Iowa, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts,and transcriptions. b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (6) Small and minority businesses,women's business enterprises and labor surplus area firms. a) Qualified small and minority businesses and women's business enterprises will be included on solicitation lists developed by the Contract Compliance Officer. b) Small and minority businesses and women's business enterprises will be solicited when they are potential sources for services. c) When economically feasible, total project requirements will be divided into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. d) Delivery schedules will be established that encourage participation by small and minority businesses and women's business enterprises,where requirements permit. e) Services provided by organizations such as the Small Business Administration and Minority Business Federal Regulations—FEMA Projects Contract Attachment (2/28/2018) Pagp SOf 232 Development Agency of the Department of Commerce will be used,as appropriate. f) Prime contractors are required to use the affirmative steps listed in items (6) (a) through (6) (e) above, if subcontracts are let. (7) Egual Employment Opportunity. Compliance 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). During the performance of this contract,the Contractor agrees as follows: a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin.The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. c) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended and supplemented, and of the rules, regulations,and relevant orders of the Secretary of Labor. e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,as amended and supplemented, and by rules, regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 as amended and supplemented, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The Contractor will include the portion of the sentence immediately preceding paragraph (a) of this section and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, as amended and supplemented, so that such provisions will be binding upon each Subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States." (8) Compliance with the Davis-Bacon Act and the Copeland"Anti-Kickback"Act. a) Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Federal Regulations—FEMA Projects Contract Attachment (2/28/2018) Pagp SOf 232 b) All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II,¶ D. c) In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,Contractors must be required to pay wages not less than once a week. d) The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e) In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti-Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f) In situations where the Davis-Bacon Act does not apply, neither does the Copeland "Anti-Kickback" Act. However,for purposes of grant programs where both clauses do apply, FEMA requires the following: i. Contractor. The Contractor shall comply with 18 USC§ 874, 40 USC§ 3145 and the requirements of 29 CFR pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The Contractor or Subcontractor shall insert in any subcontract the clause above and other such clauses as the FEMA may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and Subcontractor as provided in 29 CFR§512. (9) Compliance with the Contract Work Hours and Safety Standards Act.Applicable for all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 USC §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 CFR Part 5. a) Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c) Withholding for unpaid wages and liquidated damages. The City of Waterloo, Iowa shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy Federal Regulations—FEMA Projects Contract Attachment (2/28/2018) agp 77SOf 232 any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)of this section. d) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs (a)through (d) of this section." (10) Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more must file the required certification. (11) Procurement of Recovered Materials. a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at httP://www.epa.gov/cpg/products.htm. (12) Compliance with the Clean Air Act. Applicable for contracts of amounts in excess of$150,000. a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §7401 et seq. b) The Contractor agrees to report each violation to the City of Waterloo, Iowa and understands and agrees that the City of Waterloo, Iowa will, in turn, report each violation as required to assure notification to the State of Iowa, the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FEMA. (13) Compliance with the Federal Water Pollution Control Act. Applicable for contracts of amounts in excess of $150,000. a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended,33 U.S.C. 1251 et seq. b) The Contractor agrees to report each violation to the City of Waterloo, Iowa and understands and agrees that the City of Waterloo, Iowa will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FEMA. (14) Suspension and Debarment. Applicable to all FEMA grant and cooperative agreement programs. a) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c) This certification is a material representation of fact relied upon by the City of Waterloo, Iowa. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Iowa and the City of Waterloo, Iowa, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Federal Regulations—FEMA Projects Contract Attachment (2/28/2018) Pagp SOf 232 d) The Contractor agrees to comply with the requirements of 2C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (15) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non-Federal entity, Contractor or any other party pertaining to any matter resulting from the contract. (16) Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 USC Chap 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the contract. (17) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC 6201). (18) Notice of awarding agency requirements and regulations pertaining to reporting. (19) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (20) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (21) Contractors shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, Paragraph XXV (2013) (22) Bonding Requirements. Applicable for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold ($150,000),the awarding agency may accept the bonding policy and requirements of the recipient (State of Iowa) or sub-recipient (City of Waterloo) provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made,the minimum requirements shall be as follows: a) A bid guarantee from each Contractor equivalent to five percent (5%) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Contractor will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. b) A performance bond on the part of the Contractor for 100 percent (100%) of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the Contractor's obligations under such contract. c) A payment bond on the part of the Contractor for 100 percent of the contract price.A" payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Federal Regulations—FEMA Projects Contract Attachment (2/28/2018) PagPatSf 5 f 232 CITY OF WATERLOO Council Communication Motion to rescind the action taken by this Council on 2/5/18 regarding item 1.B.4(Recommendation of Appointment of Jonathan Oehlerich from Civil Service list to Position of Garage Mechanic at Public Works, effective 2/7/18). City Council Meeting: 3/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approve 3/2/2018 - 4:15 PM Submitted by: Submitted By: Pat MonisseX Ward 3 Council Member Page 230 of 232 CITY OF WATERLOO Council Communication Communication from the Waterloo Waste Management Services Department on the notice of the conclusion of employment for Dan VanEe, Operator I, effective January 31, 2018 with recommendation of approval of payout of$7,759.02 for unused benefits. City Council Meeting: 3/5/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 2/28/2018 - 9:34 AM Clerk Office Higby, Nancy Approved 2/28/2018 - 9:51 AM ATTACHMENTS: Description Type Communication from the Waterloo Waste Management Services Department SUBJECT: on the notice of the conclusion of employment for Dan VanEe, Operator 1, effective January 31, 2018 with recommendation of approval of payout of $7,759.02 for unused benefits. Submitted by: Submitted By: Page 231 of 232 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • Today's Date: 2/2612018 Effective Date: 113112018 Employment Date:111411990-011311201 To: City Council Members Re: Notice of Severance Department Waste Management Job Title/Classification Operator This is to report that the employment of Dan VanEe with the City of Waterloo has been severed by reason of: Retired Disability Related Fd No LJ Yes Ll Resigned LJ Termination 1=I 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 17 $ 26.03 $ 442.51 Vacation-Current 200 $ 26.03 $ 5,206.00 Usable Sick Leave 6 $ 26.03 (x)25% $ 39.05 Frozen Sick Leave (x)60% $ - Personai Hours 20 $ 26.03 $ 520.60 Comp Time Pay 59.58 $ 26.03 $ 1,550.87 Unscheduied Leave $ - Other Pay 1 $ - Total Payment $ 7,759.02 Comments: < i Approved by Date 7i1 sots Human Resources ( ; Date -A 1 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 E)-9 Page 232 of 232 To: Kelley Felchle, City Clerk, Waterloo, Iowa From: Pat Morrissey, Ward 3 Waterloo, Iowa City Council Re: Motion to Rescind Prior Action; Notice Given Verbally on February 26, 2018 at Regular Council Meeting Kelley, Below is the Agenda item that I have requested be on the March 5, 2018 Agenda. Robert's Rules, which we go by in the absence of something specific in our Code, has been my guide in this. "Motion to RESCIND the 1lt by Kis Council of 2-5- 2018 regarding item 1-11-4 ( Recommendation of Appointment of Jon Olerich from Civil Service list to Position of Garage Mechanic at Public Works effective 2-7-18)."