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Council Packet - 4/16/2018
City of Waterloo Finance Committee Open Invoice Report Finance Committee Accounts Payable Open Invoice Report Total As of Friday, April 6th, 2018 EFT Transactions: Wellmark Claims Add Hotel -Motel Sportsplex Archery: Adjust Iowa Office Interiors ISubtotal - as of Monday, April 9, 2018 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll !Bill Payment Total - Monday April 9, 2018 956,193.59 242,607.14 2,370.00 (8.70) 1,201,162.03 11,685.71 3,396.61 1,650,310.46 en t to Council members or related entities: 2,866,554.81 1 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 16, 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 Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitment. 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 284 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. Minutes of April 9, 2018, Regular Session, as proposed. Proclamation declaring April 22 - 28, 2018 as Arbor Week. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Neighborhood Mart, 2102 Lafayette Street, Waterloo, Iowa 50703, Sale of Tobacco to Minor, First Offense (new owner) Submitted By: David R. Zellhoefer, City Attorney 3. Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 6-10, 2018 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. Submitted By: Dave Mohlis, Police Captain 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, for the FY 2018 Sidewalk Repair Program - Zone 8, Contract No. 948, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, in conjunction with the FY 2018 Bridge and Culvert Repairs, Contract No. 950, and instruct City Clerk to publish said notice. Page 2 of 284 Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services 7. Resolution fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,700,000 Sewer Revenue Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof. Submitted By: Michelle Weidner, Chief Financial Officer 8. Resolution setting a date of public hearing as April 30, 2018 for a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2", One and Two Family Residence District, directly adjacent to 5050 Foulk Road, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution setting a date of public hearing as April 30, 2018 for the request by Embankment LLC to rezone 0.87 acres from "R-4, C -Z", Multiple Residence Conditional Zoning District to "C-2", Commercial District, for construction of a multi -tenant retail center located west of 1203 West Ridgeway Avenue, and instruct City Clerk to publish notice. Submitted By: Noel Anderson,Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Spencer Jensen, Facilities Specialist and Donald Thomas Halbmaier, Volunteer Class/Meeting: Delivering & Picking up Artwork Destination: Quincy, IL - Memphis, TN Dates: April 26-28, 2018 Amount not to exceed: $670.00 b. Cheryl Huddleston, Human Resources Manager Class/Meeting: National Public Employer Labor Relations Association Annual Training Conference Destination: Charleston, SC Dates: April 14-19, 2018 Amount not to exceed: $589.00 c. Matt Chesmore and Rudy Jones Class/Meeting: Annual Education Conference for the National Environmental Health Association and Healthy Homes Conference Destination: Anaheim, CA Dates: June 24-29, 2018 Amount not to exceed: $6,360.00 2. LIQUOR LICENSES a. Chipotle Mexican Grill, 2825 Crossroads Blvd. Page 3 of 284 Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/4/2019 b. Dollar General Store #4698, 2935 Logan Avenue Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 2/28/2019 c. Panchero's Mexican Grill, 2845 Crossroads Blvd. Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2019 d. Sam's Club #6514, 210 E. Tower Park Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 2/28/2019 e. Yourpie, 126 E. Ridgeway Avenue Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/5/2019 3. Motion to receive and file the Iowa Public Official Bond for Water Works Trustee R. Scott Wienands. Submitted By: Matt Mahler, General Manager, Waterloo Water Works 4. Motion to approve Exception to Burning Yard Waste Application for Hawkeye Community College to burn approximately 7 acres of prairie grass between March, April 5, and May 10, 2018. Submitted By: Pat Treloar, Chief of Fire Services 5. Motion to approve Exception to Burning Yard Waste Application for Donald Miller to burn approximately 1.5 acres of prairie grass between March April 5, and May 10, 2018. Submitted By: Pat Treloar, Chief of Fire Services 6. Bonds PUBLIC HEARINGS 2. FY 2019 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. 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. Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY2019 One-year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Home Consortium. Submitted By: Rudy D. Jones, Community Development Director Page 4 of 284 3. Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit 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 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 approving award of bid to Dalton Plumbing of Cedar Falls, Iowa, in the amount of $92,190.00, and approving contract, bond and certificate of insurance, in conjunction with the Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit Project, and authorize the Mayor and Housing Authority Director to execute said documents. Submitted By: Julie Dawson, Housing Authority Director RESOLUTIONS 4. Resolution approving award of bids to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $1,149.50 mowing per occurrence, $1,875.00 weed control per application (Option A) and R & D Lawn Care of Waterloo, Iowa in the amount of $540.00 mowing per occurrence, $240.00 weed control per application (Option B), and $380.00 mowing per occurrence, $240.00 weed control per application (Option C), in conjunction with the FY 18 Waste Water Treatment Plant and Lift Station Mowing, and approving the contracts, bonds and certificates of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services 5. Resolution approving Black Hawk County Gaming Association Grant Application in the amount of $600,000 for the Lincoln Park Improvements Project. Submitted By: Paul Huting, Leisure Services Director 6. Resolution approving McElroy Trust Grant Application in the amount of $150,000 for the Lincoln Park Improvements Project. Submitted By: Paul Huting, Leisure Services Director 7. Resolution to concur with the determination of the City Planner that the proposed change to the approved site plan for a 15,500 square foot expansion to Advanced Heat Treat Corp, located at 2825 MidPort Boulevard, is minor and shall be approved as a Minor Site Plan Amendment, within the "M -2,P" Planned Industrial District. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the Economic Development Assistance Contract with Advanced Heat Treat Corp. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $7,168,904.23, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2018 Street Reconstruction Program (Division I + Alternate A + Page 5 of 284 Divisions II & III), Contract No. 944, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Dennis Gentz, PE, Assistant City Engineer 10. Resolution approving agreement with Iowa Heartland Habitat for Humanity for sanitary sewer extension in conjunction with the 1600 block of W. 6th Street in the FY 2018 Street Reconstruction Program, Contract No. 944, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 11. Resolution approving Professional Service Agreement with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $40,000, in conjunction with the Progress Avenue and Greenhill Road Intersection Traffic Signals and Geometric Improvements, and authorize the Mayor to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 12. Resolution approving a Professional Services Agreement with Ament Design of Cedar Rapids, Iowa in the amount of $36,907.20, in conjunction with the Ansborough Avenue pavement widening from Black Hawk Road north 0.1 miles to Downing Avenue, IDOT Project Number STP -A-8155(757)-86-07, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director 13. Resolution approving Convention and Visitors Bureau Board recommendation for funding a Hotel/Motel Mini -Grant application, in the amount of $2,530 in conjunction with the ISMA Bench/Bar Conference. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau 14. Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini -Grant application in the amount of $2,501 in conjunction with the Iowa Water Environment Association Conference. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau 15. Resolution approving Iowa Department of Natural Resources Wastewater Disposal System Construction Permit Application Fee Form and Construction Permit Application Schedule A, General Information for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorizing the Mayor to sign said application. Submitted By: Jamie Knutson, PE, Associate Engineer ORDINANCES 16. Request by Heinold Hog Markets, LLC for a Site Plan Amendment to the "M - 2,P" Planned Industrial District, for the construction of a 12,375 square foot livestock processing facility, located south of 720 N. Elk Run Road. Motion to receive, file, consider and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving a site plan amendment on certain property, located south of 720 N. Elk Run Road. Submitted By: Noel Anderson, Community Planning & Development Director Page 6 of 284 OTHER COUNCIL BUSINESS 17. Motion authorizing approval of not to exceed amount of $40,000 for estimated quantity adjustments for FY2018 Waterloo Boathouse Enhancements Contract # 940 Submitted By:Travis N ichols, Facilities/Project Manager, Leisure Services ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:25 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 Public Library on the notice of the conclusion of employment for Lindsey A. Buehler, Library Assistant, effective March 31, 2018 with recommendation of approval of payout of $647.94 for unused benefits. 2. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Rick Hild, Waste Water Operator, effective March 30, 2018 with recommendation of approval of payout of $2,264.61 for unused benefits. 3. Civil Service Commission Minutes for March 2, 2018. Page 7 of 284 CITY OF WATERLOO Council Communication Minutes of April 9, 2018, Regular Session, as proposed. City Council Meeting: 4/16/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/11/2018 - 9:19 AM ATTACHMENTS: Description Type ❑ Minutes of 4.9.18 Backup Material Submitted by: Submitted By: Page 8 of 284 April 9, 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, April 9, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Mrs. Juon participated via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Kelley, Felchle, City Clerk 146789 - Schmitt/Shimp that the Agenda, as proposed, for the Regular Session on Monday, April 9, 2018,at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146790 - Schmitt/Shimp that the Minutes, as proposed, for the Regular Session on Monday, April 2, 2018, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring April 8-15, 2018 as Days of Remembrance. Recognition and Swearing in of new Police Officer Nikolai Payne. ORAL PRESENTATIONS Bruce Kaesser, 106 E. 3111 Street, spoke to council about the tragic impact of gun violence and that individuals who commit illegal gun crimes should face the maximum sentence. Dwayne Ehilers, 1205 '/� Bishop Street, explained an ongoing issue he has had with the Waterloo Water Works regarding his shut off valve. He explained that the Water Works has demanded payment and the City Attorney sent him a letter stating that the fee needs to be paid or the amount will be assessed to his property taxes. He further explained that he is not paying a $1,600 bill for his water shut off valve. David Dryer, 3145 W. 4th Street, explained that he hears that the city needs a better quality life and it usually focuses on white water rafting or other recreation. He noted that a lower tax base and living expense will bring more people to town and keep them here and recreation options will not. Forest Dillavou, 1725 Huntington Road, explained that a city truck went past his house twice with pot hole materials and explained that he followed the truck and watched the employees do the work. He explained that he does not believe that city employees use proper technique to repair pot holes and if they did the patches would last longer. Mr. Shimp commented that he received a call from a constituent regarding fireworks and stated that he would like to see something on the agenda regarding usage of fireworks. 146791 - Schmitt/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146792 - Schmitt/Morrissey 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 April 9, 2018, in the amount of $806,994.83 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 9 of 284 April 9, 2018 Page 2 1. 2. Resolution adopted and upon approval by Mayor assigned No. 2018-218. 2. Request from the Memorial Day Board to hold a Memorial Day Parade on May 28, 2018 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. Resolution adopted and upon approval by Mayor assigned No. 2018-219. 3. Request from Robert McCalley for a waiver for a concrete driveway located at 2275 Country Lane and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2018-220. 4. Resolution approving preliminary specifications and bid document, and setting a date of bid opening as April 26, 2018 and date of public hearing as April 30, 2018 for the purchase of one (1) 2018 2 -Wheel Drive Chevrolet Colorado, extended cab compact pickup truck, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-221. b. Motion to approve the following: a. b. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Chris Ferguson, Fire Marshal Investigation of gas and electric appliance fires. Benton Harbor, MI April 23-27, 2018 $1,328.00 Michelle Weidner, Chief Financial Officer Government Finance Officers Association Annual Conference St. Louis, MO May 6-9, 2018 $1,670.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amalgamated Local 838 UAW, 2615 Washington Street *OWNERSHIP UPDATE* C Liquor w/Outdoor Service New 02/28/2019 Prime Mart, 508 Broadway Street B Wine / C Beer / E Liquor Renewal 3/31/2019 3. Recommendation of appointment of Tom Meyer, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 4. Recommendation of appointment of Michael Gienau, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 5. Recommendation of appointment of Forrest Graves from the Civil Service list, to the position of Collection Systems Foreman at the Waste Management Department, effective April 10, 2018. 6. Cigarette/Tobacco/Nicotine/Vapor Permit New Application for HAB Petroleum, Inc. 127 Jefferson Street. 7. Bonds. Roll call vote -Ayes: Seven. Motion carried. Page 10 of 284 April 9, 2018 Page 3 146793 - Shimp/Jacobs Motion to approve the following items separately. 1.B.3 Recommendation of appointment of Tom Meyer, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 1.B.4 Recommendation of appointment of Michael Gienau, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 1.B.5 Recommendation of appointment of Forrest Graves from the Civil Service list, to the position of Collection Systems Foreman at the Waste Management Department, effective April 10, 2018. Roll -call vote -Ayes: Seven. Motion carried. Council discussion took place regarding duties of the positions, the hiring process, and timing of state approval of the backfill. Sandie Greco, Interim Public Works Director, provided an overview of the Street Foreman positions. Steve Hoambrecker, Waste Management Services Director, provided an overview of the Collection Systems Foreman position. PUBLIC HEARINGS 146794 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Right of Way Mowing Contract, as published in the Waterloo Courier on March 26, 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. 146795 - Sclnnitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146796 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-222. 146797 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-223. 146798 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. PER ACRE Name & Address Bid Option Bid Option Bid Option Bid Option Bid Option Bid Security A B C D E B&B Lawn Care Waterloo, TA $ 57.75 $ 64.00 $ 40.00 No Bid $ 55.99 5% Professional Lawn Care Waterloo, TA $ 58.75 $ 54.80 $ 43.55 No Bid $ 61.75 5% Wilson Custom Tree Cresco, IA No Bid $ 60.00 $ 35.00 $595.00 $ 70.00 5% Page 11 of 284 April 9, 2018 Page 4 Voice vote -Ayes: Seven. Motion carried. 146799 - Schmitt/Amos that "Resolution approving award of bids to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $57.75 Option A and $55.99 Option E, Professional Lawn Care, L.L.C. of Waterloo, Iowa in the amount of $54.80 Option B, Wilson Custom Tree of Cresco, Iowa in the amount of $35.00 Option C, and $595.00 Option D, in conjunction with the 2018 Right of Way Mowing Contract and approving the contracts, bonds and certificates of insurance, and authorize the Mayor and City Clerk to execute said documents. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-224. 146800 - Amos/Morrissey that proof of publication of notice of public hearing on FY 2018 Lift Station Mowing Contract, as published in the Waterloo Courier on March 30, 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. 146801 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146802 - Amos/Morrissey that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-225. 146803 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-226. 146804 - Amos/Mor-issey Motion to receive and file and instruct City Clerk to read bids and refer to Waste Management Services Director for review. Bidder Bid Option A Per Occurrence Bid Option B Per Occurrence Bid Option C Per Occurrence B&B Lawn Care, Inc. Mowing: $1,149.50 Mowing: $516.50 Mowing: $346.50 Waterloo, IA Weed Control: $1,875.00 Weed Control: $1,300.00 Weed Control: $1,200.00 R&D Lawn Care, LLC Mowing: No Bid Mowing: $540.00 Mowing: $380.00 Waterloo, IA Weed Control: No Bid Weed Control: $240.00 Weed Control: $24.00 Voice vote -Ayes: Seven. Motion carried. 146805 - Shimp/Morrissey that proof of publication of notice of public hearing on FY 2018 Street Reconstruction Program, Contract No. 944, as published in the Waterloo Courier on March 26, 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. Page 12 of 284 April 9, 2018 Page 5 146806 - Shimp/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146807 - Shimp/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-227. 146808 - Shimp/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-228. 146809 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Division 1 Base Bid + Alt A (Asphalt) + Division 2 & 3 Estimate: $7,598,726.76 Division 1 Base Bid + Alt B (Concrete) + Division 2 & 3 Estimate: $8,023,732.96 Bidder Bid Security Bid Amount Croell, Inc. New Hampton, IA 5% Alt. B - $7,639,882.61 Aspro, Inc. Waterloo, IA 5% Alt. A - $7,168,904.23 Voice vote -Ayes: Seven. Motion carried. 146810 - Morrissey/Amos that proof of publication of notice of public hearing on Waterloo Center for the Arts FY 2018 Restroom Renovation Project, as published in the Waterloo Courier on March 21, 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. 146811 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146812 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-229. 146813 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-230. 146814 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Page 13 of 284 April 9, 2018 Page 6 Estimate $ 400,000 Bidder Bid Security Bid Amount Failor Hurley0 Base: $349,750.00 Waterloo, IA 5 0 Alt 1: $ 20,500.00 Peters Construction Corp.0 Base: $361,631.00 Waterloo, IA 5 0 Alt 1: $ 13,431.00 Steege Construction, Inc. Rejected due to untimely Waverly, IA filing. Voice vote -Ayes: Seven. Motion carried. 146815 - Morrissey/Amos that "Resolution approving award of bid to Failor-Hurley of Waterloo, Iowa in the amount of $370,250, in conjunction with the Waterloo Center for the Arts FY2018 Restroom Renovation Project, and authorize the Mayor & City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-231. 146816 - Morrissey/Amos that proof of publication of notice of public hearing on Purchase of one (1) 2017 or newer backhoe loader for Waste Management Services, as published in the Waterloo Courier on March 30, 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. David Dryer, 3145 W. 4`" Street, questioned if the backhoe could be shared between departments. Steve Hoambrecker explained the usage and need for the backhoe. Sandie Greco explained that an old backhoe is currently at the public works department that will replace this new backhoe. Forest Dillavou, 1725 Huntington Road, raised issues with the specifications and bid process used for the backhoe. John Sherbon, 1715 Robin Road, commented that many of the specifications are federally mandated safety equipment. He further commented that the state bid requirement does not allow for other bidders who would be willing to provide a competitive bid. Todd Obadal, 124 Amity Drive, commented on the differences in specifications required between neighboring cities. He also questioned who put the specifications together. Mayor Hart commented that he would not ask the Department Director to comment at this time as the bids have not yet been reviewed nor has a decision been made to award a bid at this time. 146817 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146818 - Morrissey/Amos that "Resolution confirming approval of, specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Jacobs commented that bid specifications should be reviewed to encourage other bidders and emphasize performance. Page 14 of 284 April 9, 2018 Page 7 Steve Hoambrecker explained how the specifications for the backhoe were assembled. Mayor Hart commented that no bidders have been selected at this point in time. Sandie Greco explained that the specifications will be reviewed with staff members. Mrs. Klein commented that the city needs to be careful that specifications be assembled so that they do not favor a particular dealer or brand. Mr. Shimp questioned the estimated amount provided. Sandie Greco provided an explanation. Mr. Morrissey commented that he appreciates hearing that Steve and Sandie work with staff that use the product for input on assembling the specifications. Resolution adopted and upon approval by Mayor assigned No. 2018-232. 146819 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-233. 146820 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate $ 130,000.00 Bidder Bid Amount Ziegler CAT Postville, IA $133,000.00 Titan Machinery Center Point, IA $101,593.00 Altorfer, Inc. Cedar Rapids, IA $106,786.00 Murphy Tractor & Equipment Co. Waterloo, IA $111,635.00 Voice vote -Ayes: Seven. Motion carried. 146821 - Shimp/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146822 - Shimp/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146823 - Shimp/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 15 of 284 April 9, 2018 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2018-234. 146824 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146825 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146826 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-235. 146827 - Shimp/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146828 - Shimp/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146829 - Shimp/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-236. 146830 - Amos/Mon-issey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 5- The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146831 - Amos/Mon-issey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146832 - Amos/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 16 of 284 April 9, 2018 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2018-237. 146833 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds - ECP -UR 6 - The issuance of not to exceed $700,000 General Obligation Bonds for essential urban renewal corporate purposes., as published in the Waterloo Courier on March 21, 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. David Dryer, 3145 W. 4th Street, questioned what the bond proceedings will take the city's outstanding debt amount to. Michelle Weidner, Chief Financial Officer, explained that after principal payments are made the total outstanding debt will be lower by approximately $1,000,000.00. John Sherbon, 1715 Robin Road, questioned the duration of the bond issue. Michelle Weidner explained the duration of the bond amount and how they can be paid off early. 146834 - Morrissey/Shimp that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146835 - Morrissey/Shimp that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Michelle Weidner provided an explanation of the difference between general obligation and essential urban renewal corporate purpose bonds. Resolution adopted and upon approval by Mayor assigned No. 2018-238. RESOLUTIONS 146836 - Schmitt/Amos that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide Fire and EMS protection, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Shimp). Motion carried. Mr. Shimp commented that the combined dollar amount of the agreements do not cover the total cost of a firefighter and requested an overview of the structure of the contracts. Pat Treloar, Fire Chief, provided an overview of the contracts. Mayor Hart questioned the last time fees were increased. Pat Treloar explained the historical fee increases. Mr. Shimp questioned how responses are determined between Waterloo and outside communities and requested that the fees be reviewed so that the city can have a profit for services it provides. Pat Treloar explained how responses are determined between Waterloo and outside communities. Mr. Shimp questioned if this could be included in the upcoming fee study. Mr. Schmitt commented on the increase and questioned the status of Evansdale Fire Department. Page 17 of 284 April 9, 2018 Page 10 Pat Treloar explained the staffing of the Evansdale Fire Department. Resolution adopted and upon approval by Mayor assigned No. 2018-239. 146837 - Schmitt/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Soft Play, LLC of Huntersville, North Carolina, at a total cost of $74,999.00, in conjunction with the FY 2018 Phelps Youth Pavilion Playscape project", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-240. 146838 - Schmitt/Amos that "Resolution approving award of contract to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in the amount of $770,396.25, and approving the contract, bonds, and certificate of insurance for the FY 2018 Ansborough Avenue Improvements from US Hwy. 20 to San Marnan Drive, Contract No. 942, and authorize 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. 2018-241. 146839 - Amos/Morrissey that motion approving the Final Quantity Summary (Change Order No. 2) for a net increase of $1,790.60 for the FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896, and authorize the Mayor and City Clerk to execute said document, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146840 - Amos/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, at a total cost of $355,598.85 in conjunction with FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-242. 146841 - Morrissey/Amos that "Resolution approving a Sewage Treatment Agreement with the Iowa Department of Natural Resources, to extend sanitary sewer to the Irving Square Addition, in conjunction with the FY 2018 Street Reconstruction Program, Contract No. 944, 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. 2018-243. 146842 - Morrissey/Amos that "Resolution approving request of City of Waterloo to name a private street Marigold Drive, generally located southeast of Afton Drive", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned how the name of the street will appear to the public. Noel Anderson, Community Planning and Development Director, explained that Marigold Drive will have a blue sign to designate a private street. Mr. Schmitt questioned if there is a policy on how streets are named. Noel Anderson explained that the Engineering Department reviews names to ensure that names are unique to the community and Cedar Valley. Page 18 of 284 April 9, 2018 Page 11 Eric Thorson explained that they will accept suggestions for street names. Resolution adopted and upon approval by Mayor assigned No. 2018-244. ORDINANCES 146843 - Shimp/Morrissey that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving a site plan amendment on certain property, located south of 720 N. Elk Run Road", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 146844 - Shimp/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. Mr. Morrissey questioned the balance of the vote to suspend the rules. Mayor Hart commented that past practice will be used for this vote. 146845 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving to rezone a total of 129.16 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision next to 5805 Kimball Avenue", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs -Abstain without excuse). Motion carried. Mike Henning, 138 Sidehill Drive, commented that many of the individuals working with Mr. Anderson do not reside in Waterloo and commented that he supports the rezoning. Rodney Anderson, 261 Heather, expressed support for the new development. Mr. Schmitt commented that he believes both parties have worked together to address concerns over zoning and that there is more work to do. Mr. Shimp commented that the traffic study is still of concern to him but will support the ordinance. Mary Margret Halverson, 178 Sidehill Drive, expressed concern that she has heard that the traffic study would be a sham and hopes that that comment would not be the case. Bruce Kaesser, 106 E. 3'd Street, commented that he supports the developer and the project. Jesse Thompson, 313 W. Orange Road, commented that the city is putting all of its eggs in one basket on the traffic report and thinks that the developer paying for the report is biased. Todd Obadal, 124 Amity Drive, commented that the Orange School sent out a text to parents to no longer park on Kimball Avenue due to safety issues. He stated that the city should do a traffic study right now to ascertain the hazards in the area and get in front of the issue. Monique Walters, 5404 Kimball Avenue, explained that she appreciates elected officials working on this process. She stated that it is unfortunate to turn rich Iowa soil into a development, that she hopes to see that the plat actually completed as R-1, and that safety is the most important issue as this development is planned. She further asked that the council table the request until the study is complete. Page 19 of 284 April 9, 2018 Page 12 Buzz Anderson commented that he is open to having someone else pay for the traffic study if that would help rule out any favor to him. He stated that optimism is faith that leads to innovation to achievement and to prosperity if we don't let the voices of doom and gloom defeat this. Ordinance adopted and upon approval by Mayor assigned No. 5448. OTHER COUNCIL BUSINESS 146846 - Shimp/Amos to approve the application to the State of Iowa Clean Water Revolving Loan fund to provide financing for the CIP Pipe Lining Phase III project, in the amount of $1,600,000, and authorize Michelle Weidner, CFO, to sign and submit the application to the State of Iowa, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146847 - Morrissey/Amos that the council adjourn to Executive Session at 7:36 p.m. Roll call vote -Ayes: Seven. Motion carred. City Attorney Dave Zellhoefer stated that discussion of the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)(j). EXECUTIVE SESSION 146848 - Morrissey/Jacobs that the council adjourn Executive Session at 8:41 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146849 - Morrissey/Jacobs that the Council adjourn at 8/:41 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 20 of 284 CITY OF WATERLOO Council Communication Proclamation declaring April 22 - 28, 2018 as Arbor Week. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 4/11/2018 - 11:36 AM Clerk Office Higby, Nancy Approved 4/11/2018 - 11:39 AM ATTACHMENTS: Description Type a Arbor Day 2018 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 21 of 284 CITY OF WATERLOO, I0WA WHEREAS, WilEREAS, WHEREAS, WHEREAS, PROCLAMATION trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors, contributing greatly to our positive image; and the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and the management of trees increases the benefits to our community through planning, planting, maintenance, timely removal and replacement; and the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 22 — 28, 2018, as ARBOR WEEK in Waterloo, Iowa, and encourage all citizens of Waterloo to celebrate this occasion and the beauty of our city by planting a tree. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 161" day of April 2018. ATTEST: Lelley Fe City Cler hie Quentin Hart Mayor CITY OF WATERLOO Council Communication Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Neighborhood Mart, 2102 Lafayette Street, Waterloo, Iowa 50703, Sale of Tobacco to Minor, First Offense (new owner) City Council Meeting: 4/16/2018 Prepared: 4/5/2018 REVIEWERS: Department Reviewer Action Legal Even, LeAnn Approved ATTACHMENTS: Description SUBJECT: Submitted by: Summary Statement: Expenditure Required: Type Date 4/11/2018 - 10:20 AM Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Neighborhood Mart, 2102 Lafayette Street, Waterloo, Iowa 50703, Sale of Tobacco to Minor, First Offense (new owner) Submitted By: David R. Zellhoefer, City Attorney Store Owner has signed Acknowledgment and paid the civil penalty of $300.00. City Council needs to approve transaction, including having Mayor sign the Order and approve $300.00 civil penalty. None Source of Funds: These funds will be deposited into 010-11-1165-3550 (Police Dept.) Background Information: This owner just recently purchased this store in November, 2017. Otherwise, we would have been looking at a fourth violation under previous owner. Page 23 of 284 SSOhE60 00 O Ln taJ 0 °Moa rn0 11 1 0 N cm AlW 1 S.3curio Fennrrns L_) Ce'u?1S enh,6 Page 24 of 284 IN RE: NEIGHBORHOOD MART ACKNOWLEDGMENT/ 2102 LAFAYETTE STREET SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 FIRST VIOLATION 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 correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. C�fifIC ylinV G YMcic4'J Sarwar Corporation Date: J -'' aoi g 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 and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. j7/ Page 25 of 284 IN RE: NEIGHBORHOOD MART 2102 LAFAYETTE STREET WATERLOO, IOWA, 50703 HEARING COMPLAINT FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(I). 3. On or about January 26, 2018, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three hundred Dollars ($300.00) against Neighborhood Mart, 2102 Independence Ave., Waterloo, Iowa 50703. Davin ' . Zellhoefer Waterloo City Attorney Page 26 of 284 Charges, Dispositions,Sentences Title: ST VS PREECE, AMANDA JO Case: 01071 STA0166533 (BLACK HAWK) Citation Number: W1800683 Defend PREECE, AMANDA JO ant: Count Charge 01 Charg 453A.2{1} Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR e: tion: PRODUCT TO MINOR - 1ST OFF Offens 01/26/2018 Arrest e Date: Date: DPS Number: Adjudication Charg 453A.2(I) Against Type: Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR P e: tion: RODUCT TO MINOR - 1ST OFF GUILTY - Adj.Dat Adj.: NEGOTIATEDIVO e: 02/13/2018 LUN PLEA Adj.Ju LUBBEN, RICK R dge: Comm ents: Sentence Charg 453A.2(1) Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR P e: tion: RODUCT TO MINOR - 1ST OFF Senten 02/13/2018 Sentenc FINE ce Date: e: Appea Sen.Jud LUBBEN, RICK R ge: Facilit Attorne y Type: y: Restit N Drug: N Extradition: N ution: Page 27 of 284 Lic.Re N voiced: Fine Amount: Comm en t: 65 DDS: N Duratio Register Batterer: CN=John Q Public,O=JUDICIAL Certain details of case data are only shown to subscribers. 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For exclusive use by the Iowa Courts Page 28 of 284 rill It Iia ce FY2®1 ;qty ., IC20(k li ce . dress tate ; J(I IESUL.Td check one) Time Checked��b Clerk Inforrrtatioil ❑ Male 1$ em,aie (NAME ONLY REQUIRED F NON CO ir'1IANT) um Italia • Von Cohipltarxt u ULlnablefo COmpl (Not Applicable) First Nate , 'YAW\ (0\( Middle Initial Last Hattie, 1'�Llk` Case# have issued a crlrrpinal citation: to the clerklrsted:above forsellrng'tobacco; 6 ..., altetnativenicotine or vapor products #o a person -under age erghfeen to !a Code § 453A 2(i) fE If the compliance check "result rs Nen Compl ant a citation must be issued, before your department niay receve p� If Unable to Complete the Compliance ~Check (check one) Establish lent has a VALID PERMIT but Ddes Not Sell Tobacco, Alternative Nicotine: or Vapor: Products Permit Status Verified by City Clerk or County Auditor , ete ❑ Establishlrlent No Loriger Holds a Valid TobTact o, Alternative Nicotine or VaporProduct Permit ©Establishment rs Out:of Business Establishinent Is designatedas •an "Unsatlsfactory Condition" nsatisfactory Condition"verified by,ABD Investigator Officer Conducteda WW4I1r60 0;014 Preinlses [Explariaticn RequireU rn Comments Section Below) .114i -eta of the above reasons apply, write reason and explanationon ebactC of the form -seepage 4 far reason list yment )' OFFICER INFORMATION (OFFICER THAT CONVDUCT'ED CoMFUANCE CHECI First Name: Badge; Midd[e Inittai Last Name j a CONFIDENTIAL INFORMANT (CI) '171:17 Cl Gender, l Maie p Female CI Number, CI: Ethnicity kWhite ❑Asian 0 frlcan American 0 Native American q Ilspainic 1 (Last 4 d{gits 6f1.011)). . . ❑ Other'. F ESULTS OI' .ATTEMPTED PURCHASE: Attempted Purchase Item Cigarettes d Srriokeiess Tobacco .- •..• Vapor Product 0 Alterhat(ve Nicotine Product. Aye Requested? 0 YES NO > trequested?.. YES r, ©NO Officer Signature 7 © Otiier Tobacco Product • COMMENTS Page 29 of 284 Rev. 1212011 IOWA IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST WATERLOO , IA 50703 (319) 291-4340 Case Number W18-006834 DaterTime of Report 1/2612018 15:46 Hrs Status 02 - INACTIVE SUMMARY County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT ORI Number IA0070300 Is Date and Time of Incident Known? Yes Incident Date or Lower Date Range 01/26/2018 Upper Date Range Incident Time or Lower Time Range 15:30 Hrs. Upper Time Range Hrs. Day of Week Incident Occurred FRIDAY Exceptionally Clea ed _ Date Cleared Excepttona€€y INCIDENT REPORTED BY Was Incident Reported by a Victim? NO Reporting Victim's Sequence No. Name - Last First Middle Suffix HOELSCHER BRIAN Business Name (if Incident was Reported by a Business) Address 715 MULBERRY ST City State Zip Code WATERLOO IA 50703 Home/Cell Phone Work Phone (319) 291-4340 OFFENSE 001 Seq. No. 001 Ordinance STATE Code Section 453A.2{1) UCR Offense Code ALL OTHER OFFENSES - 90Z Charges/Offense EMPLOYEE PROVIDING TOBACCONAPOR PRODUCT TO MINOR - 1ST OFF Attempted/Completed C - COMPLETED Typo of Criminal Activity (up to 3) Type of Weapon/Force Involved (up to 3) 99 - NONE Gang Information (up to 2) N No. of Premises Entered `Method of Entry Offender Suspected of Using (up to 3) N - NOT APPLICABLE LOCATION OF OFFENSE Location Type 07 - CONVENIENCE STORE X Coordinate 556328.187 Y Coordinate 4704420 Literal Description 2102 LAFAYETTE VICTIM 001 Type of Victim S - SOCIETY/PUBLIC Sequence No. 001 Business/Organization/Stale/County/Municipality Name CITY OF WATERLOO Address City State Zip Code Phone 715 MULBERRY ST WATERLOO IA 50703 VICTIM CONNECTED TO UCR OFFENSE CODES UCR Offense Coda 1 ALL OTHER OFFENSES - 90Z UCR Offense Code 2 UCR Offense Code 3 UCR Offense Code 4 UCR Offense Code 5 UCR Offense Code 6 UCR Offense Code 7 UCR Offense Code 8 UCR Offense Code 9 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances END OFFENSE 001 OFFENDER 001 Type of Offender 01 - Offender Sequence No. 001 NIBRS Offense Sequence Numbers 001 Lesser Offense Sequence Numbers Name - Last First Middle Suffix PREECE AMANDA Atias(es) Address City State Zip Code 316 FRENCH ST WATERLOO IA 50703 Home Phone (319) 433-5705 DOS Known? DOB Age or Lower Age Range Upper Age Range YES 05/16/1986 31 SSN 483-08-4155 Resident Status R - RESIDENT Drivers License - Number Printed At: WATERLOO POLICE DEPARTMENT Stale Gender Height Weight Eye Color 1129!2018 9:07 AM Hair Color Page 1 Form If: Regesa0 of 284 038AA1592 IA F - FEMALE 5' 04" 215 LBS BROWN - BRO BROWN - BRO Skin Tone LIGHT - LGT Race W - WHITE Ethnicity N - NOT OF HISPANIC ORIGIN Scars/Merksfrattoos UNK Offender Present When Officer Arrived? NO Type of injury (up to 5) N -NONE EMPLOYMENT OR SCHOOL INFO Employer or School NEIGHBORHOOD MART Occupation CLERK Address 2102 LAFAYETTE ST City WATERLOO State Zip Code IA 50703 Work Phone ARREST INFO Offender Arrested? Arrest Trans. Booking No. Type of Arrest Arrest Date Arrest Time YES 1 S - SUMMONED/CITED 01/2612018 16:15 Hrs. Associated Offense Sequence No. Miranda By Miranda Date Miranda Time Reporting Officer HOELSCHER BRIAN Badge Number H3661 Hrs. Arreslee Condition Arrestee Armed With (up to 2) S - SOBER 01 - UNARMED Place of Birth Multiple Arrestee Indicator Additional Incidents Cleared JUVENILE INFO Parent/Guardian Contacted? Name - Last First Middle Suffix Address City State Zip Code Home Phone Work Phone Juvenile Arrestee Disposition END OFFENDER 001 OFFICER'S INVESTIGATIVE NOTES On Friday January 26, 2018, Waterloo Police Officers utilizing an underage C1 conducted tobacco compliance checks in the City of Waterloo. The CI was given instructions to request to purchase a package of Marlboro Red cigarettes, to give their State of lowa issued driver's license if requested, to verbally provide their actual birth date if requested, and to leave the cigarettes and change on the counter and exit the business if a sale occurs. On this date at approximately 1534hrs, the underage CI entered the business and stood in line for approximately 3 or 4 minutes. When the CI approached the counter they requested to purchase a package of Marlboro Red cigarettes. The clerk, identified as the Offender, asked the CI for their identification. The CI provided the Offender with their State of Iowa issued driver's license. The Offender then retrieved a package of cigarettes and proceeded to ring them up through the register. The Offender then looked at the Cl's driver's license, and then handed the license back. The CI then gave the Offender a 20 dollar bill for payment and received change. The CI then put down the change and left the business. Officers were standing directly behind the CI and witnessed the transaction occur. The Offender was informed of the violation and issued a summons under the listed offense. The purchased cigarettes have been tagged into the property division as evidence. Case closed. Sergeant Brian Hoelscher H3661 OFFICER CompiainanUReporting Party Signature Reporting Officer HOELSCHER BRIAN Badge Number H3661 Supervisor IVICCLELLAND, AARON Badge Number M3626 Video Taken? (Check All That Apply) 00 -NONE Evidence Seized? NO Photos Taken? NO Incident Assigned To INV Printed At: WATERLOO POLICE DEPARTMENT 1/29/2018 9:07 AM Page 2 Form fl: Pageo€334 of 284 This Complaint and Affidavit is to be: ® Filed with Court Clerk (cc: CA) ❑ Submitted to County Attorney ❑ Filed with JCO - Defendant is a Juvenile IN THE IOWA DISTRICT COURT IN AND FOR BLACK HAWK COUNTY THE STATE OF IOWA VS, Agency Case Number: W18-006834 Arrest Date: 01/26/2018 ,Y— Last PREECE First AMANDA Middle JO Suffix Address 316 FRENCH ST City WATERLOO State IA Zip Code 50707 DL# 038AA1592 State IA DL Class 0 DL Endorsements DL Restrictions ' Date of Birth 05/16/1986 Gender FEMALE Race WHITE - W Ethnicity NOT OF HISPANIC ORIGIN - N Height 5' 04" Weight 215 LBS Eye Color BROWN - BRO Hair Color BROWN - BRO State County Local ❑ • Code Section 453A.2(1) Crime Description EMPLOYEE PROVIDING TOBACCONAPOR PRODUCT TO MINOR - Speed in Zone Class SCHT Serious P.I. ❑ Fatal Accident ❑ Civil Damage Assessment ❑ - Other Location Type 07 - CONVENIENCE STORE Literal Description NEIGHBORHOOD MART Address 2102 LAFAYETTE ST City WATERLOO State IA Zip Code 50703 Is Date and Time of Incident Known? YES Incident Date or Low Range 01/26/2018 Upper Date Range Incident Time or Low Range 15:30 Upper Time Range NARRATIVE Narrative of Offense Committed On or about the above stated date and time, the Defendant did unlawfully sell, give or otherwise supply tobacco, tobacco products or cigarettes to a person under eighteen years of age by an employee of a retailer I nromiso to appear in said court at said time and place. 1 TAKEN INTO CUSTODY CUSTODY 02/13/2018 SUMMONS TO APPEAR ❑ In the Court At BLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET, WATERLOO 50703 (Citation Issued) WARRANT REQUESTEDNO CONTACT ORDER ❑ RELEASED TO ❑ ❑ REQUESTED PARENT/GUARDIAN NARRATIVE Narrative of Offense Committed On or about the above stated date and time, the Defendant did unlawfully sell, give or otherwise supply tobacco, tobacco products or cigarettes to a person under eighteen years of age by an employee of a retailer I nromiso to appear in said court at said time and place. AFFIDAVIT STATE OF IOWA, BLACK HAWK COUNTY 1, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my belief that the defendant committed this crime State all facts and persons relied upon supporting elements of alleged crime On Friday January 26, 2018, Waterloo Police Officers utilizing an underage CI conducted tobacco compliance checks in the City of Waterloo. The CI was given instructions to request to purchase a package of Marlboro Red cigarettes, to give their State of Iowa issued driver's license if requested, to verbally provide their actual birth date if requested, and to leave the cigarettes and change on the counter and exit the business if a sale occurs. On this date at approximately 1530hrs, the underage CI entered the business and stood in line for approximately 3 or 4 minutes. When the CI Printed At WATERLOO POLICE DEPARTMENT 1/26/20185:31 PM Page 1 of 2 Form #: W18-006834 Page 32 of 284 aiwrksatoappw51;44cx,2[ILIallavdf' Court Date 02/13/2018 j.7j) �..L--Pl'.1_-'•- —g Signature of Defendant Court Time 9:00 AM In the Court At BLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET, WATERLOO 50703 AFFIDAVIT STATE OF IOWA, BLACK HAWK COUNTY 1, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my belief that the defendant committed this crime State all facts and persons relied upon supporting elements of alleged crime On Friday January 26, 2018, Waterloo Police Officers utilizing an underage CI conducted tobacco compliance checks in the City of Waterloo. The CI was given instructions to request to purchase a package of Marlboro Red cigarettes, to give their State of Iowa issued driver's license if requested, to verbally provide their actual birth date if requested, and to leave the cigarettes and change on the counter and exit the business if a sale occurs. On this date at approximately 1530hrs, the underage CI entered the business and stood in line for approximately 3 or 4 minutes. When the CI Printed At WATERLOO POLICE DEPARTMENT 1/26/20185:31 PM Page 1 of 2 Form #: W18-006834 Page 32 of 284 approached the counter they requested to purchase a package of Marlboro Red cigarettes. The clerk, identified as the Offender, asked the CI for their identification. The CI provided the Offender with their State of lowa issued driver's license. The Offender then retrieved a package of cigarettes and proceeded to ring them up through the register. The Offender then looked at the CI's driver's license, and then handed the license back. The CI then gave the Offender a 20 dollar bill for payment and received change. The CI then put down the change and left the business. Officers were standing directly behind the CI and witnessed the transaction occur. The Offender was informed of the violation and issued a summons under the listed offense. HOELSCHER, BRIAN H3661 Signature of Complainant or Officer, Officer Name & Number GENERAL PROBABLE CAUSE Defendant Implicated 02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury STATE OF IOWA, BLACK HAWK COUNTY Rt AC �P . +3//0 • Milli • fOW% Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on 01/26/2018 Notary Name AARON MCCLELLAND Signature of Verifying Party Commission Number 750545 1 My Commission Expires 01/02/2020 Ej Peace Officer ,,,,, Attorney '‘. Notary El Prosecuting Any person who fails to appear in court as specified by the citation may be guilty of a separate offense and the court may issue a warrant for their arrest. Printed Al WATERLOO POLICE DEPARTMENT 1/26/2018 5:31 PM Page 2 of 2 Farm tl: W18-006834 Page 33 of 284 CITY OF WATERLOO Council Communication Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 6-10, 2018 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Police Department Clerk Office ATTACHMENTS: Description ❑ MWD noise variance a MWD Parade route SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Mohlis, Dave Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 4/11/2018 - 11:23 AM 4/11/2018 - 11:49 AM Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 6-10, 2018 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. Submitted By: Dave Mohlis, Police Captain Approve Request from My Waterloo Days for street closures, noise variance and park usage. They are requesting the following street closures: June 6th, 7th and 8th --400 Block of E. 4th, 400 block of Park Ave and 500 block of Mulberry for set up and People in the Park (Lincoln Park) along with noise variance. June 8th --Parade Route bag meters at 1 PM and streets by 6 PM, Parade Starts at 6:30 and will travel from Lafayette and Park travel south Park and Bluff, Bluff to 4th, and then north on 4th to Mulberry and ends at Mulberry and Park Ave. All roads closed until completion of the parade. June 9th --5K Color Run Route, 8:00 A.M. Route to be determined. June 9th, Music on the Cedar, from 11 AM to 11 PM with music and alcohol sales and utilize the Amphitheater noise variance. June 9th, Closure of Park Ave bridge for set up of the fireworks display. Expense for barricades and traffic control for various events. My Waterloo Days has agreed to reimburse PD Overtime costs up to $1400. General None Page 34 of 284 Page 35 of 284 n Franklin St Q r -r Fire Station Elks Parking Lot Mullberry St Queen of Peace Lafay ette St Sycamore St Post Office Commercial St Jefferson St SportsPlex Hwy 218 2018 MWD Parade 1��11111� YWCA START Lincoln Park ........Elk. ..12 Parking Ramp Ceda iver Cedar St Library Dekhockey/ RiverLoop Expo RiverLoop Expo Washington St 5 Sullivan Brothers Convention Center pannannannang STOP Ramada Page 36 of 284 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, for the FY 2018 Sidewalk Repair Program - Zone 8, Contract No. 948, and instruct City Clerk to publish notice. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Thorson, Eric Even, LeAnn Action Approved Approved Date 4/11/2018 - 9:03 AM 4/11/2018 - 10:28 AM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, for the FY 2018 Sidewalk Repair Program - Zone 8, Contract No. 948, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Plans prepared by the City Engineer's Office. To be determined 417 & 418 G.O. Bonds SCOPE OF WORK This project consists of removing and replacing PCC sidewalk of various widths and thicknesses and placement of ADA truncated domed ramps where required within Zone 8 of the City of Waterloo's Sidewalk Repair Program. This project is generally located in an area bounded by: Highway 63 — Campbell — Williston — Baltimore — Ridgeway — Highway 63 Page 37 of 284 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date ofpublic hearing as May 7, 2018, in conjunction with the FY 2018 Bridge and Culvert Repairs, Contract No. 950, and instruct City Clerk to publish said notice. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Engineering Clerk Office Engineering Engineering Engineering Engineering Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Thorson, Eric Higby, Nancy Higby, Nancy Ross, Tracia Thorson, Eric Ross, Tracia Thorson, Eric Even, LeAnn Action Approved Rejected Rejected Approved Rej ected Approved Approved Approved Date 4/4/2018 - 9:25 AM 4/4/2018 - 10:54 AM 4/4/2018 - 10:54 AM 4/10/2018 - 5:20 PM 4/11/2018 - 9:32 AM 4/11/2018 - 9:36 AM 4/11/2018 - 9:41 AM 4/11/2018 - 10:35 AM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date ofpublic hearing as May 7, 2018, in conjunction with the FY 2018 Bridge and Culvert Repairs, Contract No. 950, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer Plans prepared by AECOM. To be determined Road Use Tax 266-07-7400-2161 Page 38 of 284 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Waste Management Clerk Office Reviewer Rath, Brian Even, LeAnn ATTACHMENTS: Description a HVAC Cooling Upgrade a Memo to Waterloo Mayor and City Council SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo Date 4/11/2018 - 10:49 AM 4/11/2018 - 10:56 AM Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services Approve the specifications, etc. and taking of bids, and set the date of bid opening and hearing $98,077.00 S ewer Page 39 of 284 WATERLOO WASTE WATER TREATMENT PLANT HVAC UPGRADE PROJECT SCOPE Two existing air handling systems and associated DDC temperature controls located in the Administration Building are to be upgraded One air handling system serves the Lab Space and the other air handling system serves the remainder of the building which includes administrative offices. The upgrade will include removing and replacing the existing DX cooling coil in each air handling system as well as removing and replacing the air cooled condenser in each of the air handling systems. This will also require new refrigeration piping between the DX cooling coil and the air cooled condenser for each system. The existing systems utilize refrigerant R22 ( obsolete and no longer available ) and the new equipment will utilize refrigerant R -410A, thus the refrigeration piping must be replaced. With the installation of the new air cooled condensers, new conduit / wire feeders from the existing motor control center will also be provided. For better space temperature and humidity control, the Lab Space air handling system will be provided with a new supply duct mounted hot water reheat coil. The existing DDC temperature controls will also be upgraded to provide better space pressurization control for the Lab Space. Two new air flow measuring stations will be installed, one in the supply duct and one in the return duct. New DDC controls will also be provided for the duct mounted hot water re- heat coil and also in the lab for space temperature control and space relative humidity control. The driving force behind the upgrade is equipment age and the fact that the existing equipment is now obsolete. There is also a history of poor or inadequate performance of the existing DDC control system due primarily to shortcomings in the original mechanical system design. Page 40 of 284 Waterloo Waste Water Treatment Plant HVAC November 13, 2017 Project No. 17-42 COST ESTIMATE A. Office AHU — Replace AHU DX coil, air cooled condenser and refrigeration piping. DX Coil & ACCU: 30% OH&P: Demolition/Disposal of Existing: Crane Rental: $ 12,900 $ 3,870 $ 16,770 $ 8,500 $ 2,000 Labor to set ACCU 12 hrs x 65 $/hr: $ 780 Labor to remove & re -install DX Coil 16 hrs x 65 $/hr: $ 1,040 Labor to install new refrigerant piping 42 hrs x 65 $/hr: $ 2,730 Unit start up 16 hrs x 65 $/hr: Refrigeration Lines Total Estimated Cost: $ 1,040 $ 1,200 $ 34,060 B. Lab AHU — Replace AHU DX coil, air cooled condenser and refrigeration piping. Install new hot water re -heat coil and new DDC controls. DX Coil & ACCU: 30% OH&P: Demolition/Disposal of Existing: Crane Rental: Labor to set ACCU 12 hrs. x 65 $/hr: $ 12,900 $ 3,870 $ 16,770 $ 8,500 $ 2,000 $ 780 Page 41 of 284 Labor to remove & re -install DX Coil 16 hrs x 65 $/hr: Labor to install new refrigerant piping 42 hrs x 65 $/h r: Refrigerant Lines Unit start up 16 hrs x 65 $/hr: Hot water re -heat coil: 30% OH&P: Piping & Insulation allowance: Installation in ductwork: DDC Temperature Controls Total Estimated Cost: $ 1,040 $ 2,730 $ 1,200 $ 1,040 $ 985 $ 296 $ 1,281 $ 4,160 $ 2,600 $ 13,000 $ 55,101 Total Estimated Cost: $ 34,060 + $ 55,101 = $ 89,161 10% Contingency: $ 8,916 $ 98,077 Page 42 of 284 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director April 11, 2018 Memo to Waterloo Mayor and City Council: RE: Upgrade and replacement of WM Admin HVAC cooling system Background Discussion Last year the air conditioning system for the administration building failed resulting in two temporary cooling units to be installed. Due to the complexity and requirement to competitively bid the upgrade and replacement units, Kapaun Consulting Engineers was hired to engineer and prepared plans and specifications for this project. Recommended Action It is recommended that the city council approve the resolution approving plans, specification, bid document etc. and setting date of bid opening for May 3, 2018 followed by public hearing May 7, 2018. Page 43 of 284 CITY OF WATERLOO Council Communication Resolution fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,700,000 Sewer Revenue Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 4/11/2018 - 10:52 AM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:53 AM ATTACHMENTS: Description Council Comm FYE2018 SRF Loan for CIPP Phase IIIa SUBJECT: Submitted by: Summary Statement: Source of Funds: Policy Issue: Alternative: Type Cover Memo Resolution fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,700,000 Sewer Revenue Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof. Submitted By: Michelle Weidner, Chief Financial Officer We are planning to sell $1.6 million in sewer revenue capital loan notes through the State of Iowa Clean Water Revolving Fund this spring. Repayment will be made from the Sewer fund, using user fees. The issuance of capital loan notes commits the City to future repayment. The City could choose not to sell the Capital Loan Notes. However, the expenses to be funded with these notes have already been incurred. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. The City will use this loan to provide permanent financing for the Cured in Background Information: Place Pipe Lining Phase IIIa project that was completed this year. Page 44 of 284 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 CHRIS SHIMP Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: April 16, 2018 April 11, 2018 Michelle Weidner None Sewer Revolving Fund Loan Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Resolution setting date of public hearing as April 30, 2018 on the proposal to authorize a Loan and Disbursement Agreement and the issuance of Not to Exceed $1,700,000 Taxable Sewer Revenue Capital Loan Notes and instruct City Clerk to publish said notice. Summary Statement: Resolution setting date of public hearing as April 30, 2018 on the proposal to authorize a Loan and Disbursement Agreement and the issuance of Not to Exceed $1,700,000 Taxable Sewer Revenue Capital Loan Notes and instruct City Clerk to publish said notice. Please note that the hearing amount indicated is being set higher than the actual amount we plan to sell. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from the Sewer fund, using sewer fees. Policy Issue: The issuance of capital loan notes commits the city to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. However, the expenses to be funded with these notes have already been incurred. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. Background: The City will use this loan to provide permanent financing for the Cured in Place Pipe Lining Phase Ilia project that was completed this year. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 45 of 284 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as April 30, 2018 for a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2", One and Two Family Residence District, directly adjacent to 5050 Foulk Road, and instruct City Clerk to publish notice. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department P lanning & Zoning Planning & Zoning P lanning & Zoning Clerk Office Reviewer Schroeder, Aric Andera, Tim Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved ATTACHMENTS: Description Type ❑ Foulk Rd Rezone - Al to R2 Cover Memo SUBJECT: Submitted by: Recommended Action: Date 4/11/2018 - 9:54 AM 4/11/2018 - 10:13 AM 4/11/2018 - 10:37 AM 4/11/2018 - 10:41 AM Resolution setting a date of public hearing as April 30, 2018 for a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2", One and Two Family Residence District, directly adjacent to 5050 Foulk Road, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request to set the date of public hearing as April 30, 2018 for a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foulk Road. Rezoning the properties to "R-2" One and Two Family Residence district to allow for new home construction would be compatible with already existing residential development in the area. The minimum lot requirements for a single-family home in the "R-2" One and Two Family Residence District is lot size of 6,000 SF, lot width of 50' and front, side and rear setbacks of 20', 5' and 20'. It should be noted that the front yard setback for a home built on these two lots would need to meet the average setbacks of abutting homes. The houses at 5050 and 5072 Foulk Road appear to have front yard setbacks of 53' to 56', however, the Zoning Ordinance states that the Page 46 of 284 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: required front yard setback need not exceed 50'. For a two family dwelling, the minimum lot requirements is a lot size of 8,000 SF, lot width of 70' and the setbacks are the same as what is required for a single-family home. The north lot is 131'x 182' with a lot area of 23,842 SF (0.54 acres) and the south lot is 120'x 182' with a lot area of 21,840 SF (0.50 acres) The two lots in question well exceed the minimum lot requirements for the "R-2" One and Two Family Residence District. The two lots also well exceed the minimum lot requirements for the "R-1" One and Two Family Residence District, which has larger lot size and setback requirements, however, with nearby properties zoned "R-2" One and Two Family Residence District, staff felt it was appropriate to stay consistent with existing zoning in the area. The two lots in question is located within the Zone -AE 100 Year Floodplain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0309F, dated July 18, 2011. The Base Flood Elevation (BFE) for this particular location is approximately 835' above Mean Sea Level. A home can still be built in the 100 Year Floodplain, however, the lowest floor elevation (including basements) shallbe at least 1' above the BFE. At their April 3, 2018 meeting the Planning and Zoning Commission voted unanimously to recommend approval the rezone request. None N/A Zoning and Land Use See attached Exhibit "A" Page 47 of 284 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT Adj to 5050 Foulk Rd —Al to R2 April 3, 2018 Request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1 "Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foulk Road. City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. The applicant is requesting to rezone the properties in question to a residential zoning designation to allow the lots to be developed for new home construction. The request would not appear to have a negative impact upon the surrounding neighborhood and land use in the area as the area primarily comprises of residential development, with the exception of agricultural uses to the north of East Shaulis Road. The area and lots are served by Foulk Road from the north and south and East Shaulis Road from the east and west. Both of these roadways are classified as Local Streets and the development of the two lots for new home construction would not appear to have a negative impact upon vehicular traffic or pedestrian conditions in the area. This area is not served by public sidewalk, however the Cedar Valley Nature Trail is located approximately 2,000' to the east of this location just outside the city limits in unincorporated Black Hawk County. There are plans to extend a recreational trail along the south side of East Shaulis Road that would connect with the Cedar Valley Nature Trail. There appears to be potential to extend sidewalks in this area in the future, and that would appear to meet the Complete Streets Policy. The area in question is zoned "A-1 Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in February of 1969. Surrounding land uses and their zoning are as follows: North — Agricultural uses, zoned "A-1" Agricultural District. South — Single-family residences, zoned "A-1" Agricultural District. East — Single-family residences, zoned "A-1" Agricultural District West — Lloyd Randall Park, zoned "A-1" Agricultural District and "R- 2" One and Two Family Residence District. The house located between the two lots in question at 5050 Foulk Road was zoned "R -2,C -Z" in November of 1992 to allow for the home to be partially used as a taxidermy shop. Staff is unaware if that residence still has a taxidermy shop, and if an owner proposed to change that use to another use, they would have to go through a review process to amend the conditions placed on the property in 1992. The area is comprised of agricultural and residential uses with the houses being constructed in the 1960s and 1970s. The proposed pgDge 48f 6f 284 HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: Adj to 5050 Foulk Rd —Al to R2 April 3, 2018 use of the two lots for new homes would appear to be compatible with existing residential development in the area. No buffers would be required as a part of this rezoning request. The rezoning request would not appear to have a negative impact upon drainage in the area. The two lots in question are located within the Zone -AE 100 Year Floodplain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0309F, dated July 18, 2011. Within the meeting packet are two pictures from the 2008 Flood that show both lots not being inundated by any flood waters. It is the intent of the City of Waterloo to file for a Letter of Map Amendment (LOMA) on both properties to remove them from the floodplain. The Base Flood Elevation (BFE) for this particular location is approximately 835' above Mean Sea Level. If no LOMA were filed on the properties, a home can still be built in the 100 Year Floodplain, however, the lowest floor elevation (including basements) shall be at least 1' above the BFE. Lloyd Randall Park, which is 15.91 acres, is located directly to the west of the two lots in question. There are no schools within the nearby vicinity. There are 12" sanitary sewers located within both Foulk Road and East Shaulis Road, and there is a 30" storm sewer located in Foulk Road. There is a 12" water main in Foulk Road and 16" water main in East Shaulis Road. The Future Land Use Map designates this area as Low Density Residential, which equal approximately six housing units per acre, and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The area is located within the Primary Growth Area and it is located near existing sewer and water, a developed transportation network and it is adjacent to existing residential development. The proposed rezoning request would appear to be in line with Land Use Goals 4, 7 and 13. Rezoning the properties to "R-2" One and Two Family Residence district to allow for new home construction would be compatible with existing residential development in the area. The minimum lot requirements for a single-family home in the "R-2" One and Two Family Residence District is a lot size of 6,000 SF, lot width of 50' and front, side and rear setbacks of 20', 5' and 20'. It should be noted that the front yard setback for a home built on these two lots would need to meet the average setbacks of abutting homes. The houses at 5050 and 5072 Foulk Road appear to have front yard setbacks of 53' to 56', however, the Zoning Ordinance states that pgDge 49f 6f 284 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Adj to 5050 Foulk Rd —Al to R2 April 3, 2018 the required front yard setback need not exceed 50'. For a two family dwelling, the minimum lot requirements is a lot size of 8,000 SF, lot width of 70' and the setbacks are the same as what is required for a single-family home. The north lot is 131'x 182' with a lot area of 23,842 SF (0.54 acres) and the south lot is 120'x 182' with a lot area of 21,840 SF (0.50 acres) The two lots in question well exceed the minimum lot requirements for the "R-2" One and Two Family Residence District. The two lots also well exceed the minimum lot requirements for the "R-1" One and Two Family Residence District, which has larger lot size and setback requirements, however, with nearby properties zoned "R-2" One and Two Family Residence District, staff felt it was appropriate to stay consistent with existing zoning in the area. Lloyd Randall Park was deeded to the City of Waterloo in March of 1974 and the two lots in question were split off from the park in 2006. Since these two lots were created after the adoption of the Zoning Ordinance in 1969, they are not considered Lots of Record, so the rezoning to a residential use is required to allow for new homes to be constructed upon them. If the two lots were Lots of Record, meaning they existed as is prior to the adoption of the Zoning Ordinance, the two lots could be built upon and a rezoning would not be necessary. There is no platting requested with this item. Therefore, staff recommends that the request to rezone two properties of 0.50 and 0.54 acres, for a total of 1.04 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located to the north and south and abutting 5050 Foulk Road, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed residential zoning district would be consistent with residential development in the area. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. 4. Rezoning the land to a residence district will create two buildable parcels for new home construction. PgDgL 56f 6f 284 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 A-1 � , IN MN CREST ID_GE DR 11 MN III,. OAK RIDGE RD O I —W — r Fn C „._I BELLE ST -M-1 • 4 NE i 1 ITI W� m_ OAK RIDGE -' 1 co 1 J �I J o_ II 1 -J 9 111111 _ A-1 ■ R-1 1111.11 Rr1 U O1 .C- J �' 4 R-2 CC 0 A-1- y R-3; R -P R-4 alk cc.....,_ _, O Illia-= Xx I. /�KNE.t. �?\� W c2-) .S'�• '2 Ali R KNOL`IR< QJ v . �G� ),%P�,I O� C,q � K � _ si -1/o a ' F 1?"-- �O� R OI J A. -57., TULIP_ LN , --,K ? .IN— IDING 1 KIPLI GTO JSP I I I I I I TELLING ELLINGTON,ST 1N VIOLET DR BRISTOL' RD "BRISTOL"RD OL RD` 0 TT 1111 1 11HT - NE.`O)<NGE_JLij .uwUO jE?ORANGE Q ]z J � 0 C-2 A-1 E. SHAULIS R III i SUBURBAN DR 1 CH/CO DR= ll III) NORTH AVE IIIA CC O\ MC KELLAR RD Adjacent to 505o Foulk Road Rezone from "A-1" to "R-2" City of Waterloo Page 51 of 284 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 E. SHAULIS RD E. SHAULIS RD Proposed Rezone Area % „®� 5050 Foulk Road Proposed Rezone Area Adjacent to 5O5o Foulk Road Rezone "A-1" to "R-2" City of Waterloo Page 52 of 284 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 Legend j City LOMA's FLOODWAY FLOODvvAY 07/18/11 DFIRM FLOODPLAIN FLOOD_ZONE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE ® AO X PROTECTED BY LEVEE E. SHAULIS RD 5050 Foulk Road Proposed Rezone Area Adjacent to 505o Foulk Road Rezone "A-1" to "R-2" City of Waterloo Page 53 of 284 PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY, NO LIABILITY IS ASSUMED 7 • ! l E P O Box 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, EITHER U EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WaterlooL4 O W WOR <S Iowa 50704 �. WATER WORKS OR THEIR EMPLOYEES. BLACK HAWK COUNTY AND THE - �,. WATERLOO WATER WORKS MAKES NO WARRANTY, EXPRESSED OR Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP, AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. Paae aae 5 i1 of 284 .,., -.LD 1.5,1—..- — N.., '. 16" main inESh -- m approx. 14` S of c/IX20 I Page 1 of 2 . KESS &ASSOCIATES MAP FILED IN MAP DRAWER Z Document Number: 2007009175 Date: Oct 20, 2006 Aud Fee: 0.00 Trans Tax: 0.00 E -Corn Fee: 1.00 4:30:00 pm Rec Fee: 10.00 Rec Management Fee: Non -Standard Page Fee: Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder 1.00 KIRK D. ESCHLIMAN, P.L.S., IA. LIC. NO. 9961, 723 BROADWAY STREET, WATERLOO, IA. 50703 PHONE: 319-234-0509 (DRAWING: 06B83PS1.OWG) 0.00 GRAPHIC SCALE 60 120 • NORTH 1/4 CORNER SEC 18, 1884, R126 FOUND CONCRETE W.P.A. MONUMENT 0.2 FT. ABOVE GROUND (In feet) (CGouti o6p��• SE 1/4, SEC. 07, T88N, R12W "'I'" DENOTES ASSUMED BEARING "i" DENOTES SURVEY MONUMENT FOUND b" DENOTES 112' IRON PIN & CAP SET 0.00' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION (2.848.34') (88917'15-W) EAST SHAULIS ROAD F0. CCM *P.4, (1,326.22') MOMIIIENT (NOOYS'09•W1 EAST 1/4 CORNER SEC. 07, 18814. RIP' F0. 1404 REBAR (1.325.96') IN ASPHALT NE (600'45'09"8) CBR. SE 1/4, SE 1/4 SEC. 07, T96N, 0126 1� CENTERLINE 88 FT. PUBUC RIGHT OF RAT `1 EAST UNE NE 1/4, SEC 18. T88. 6121. CITY OF WATERLOO, SUCK NASA 0)0)1416. ORA SET AY34 REBAR 81/YT110W 0, 0AR (181.52') 'IO'WA - 9961' FOUND 1.0' (N89'17'15"E) 0 CURRENT OWNER: WATERLOO BOARD OF PARKS COMMISSIONERS PER BLACK HAWK COUNTY RECORDER'S OFFICE: DEED BOOK 514. PACE 534 SET 80.4 8E6AR W/AELLOW D. CAP WW RCAF 1054 - 9981' 0.15 FT. SOUTH PARCEL "B", NE 1/4 "1 "AST p_i SEC. 18, T88N, R12W CITY OF WATERLOO, 0R BLACK HAWK COUNTY 1 STATE OF IOWA 15 FT. RECREATION P86 EASEMENT PAGE 534) (DEED BOOK 514, SURVEY FOR: CITY OF WATERLOO - SURPLUS LAND, LLOYD RANDALL PARK WATERLOO, IOWA 50702 REQ. BY: NOEL ANDERSON, CITY PLANNER CITY OF WATERLOO, IOWA BASED UPON A FIELD SURVEY COMPLETED ON: OCTOBER 11, 2006 PARCEL LETTERS "B" & "C" ASSIGNED BY THE BLACK HAWK COUNTY AUDITOR'S PLAT ROOM. II FD. 1.0. OPEN RPE -iI 8v l wy nm N— 0. zn W UOW 0. CAP IA UC. N0. 3882 0.05 FT. EAST PARCEL '8' AREA: 23,681.4 SO. FT. 0.548 ACRES 181.5' (181.50') (N89'49'39"W) 70260 L0• CLIPPED PIPE 8/0 D. CAP 0.10 FT. EAST PART OF LOT 27 TRIANGLE TERRACE (C.L.D. BOOK 675, PAGE 604) FGUNO 1.0' CLPPED PPE W/0 0, CAP f- 0. 1 FT. EAST (S89'58'56"E) 181,5 (181.50') P sa FOUND 1.0' CLIPPED RPE W/0 P. CAP 0.18 FT. EAST PARCEL "C", NE 1/4 SEC. 18, T88N, R12W CITY OF WATERLOO, BLACK HAWK COUNTY STATE OF IOWA f- FOUND 1.0• CLIPPED PIPE W ID. CAP 0.24 11. EAST PARCEL •C' AREA: 21,782.5 50. FT. 0.500 ACRES P.O.B. PARCEL F ; PART 181.5' (181.50') (N89'56'19"W) FARO I.0• CLIPPED PIPE W/0 ID. CAP 0.10 F1. EAST OF LOT 27 €$ TRIANGLE TERRACE P R (DEED HOOK 472, PAGE 121) IF. FOUND I.0• CUPPED RPE 6/010. CAP (N89N3'37'W) 012 FT. FAST 181.5' (181.50') LOT 26, TRIANGLE TERRACE FOUND 1.0' OPE14 RPE W/0 D. CAP IFAMNC 50u16 0.31 FT. WEST THIS PLAT OR SUBDIVISION HAS BEEN APPROVED BY BLACK HAWK COUNTY. LEGAL DESCRIPTION: (SEE ATTACHMENT: EXHIBIT "A") P.0.8. 1 PARCEL 'B• SW 1/4, SEC. 08 T88N, R12W (2.835 62') — - - — V (1486'47'30'0) ^ EC. 17. 104 6,CORNER1244 LY SEC. 60 i88K PE FOUND IROU PRE M GRANULAR SURFACED ROAD 5E7 NAG NAIL IN ASPHALT ROAD NOR78EAS CORNER SEC 18, DM, 61216 0 100' SET 40.4 REBAR 8/10)109 ID. CAP 1A860µ 8) t. 0 F IAEA ca o � 0,2 O C/0 0-- FOUND 1.0' OPEN RPE 6/0 ID. CAP 0 0.53 FT. WEST z C4 100' 100' F011N0 I.0" OPEN PIPE 6600. CAP 0.27 71. WEST LOT 11 200' F01IN0 1.0' OPEN PIPE W/0 ID. CAP LEANING NBR114 551 FT. WEST LOT 12 200' R LOT 13 200' SURVEYOR'S CERTIFI CATION I HEREBY CERTIFY THAT THIS LAND WAS PREPARED BY ME OR UNDER SUPERVISION AND THAT I AM A SURVEYOR UNDER THE LAWS OF SURVEYING DOCUMENT MY DIRECT PERSONAL DULY LICENSED LAND THE STATE OF IOWA. • «/11 /Took. 8)R7(0.ESCMUMAN. P.L.S. Y LICENSE RENEWAL OATS 15 WAGES on SHEETS COVERED BY THIS IOWA LIC. NO. 9961 DECEMBER 31. 2007 SIGNATURE AND SEAL: '4 Kirk.... `Dm= *;Eschllman 9981 � r PRET 1 a 2 OP 2 n0, SURPLUS LAND - LLOYD RANDALL PARK UNASSIGNED ADDRESSES FOULK ROAD WATERLOO, IOWA 50702 KESS & ASSOCIATES, INC 9ROFESSIONAL LICENSED LANG SURVEYORS 723 BROADWAY STREET, WATERLOO, IOWA 50703-5811 PHONE: 319-234-0509 FAA: 319-236-3597 RECEIVED BLACK HAWK COUNTY ASSESSOR File Number: 2007-Ofiggg1 : 1 Pagg 2 of ATTACHMENT: EXHIBIT "A" LEGAL DESCRIPTION PARCEL "B" A SURVEY OF PARCEL "B" OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHTEEN (SEC. 18), TOWNSHIP EIGHTY-EIGHT NORTH (T88N), RANGE TWELVE WEST (R12W) OF THE FIFTH PRINCIPAL MERIDIAN (5th P.M.), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 27, TRIANGLE TERRACE, BEING THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST SHAULIS ROAD AND FOULK ROAD; THENCE S00°02'31"W 132.98 FEET ALONG THE EAST LINE OF LOT 27 (ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD) TO THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN C.L.D. BOOK 675, PAGE 604 OF THE RECORDS OF BLACK HAWK COUNTY; THENCE N89°49'39"W 181.50 FEET ALONG THE NORTH LINE OF SAID PARCEL TO SAID PARCEL'S NORTHWEST CORNER; THENCE N00°02'31"E 130.18 FEET ALONG A LINE PARALLEL WITH THE SAID EAST LINE OF LOT 27 TO THE NORTH LINE OF SAID LOT 27 (ALSO BEING THE SOUTH RIGHT OF WAY LINE OF EAST SHAULIS ROAD); THENCE N89°17'15"E 181.52 FEET ALONG THE NORTH LINE OF SAID LOT 27 TO THE POINT OF BEGINNING CONTAINING 23,881.4 SQUARE FEET (0.548 ACRES) SUBJECT TO AN EASEMENT FOR A RECREATION TRAIL OVER THE NORTH 15 FEET OF THE PROPERTY. PARCEL "C" A SURVEY OF PARCEL "C" OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHTEEN (SEC. 18), TOWNSHIP EIGHTY-EIGHT NORTH (T88N), RANGE TWELVE WEST (R12W) OF THE FIFTH PRINCIPAL MERIDIAN (5th P.M.), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DEED BOOK 472, PAGE 121 OF THE RECORDS OF BLACK HAWK COUNTY (BEING A PART OF LOT 27, TRIANGLE TERRACE), SAID CORNER BEING 120 FEET NORTH OF THE NORTHEAST CORNER OF LOT 26, TRIANGLE TERRACE ON THE EAST LINE OF LOT 27, TRIANGLE TERRACE; THENCE N89°56' 19"W 181.50 FEET ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN DEED BOOK 427, PAGE 121; THENCE N00°02'31"E 119.94 FEET ALONG A LINE PARALLEL WITH THE SAID EAST LINE OF LOT 27 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN C.L.D. BOOK 675, PAGE 604 OF THE RECORDS OF BLACK HAWK COUNTY; THENCE S89°58'56"E 181.50 FEET ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN C.L.D. BOOK 675, PAGE 604 TO THE AFORESAID EAST LINE OF LOT 27 (SAID EAST LINE ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD); THENCE S00°02'31"W 120.08 FEET ALONG THE SAID EAST LINE OF LOT 27 (ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD) TO THE POINT OF BEGINNING CONTAINING 21,782.5 SQUARE FEET (0.500 ACRES). D:\Projects 2006\06B-FILES\06b83\06B83-TXT\06B83-Legal.doc SHEET 2 OF 2 File Number: 2007-016g9g't5J: 2 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's n me (. ease print): rf L ItL � •• Address: 7/a 4. _ s Phoe: Fax: City:�fil;eLrtv State: iil Zip: c5o7& b. Status of applicant: (a) Owner k (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of prop rty to be rezoned: Sr" , Gfy 4v 5-, 4DJ4C /' .• tC41. b. Legal description of property to be rezoned: b c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): / 'X/F2-1 /?/�X /$2 d. Area of Proposed Zonin Boundary (Excluding Right of Way): /. i2 ,4C,ef5 e. Current zoning: Requested zoning: ,- L f. Reason(s) for rezoning and proposed use(s) of pr perty: te'Zan/E AGGow i( ,4/, 4/ 16/h6 4/15 ,e/er7o t/ g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in aking their decision. The undersigned authorize City Zoning Officials to enter the property ' questi+ ' ' - eg ds t'` he request. �y !r Signature of Applicant Date Signature of Owner Date Page 57 of 284 Pictures — Adjacent to 5050 Foulk Road Picture 1 Looking southwest from the northeast corner of the north lot Picture 3: Looking north along Foulk Road from the south lot. Picture 2 Looking south from the north side of the north lot Picture 4 Looking west from Foulk Road at the south lot Page 58 of 284 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as April 30, 2018 for the request by Embankment LLC to rezone 0.87 acres from "R-4, C -Z", Multiple Residence Conditional Zoning District to "C-2", Commercial District, for construction of a multi -tenant retail center located west of 1203 West Ridgeway Avenue, and instruct City Clerk to publish notice. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Planning & Zoning Planning & Zoning P lanning & Zoning Clerk Office ATTACHMENTS: Description ❑ Staff Report ❑ Overview Map ❑ Aerial Map ❑ Site Plan ❑ Zoning Conditions ❑ Pictures a Application SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Dornoff, John Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 4/11/2018 - 9:50 AM 4/11/2018 - 9:55 AM 4/11/2018 - 9:59 AM 4/11/2018 - 10:39 AM Resolution setting a date of public hearing as April 30, 2018 for the request by Embankment LLC to rezone 0.87 acres from "R-4, C -Z", Multiple Residence Conditional Zoning District to "C-2", Commercial District, for construction of a multi -tenant retail center located west of 1203 West Ridgeway Avenue, and instruct City Clerk to publish notice. Submitted By: Noel Anderson,Community Planning and Development Director Approval The applicant is requesting to rezone 0.87 acres of land from "R-4, C -Z" Multi -Family Residence Conditional Zoning District to "C-2" Commercial Zoning District in order to construct a 7,513 square foot multi -tenant retail center with two drive through lanes located west of 1203 West Ridgeway. The lot in question was rezoned from "R-4" Multiple Family Residence District to "R-4, C -Z" Multi -Family Residence Conditional Zoning District on April 5, 2000 in order to allow a financial institution at the location. That financial institution closed in approximately 2010 and the landowner Page 59 of 284 Summary Statement: attempted to find another financial institution to locate to the building since that time to no avail. The applicant subsequently demolished the building in 2017. In 2015 Casey's requested a site plan amendment to build a convenience store at the location however, at the September 1, 2015 meeting the Planning, Programming, and Zoning Commission tabled the request so a traffic impact study could be completed. The request was subsequently dropped by Casey's Marketing. The applicant is now requesting a rezone, with conditions, in order to construct a 7,513 square foot retail center. The site plan submitted by the applicant shows up to 5 individual retail spaces two of which would have drive-thru lanes. The applicant is proposing that the following businesses would not be allowed in the retail center: convenience store/car wash, gas station, bar, grocery store, Laundromat, adult businesses, and theaters. Note: a liquor store/non-limited establishment would not be permitted due to the proximity to protected uses (residential houses). The proposal for the retail center shows parking for 36 vehicles. The Zoning Ordinance requires one space for every 200 square feet for retail which would require only 30 parking spaces. However, the Ordinance notes that the parking minimums only take into account space that will actually be used by customers therefore the 36 parking spaces appears to be adequate for the site although it would need to be evaluated when actual building plans are submitted for building permit review. Other uses such as restaurants space, could require additional parking. Planning staff sees this location as a transitional location from the surrounding residential and professional offices to the commercial site. Located at Ansborough & Ridgeway intersection, the Land Use Map recognizes this location for neighborhood commercial. With the conditions in place, as proposed by the applicant, this would appear to be a viable development location. The Traffic Department has reviewed the traffic data, logistics, and proposed use of the site. To effectively serve traffic to and from the site, it is recommended that the westerly driveway off of Dixon be designated as exit - only and the easterly driveway off of Dixon be designated as enter -only. This would help ease traffic movements closer to the Ansborough/Dixon inters ection. During Tech Review Engineering stated that the two driveways from Dixon that traffic requested be enter and exit only be narrowed up to ensure that drivers do not get confused and think that they are two way. Also a left turn lane from southbound Ansborough Avenue to Dixon Drive will need to be looked at by the city. At their April 3, 2018 meeting the Planning, Programming, and Zoning commission voted to recommend approval of the rezone 6-0, with Castle abstaining. Page 60 of 284 Expenditure Required: Source of Funds: Policy Issue: None N/A Rezone/economic development Legal Descriptions: DIXON PLACE FOURTH ADDITION LOT 66 LOT 67 LOT 68 Page 61 of 284 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Rezone W. of 1203 Ridgeway April 3, 2018 Request by Embankment LLC to rezone 0.87 acres from "R-4, C -Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi -tenant retail center located west of 1203 West Ridgeway Avenue. Embankment LLC, 549 Sunset Road, Waterloo, Iowa 50701 The applicant is requesting to rezone 0.87 acres of land to allow construction of a 7,513 square foot multi -tenant retail center located west of 1203 West Ridgeway Avenue (southeast corner of Ansborough and Ridgeway). The request to construct the new retail center would not appear to have a negative impact upon the surrounding area if proper conditions are placed upon the request. The site is served by West Ridgeway Avenue and Ansborough Avenue, both of which are classified as Minor Arterials. Dixon Drive is located immediately south of the site and is classified as a Local Street. The site plan shows revitalization of the three existing driveways, two on Dixon Drive and one on West Ridgeway Avenue being used as access points. On September 1, 2015 Casey's Marketing requested a site plan amendment to construct a convenience store at the site. A traffic impact analysis was completed by the applicant's engineer after the September 1, 2015 Planning and Zoning Commission meeting where the request was tabled, and the conclusion of that report was that there would be traffic impacts created by the new convenience store. The report notes that surrounding street network will operate at a Level of Service (LOS) of C or better in PM peak hours, and it is anticipated that the Casey's development would have generated an additional 38 vehicle -trips during the PM peak hour and a total of 226 vehicle -trips during the PM peak hour. The report noted that a westbound left -turn lane was not warranted at the intersection of Dixon Drive onto Ansborough Avenue, nor from West Ridgeway Avenue into the proposed Casey's General Store. The report also made a recommendation of expanding West Ridgeway Avenue 4.5' on each side to have a 49' wide street across the length of the proposed Casey's site and 100' beyond to accommodate the 95% queue distance and then a 40', 10:1 taper back to the 40' section, allowing for easier maneuverability and better sight distance. The report also stated that a median could be considered along Ansborough Avenue through Dixon Drive, at a future date, if an issue persists. For the previous request, the City Traffic Engineer commented that the proposed Casey's development would have a negative impact on adjacent traffic operations based on the submitted traffic impact analysis, and recommended that Page 1 of Page 62 of 284 RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT Rezone W. of 1203 Ridgeway April 3, 2018 different traffic mitigation plans should be evaluated, specifically looking at adding a short turn -lane from southbound Ansborough Avenue left onto Dixon Drive. The Traffic Engineer noted that there were multiple options for increasing adjacent traffic capacity by either adding left turn - lanes on West Ridgeway Avenue, adding a right turn -lane on Ansborough Avenue for westbound West Ridgeway Avenue, or by adding through lanes on both the approach and departure sides of the intersection along Ansborough Avenue. The applicant for the current proposed development is not proposing any additional traffic studies. The City of Waterloo has adopted a Complete Streets Policy, and it is the intent of that policy to fill sidewalk gaps as development occurs. There is sidewalk located directly across the street on the west side of Ansborough Avenue, which connects to nearby retail development to the north. There is currently a traffic study under way looking at the future of Ridgeway Avenue so any action for sidewalks on Ridgeway will be deferred until the study is completed. Staff is examining the possibility of sidewalks being required on Ansborough and Dixon. The nearest recreational trail is approximately one third of a mile to the west at the intersection of West Ridgeway Avenue and West 4th Street. The area in question was rezoned from "R-4" Multiple Residence District to "R -4,C -Z" Conditional Zoning District on April 5, 2000 to allow for the use of the existing building to change from professional office to a financial institution. The surrounding uses and their zoning are: North — Single-family dwellings zoned "R-1" One and Two Family Residence District. South — Multiple family residences (3 Eight-plexes), zoned "R- 3" Multiple Residence District. East — Professional office development (Short's Travel), zoned "R-4" Multiple Residence District. West — Walnut Ridge Baptist Church, zoned "R-3" Multiple Residence District. To the northwest is the Family Video multi - tenant retail center zoned "C-1" Neighborhood Commercial. The applicant's site plan notes that there are existing trees between the proposed development and the multi -family housing located on the south side of Dixon Drive. 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 surrounding area consists of a mix of residential Page 2 of Page 63 of 284 HISTORY: FLOODPLAIN: April 3, 2018 development ranging from single family dwellings to the north and multiple -family dwellings to the south, which were constructed in the 1950s and 1960s. There is also some professional offices nearby, with the most recent being constructed in 2000 and the Family Video retail development built in 2004. No portion of the area in question 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 0282F, dated July 18, 2011. PUBLIC /OPEN Waterloo Christian School is located directly across the street SPACES/ SCHOOLS: at Walnut Ridge Baptist Church. Lou Henry Elementary and Hoover Middle Schools are located approximately 0.79 miles to the southeast; West High School is located 1.26 miles to the east. Sulentic Park is located a 1/2 mile to the south along the west side of Ansborough Avenue. UTILITIES: WATER, There is an 8" sanitary sewer located in both Ansborough SANITARY SEWER, Avenue and Dixon Drive. There is a 15" storm sewer located STORM SEWER, ETC. in Ansborough Avenue and West Ridgeway Avenue, and an 18" storm sewer within Dixon Drive to the south. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Residential: Low, Medium, High Density Residential; LAND USE PLAN: Professional Offices; Neighborhood Commercial. The proposed rezone would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to rezone 0.87 acres of land from ZONING "R-4, C -Z" Multi -Family Residence Conditional Zoning District ORDINANCE: to "C-2" Commercial Zoning District in order to construct a 7,513 square foot multi -tenant retail center with two drive through lanes located west of 1203 West Ridgeway. The lot in question was rezoned from "R-4" Multiple Family Residence District to "R-4, C -Z" Multi -Family Residence Conditional Zoning District on April 5, 2000 in order to allow a financial institution at the location. That financial institution closed in approximately 2010 and the landowner attempted to find another financial institution to locate to the building since that time to no avail. The applicant subsequently demolished the building in 2017. In 2015 Casey's requested a site plan amendment to build a convenience store at the location however, at the September 1, 2015 meeting the Planning, Programming, and Zoning Commission tabled the request so a traffic impact study could be completed. The request was subsequently dropped by Casey's Marketing. The applicant is now requesting a rezone, with conditions, in Rezone W. of 1203 Ridgeway Page 3 of Page 64 of 284 STAFF ANALYSIS — SUBDIVISION ORDINANCE: Rezone W. of 1203 Ridgeway April 3, 2018 order to construct a 7,513 square foot retail center. The site plan submitted by the applicant shows up to 5 individual retail spaces two of which would have drive-thru lanes. The applicant is proposing that the following businesses would not be allowed in the retail center: convenience store/car wash, gas station, bar, grocery store, Laundromat, adult businesses, and theaters. Note: a liquor store/non-limited establishment would not be permitted due to the proximity to protected uses (residential houses). The proposal for the retail center shows parking for 36 vehicles. The Zoning Ordinance requires one space for every 200 square feet for retail which would require only 30 parking spaces. However, the Ordinance notes that the parking minimums only take into account space that will actually be used by customers therefore the 36 parking spaces appears to be adequate for the site although it would need to be evaluated when actual building plans are submitted for building permit review. Other uses such as restaurants space, could require additional parking. Planning staff sees this location as a transitional location from the surrounding residential and professional offices to the commercial site. Located at Ansborough & Ridgeway intersection, the Land Use Map recognizes this location for neighborhood commercial. With the conditions in place, as proposed by the applicant, this would appear to be a viable development location. The Traffic Department has reviewed the traffic data, logistics, and proposed use of the site. To effectively serve traffic to and from the site, it is recommended that the westerly driveway off of Dixon be designated as exit -only and the easterly driveway off of Dixon be designated as enter -only. This would help ease traffic movements closer to the Ansborough/Dixon intersection. During Tech Review Engineering stated that the two driveways from Dixon that traffic requested be enter and exit only be narrowed up to ensure that drivers do not get confused and think that they are two way. Also a left turn lane from southbound Ansborough Avenue to Dixon Drive will need to be looked at by the city. At their April 3, 2018 meeting, the Planning, Programming, and Zoning Commission unanimously recommended approval of the rezone 6-0 with two abstaining due to conflict of interest. There is no platting required for this request. Page 4 of Page 65 of 284 April 3, 2018 STAFF Therefore, staff recommends that the request for rezoning of RECOMMENDATION: land from "R -4,C -Z" Multiple Family Residential Conditional Zoning District to "C-2" 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 proposed building can be served by the extension of existing utilities in the area. 4. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 5. The lot is at a high visibility intersection that has remained vacant for several years as the applicant has attempted to fill the existing building to no avail. And subject to the following condition(s) 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. The following businesses types will not be permitted: convenience store/car wash, gas station, liquor store, bar, grocery store, Laundromat, adult businesses or theaters. Rezone W. of 1203 Ridgeway 3. That the east driveway of Dixon be Enter only and the west driveway of Dixon be Exit Only, and the drives narrowed for one way traffic. 4. Parking along the west side of the property be angled. 5. A 10 -foot easement is established along the east property line for utilities. 6. A sidewalk on Ridgeway will be deferred until the City of Waterloo Traffic Department completes its traffic study of Ridgeway Avenue and sidewalks on Ansborough and Dixon will be reviewed. Page 5 of Page 66 of 284 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 PIONEER RD_ R-2 J ON SHIRE DR JANIE-1ST R-1, R -P —DEVONSHIRE DR PRESLEY CIF R-3, R- P 3 PRESLEY Cr 0 PATRICK C PATRICK 4R-3,C2Z 1 — --7;_W. RIDGEWAY AVE -R-4,C-Z R-3 �p/NHAC<E Ow* v /�V FRNFss C=1 0 0 0 0 BI11111111 YRNBRAE ST �f- Ao\ BERKSHIRE RD • Z. J J J • ■ 4 ARD BERK p;ULINE PL� LILLIAN LN W RIDS EWAYAVE j co CD cip W cr W Q 2 0 C) 1 cc �0 R-3 'm o m RIDGEMONT RD_ 1 KING RD W. RIDGEWAYAVE R-4 N DR v1_ _ R=4f' COBBLESTONE CIR Gel NVQ! 3HS PROSPECT BLVD W RIDGEWAYAVE DIXON DR ° Q' Z J cc) co W' ¢ U'. W W' = Q, co U W I I HILLTOP RD—HILLTOP RD -1 1 1 jr, Z Q' cr m p W Z, 0, Q, U, m � ° a� Tl (0 W' (1); W 2, U; 0' a' I L I i � MEADOW LN MEADOW LN=MEADOW LN _ O' _ 1-11 Im 0ERm'—LU 2 CO Ci) �( _ up J I --1 W/ -I m I- U OO�� LANTE R il RACHg:4 N )2/ W CC RACHAEL,ST ct° W J m W CC J m W i West of 1203 West Ridgeway Avenue Rezone from "R-4, C -Z" to "C-2" Embankment LLC Page 67 of 284 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 1203 West Ridgeway W. RIDGEWAYAVE W RIDGEWAYAVE Proposed Rezone Area COBBLESTONE CIR West of 1203 West Ridgeway Avenue Rezone "R-4, C -Z" to "C-2" Embankment LLC Page 68 of 284 Retail Development - Enbankment LLC Ansborough & Ridgeway F1hts ARCHITECTS Page 69 of 284 Prepared By: Aric A. Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "R-4, C -Z" Multi -Family Conditional Zoning District and requested to be zoned "C-2" Commercial District, and also commonly known as West of 1203 Ridgeway, and legally described as: See Attached Exhibit "A" HEREBY agree to the following conditions on the above-described property: 1. The following businesses types will not be permitted: convenience store/car wash, gas station, liquor store, bar, grocery store, laundromat, adult business or theater. 2. That the east driveway of Dixon be Enter only and the west driveway of Dixon be Exit Only, and the drives be narrowed for one way traffic. 3. Parking along the west side of the property be angled or one way traffic. 4. A 10 -foot easement be established along the east property line for utilities. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed change to the above-described property. These conditions have been placed on the above-described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions shall govern the entire property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. Agreed to this day of , 2018 For Embankment LLC By: Dennis Hogan Its: On this day of , 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dennis Hogan, to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL Notary Public in and for the State of Iowa Original Recorded Form to be returned to: Waterloo Planning and Zoning Department 715 Mulberry St, Waterloo IA 50703 Page 1 of 1 Conditions of Zoning— West of 1203 Ridgeway Page 70 of 284 Pictures — West of 1203 Ridgeway Picture 1 Looking northwest toward the intersection of West Ridgeway and Ansborough Picture 2 Looking northeast toward Ridgeway from Dixon Picture 3 Looking north along Ansborough Picture 4 Looking eat along the center of the property Page 71 of 284 SALE Or LEASE pllortEASE IFISFREOV:�i x.= 234 5000 Picture 5 Looking southwest from the corner of Ansborough and Ridgeway toward Dixon Picture 6 Looking south along Ansborough from Ridgeway Picture 7 Looking northwest from the corner of Ansborough and Ridgeway Picture 8 Looking east along West Ridgeway Page 72 of 284 Picture 9 Looking at homes along the north side of West Ridgeway Picture 10 Looking southwest toward the corner of Ansborough and Dixon Picture 11 Looking toward Ansborough along the center of the property Picture 12 Looking north from the southeast corner of the property Page 73 of 284 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Enn,%.�WtiVi'VehE LIL - hg`s Address: SLI:\ SUS atRrcke Phone: ax: City: Wcrblvio0 State: I+4 Zip: .50701 b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): if other explain: c. Property owner's name if different than above (please print): "5a4in¢ etS cklcour Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: -FL4. SE COMA -kr -[k .kidirray-t�VQ-t- 4400rOt l -Al ' b. Legal description of property to be rezoned: Lerb5 4,10 kri , cevd (c,c6" ► — b ixoa Neta J ett c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): X60 tic I5 a. ft) 1 d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: R4- C `Z-- Requested zoning: C-2... f. Reason(s) for rezoning and proposed use(s) of property: -lo r /cr ac(r g. Conditions (if any) agreed to: l kwess fib' - T ' ..utowetioziAca skin{ qct 441/4167Kk*rTOner store i ckim nom— act LA+ - h. Other pertinent information (use reverse side if necessary): Please Note: if applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. (J74\c.44%4 Signature of icait gh)1444/.1v4J j .(Le - "Date Signature of Own r Date 1-911493 Page 74 of 284 CITY OF WATERLOO Council Communication Motion to receive and file the Iowa Public Official Bond for Water Works Trustee R. Scott Wienands. City Council Meeting: 4/16/2018 Prepared: 3/22/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 3/22/2018 - 4:43 PM Clerk Office Higby, Nancy Approved 4/4/2018 - 9:36 AM ATTACHMENTS: Description Type D Bond for R. Scott Wienands 04-17-2018 to 04-17-2020 Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Motion to receive and file the Iowa Public Official Bond for Water Works Trustee R. Scott Wienands. Submitted By: Matt Mahler, General Manager, Waterloo Water Works Motion to receive and file the Iowa Public Official Bond for Water Works Trustee R. Scott Wienands. No City funds are required for this action. Waterloo Water Works operating funds, primarily generated from water sales. Page 75 of 284 MERCHAN"i BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IOWA PUBLIC OFFICIAL BOND Bond No. IA 599398 KNOW ALL PERSONS BY THESE PRESENTS: That we, R. SCOTT WIENANDS as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of Iowa, as Surety, are held and firmly bound unto the City of Waterloo , State of Iowa in the sum of Five Thousand Dollars ( $5,000.00 ) DOLLARS, lawful money of the United States, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the above bounden Principal having been duly elected or appointed to the office of Trustee in and for the City of Waterloo and State of Iowa for the term beginning on 17th day of April , 2018 and ending on 17th day of ;April , 2020 he/she will render a true account of his/her office and of his/her doings therein to the proper authority, when required, or by law; that he/she will promptly pay over to the officer or person entitled thereto all moneys which may come into his/her hands by virtue of his/her office; that he/she will promptly account for all balances of money remaining in his/her hands at the termination of his/her office; that he/she will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to his/her said office, and deliver them to his/her successor or to any other person authorized to receive the same; and that he/she will faithfully and impartially, without fear, favor, fraud or oppression, discharge all duties now or hereafter required of his/her office by law, and the securities on such bond shall be liable for all money or public property that may come into the hands of such officer at any time during his/her possession of such office, then this bond to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above. Any revision of the bond amount shall not be cumulative. PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal. Signed this 1st day of February , 2018 STATE OF IOWA PRINCIPAL Merchants Bonding Co pa (Mutual) Margaret Heasley Attorney -in -Fact OATH OF OFFICE Black Hawk County, ss. I, R. SCOTT WIENANDS solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially to the best of my ability discharge the duties of the office of Trustee in City of Waterloo as now or here ter r uired by law. Principal Subscribed and sworn to before me this a 15t day of iv `cr C: h , U/6 17:A. CARLA MANAHL COMMISSION NO.781814 PO 0103 IA (2/15) Notary Public Commission expires R.c , /v i cl Page 76 of 284 MERCHANTS 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, Margaret Heasley 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 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. ••._.•• •�\NG CO •• O�9 P0 c. -A%-4. •z: : y• 1933 - ti. • • •• 1st day of February , 2018 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President ALICIA K. GRAM Comrnission Number 767430 My Commission Expires April 1, 2020 1( CJN,„ 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 ............. • ... • • • •�A�'•• .a,o\O4,..1q4 •OP..9'•0, •-RiORo. .'• .Z q,co .•(•\ k. 1. • : 2 -o - z: : : 2 1933 v':3 �•.• 2003 :„> ". .. : c • •. ti ..4 . `:\a ••. POA 0018 (3/17) 1st day of February , 2018 i Secretary Page 77 of 284 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for Hawkeye Community College to burn approximately 7 acres of prairie grass between March, April 5, and May 10, 2018. City Council Meeting: 4/16/2018 Prepared: 4/12/2018 REVIEWERS: Department Reviewer Action Date Fire Rescue Higby, Nancy Approved 4/12/2018 - 3:33 PM Motion to approve Exception to Burning Yard Waste Application for SUBJECT: Hawkeye Community College to burn approximately 7 acres of prairie grass between March, April 5, and May 10, 2018. Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 78 of 284 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for Donald Miller to burn approximately 1.5 acres of prairie grass between March April 5, and May 10, 2018. City Council Meeting: 4/16/2018 Prepared: 4/12/2018 REVIEWERS: Department Reviewer Action Date Fire Rescue Higby, Nancy Approved 4/12/2018 - 3:34 PM SUBJECT: Submitted by: Motion to approve Exception to Burning Yard Waste Application for Donald Miller to bum approximately 1.5 acres of prairie grass between March April 5, and May 10, 2018. Submitted By: Pat Treloar, Chief of Fire Services Page 79 of 284 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 4/16/2018 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 4/11/2018 - 4:16 PM SUBJECT: Bonds Page 80 of 284 CITY OF WATERLOO Council Communication FY 2019 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls C ons ortium. City Council Meeting: 4/16/2018 Prepared: 4/9/2018 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Rejected 4/9/2018 - 5:52 PM Community Development Merfeld, Anita Approved 4/9/2018 - 5:57 P M Community Development Jones, Rudy Rejected 4/10/2018 - 9:41 AM Community Development Jones, Rudy Approved 4/10/2018 - 3:45 PM Community Development Jones, Rudy Approved 4/10/2018 - 3:45 PM Clerk Office Even, LeAnn Approved 4/11/2018 - 9:34 AM ATTACHMENTS: Description Type D Resolution for FY2019 Cover Memo D Recommendations for FY2019 Cover Memo a Notice of Comment period Cover Memo ❑ Annual Action P Ian Backup Material SUBJECT: 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. Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY2019 One-year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Home C ons ortium. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Summary Statement: Expenditure Required: Motion to receive and file proof of publication of notice of public hearing Hold hearing -no comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving proposed funding recommendations A 30 day public comment period was advertised from March 1, 2018 through March 31, 2018 on the proposed one- year action plan. No comments received. CDBG and HOME program funds Funding is estimated .In the event, that federal funds are less than estimated , each activity will be reduced by the percentage of reduction. In the event Page 81 of 284 Source of Funds: federal funds are more than estimated , the overage will be applied to Single Family Rehabilitation for CDBG and HOME The Community Development Board approved recommendations on February 20, 2018. Page 82 of 284 Item Coversheet Page 1 of 1 CITY OF WATERLOO Council Communication Resolution setting the date for the public hearing on Monday April 16, 2018 to review the proposed funding recommendations set forth by the Community Development Board City Council Meeting: 4/2/2018 Prepared: 3/26/2018 ATTACHMENTS: Description Type Recommendations to Council for Public Ilea lag Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution setting the date for the public hcarinu on Mandan April 16, 2018 to review the proposed funding recommendations set forth by the Community Development board for the FY2019 One-year \.tion Plan for CDR(:; and HOME Program Funds for the Waterloo/Cedar Falls Consortium Submitted By:Rudy D. Jones, Community Development Director We request authorization to set the date for a public hearing on Monday April 16, 2018 to review the proposed funding recommendations set forth by the Community Development Board for the FY2019 One-year Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls HOME Consortium. Additional information is available at the Community Development office. A 30 -day public comment period was advertised from March 1, 2018 through March 31, 2018 on the proposed one-year action plan. No comments have been received to date. Expenditure Required: CDBG and HOME Program Funds https://waterloo.novusagenda.com/AgendaWeb/CoverSheet. aspx?ItemID=11232 Page 3 of 284 FY 2019 Applications CDBG and HOME Programs Annual Allocation - HOME Consortium Affordable Single Family Homes - New Construction Down payment assistance to low income home buyers Tenant Based Rental Assistance Program Single Family Owner -Occupied Rehabilitation HOME Administration ii G w c G n m a cr ll m O N )- Y. LL a 7 - LL A CO C E 0 w c 0 a 0 z g e 4 $ 41,000 $ 55,000 0 0 Lo EA 0 1- 0 ,- Efl $ 170,000 CO co EA $ 55,000 $ 40,000 in M0 tri IA Vi O O If) 69 0 0 O M fR $ 244,500 0 1.0 to M Le $ 1,125,00 $ 18,000 H9 o 0 . E9 0 0 O j 49 fA $ 12,600, EA nl M b9 L$ 41,901 $ 52,377 69 $ 17,600 M CO N N N tR CO 01 69 � cn cA 0 0 O 69 $ 1,140,373 $ 349,179 69 $ 20,000 69 n 0) c) 69 N N N N N City of Cedar Falls HSG 0 2 0 2 i_ H 2 Q rwa Heartland Habitat for Humanity HDO Request) 15% = Down Payment Assistance Operation Threshold - PR #1 Single Family Rehabilitation Administration (10% of allocation) AVAILABLE FUNDS CDBG Award CDBG Program Income CDBG Reallocated Funds TOTAL CDBG FUNDS AVAILABLE HOME Award - ESTIMATE CHDO Activity (15% of allocation) Program Income HOME Reallocated Funds Page 84 of 284 FY 2019 Applications CDBG and HOME Programs Emergency Repair for Single Family Rehabilitation Work! Work! Work! CDBG Administration (20% is 228,000) Neighborhood Liaison [Rehabilitation Project Delivery Costs Single Family Owner -Occupied Rehabilitation Salvation Army Emergency Shelters operations $ 75,000.00 0 0 0 o 0 ui EA $ 229,800.00 $ 85,000.00 0 0 0 0 0 o 0 N Ea $ 535,000.00 $ 10,000.00 $ 75,000 $ 76,000 0 0 0 0 N EA 0 0 0 Lri Ea $ 226,075 ` $ 229,800 $ 70,000 $ 85,000 $ 320,000 1 $ 200,000 $ 364,298 $ 550,000 $ 10,000 $ 25,000 a Q a == a Emergency Repairs Eve of the Needle. Inc General Program Administration (20% of allocation) Neighborhood Services Rehabilitation Administration Sin le Famil Rehabilitation j The Salvation Army Page 85 of 284 seticung a Liuv-ca...a __... NOTICE OF COMMENT PERIOD CITY OF WATERLOO - COMMUNITY DEVELOPMENT FY201.9 CONSOLIDATED PLAN -ACTION PLAN A Consolidated Plan One -Year Action Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) by the City of Waterloo, on or about May 16, 2018. The One -Year Action Pian includes an application for about 51,139,800.00 In Federal Community Development Block Grant funds and $18,000 in Program Income and reallocated funds. The Plan also includes an application for about S367,917 in Federal HOME funds, and Program Income and reallocated funds of approximately $12,600. Alt dollar amounts are subject to change. The program year for which the funds are intended begins July 1, 2018. The funds will be used for • a variety of activities including public services, housing rehabilitation, emergency repairs, new construction, down payment assistance, and rental deposit assistance. Funding is estimated. In the event federal funds are less than estimated, each activity will be reduced by the percent of reduction. In the event federal funds are more than estimated, the overage will be applied to Single Fatuity Rehabilitation for both COBG and HOME. None of the activities will cause displacement of persons or businesses from their present location, ,In the event such displacement would occur, an Anti -displacement and Relocation Assistance Plan has been developed outlining assistance available. This plan will also be available for public review in the Community Development Office. The Community Development Board approved a proposed budget on February 20, 2018 which is posted on our website at www.cityofwateriooiowa.com/comdevocurrentnews. A 30 -day public comment period will begin March 1. 2018 and end on March 31, 2018. Comments will be incorporated Into the final document submitted to HUD: Comments and/or questions may be directed in writing. to Rudy D. Jones, Community Development Director, Community Development Board, Carnegie Annex - Suite 202, 620 Mulberry Street, Waterloo, Iowa 50703. phone 319-291-4429, or by email: comdev@waterloo-la.org. Page 86 of 284 Waterloo, Iowa Annual Action Plan Fiscal Year 2019(July 1, 2018 -June 30, 2019) Community Development Department CDBG-Community Development Block Grant HOME- HOME Investment Partnerships Funds 620 Mulberry Street Waterloo, Iowa 319-291-4429 May 2018 Page 87 of 284 Executive Summary AP -05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The cities of Waterloo and Cedar Falls have established a consortium under the federal HOME Program. The HOME program allows contiguous units of local government that would not otherwise qualify for funding to form a consortium to directly participate in the program. As a HOME consortium, Waterloo and Cedar Falls have indicated a commitment to taking a more regional, collaborative approach to meeting their affordable housing needs. The overall priority for the investment of federal funds is to increase self-sufficiency and economic opportunity for lower income residents and individuals with special needs so that they can achieve a reasonable standard of living. Waterloo and Cedar Falls are committed to allocating funds that serve the needs of the lowest income and most disadvantaged residents. Households with incomes less than 50% of the area median income, particularly those with extremely low incomes (less than 30% of area median income), are particular priorities. The cities have also identified special needs individuals as among those who face the greatest challenges and who should receive high priority in the expenditure of federal funds, including at -risk children and youth, low-income families, the homeless and persons threatened with homelessness, the elderly, and persons with disabilities. The following needs address these priorities: • Affordable housing • Investment in community development activities in lower income and deteriorating neighborhoods and in facilities that serve lower- income populations. • Supportive services to maintain independence. The representative of the consortium and lead entity is Waterloo. As such, Waterloo assumes overall responsibility for compliance with the HOME program requirements. In addition, Waterloo and Cedar Falls each receive an annual allocation of funds from the federal government for housing and community development activities. Community Development Block Grant (CDBG) funds are also utilized to address housing and community development needs in both communities. These funds are intended to meet priority needs locally identified by the cities. 2. Summarize the objectives and outcomes identified in the Plan The overall objective is to provide decent, affordable housing by encouraging homeownership and home maintenance. The proposed outcomes include increasing the level of homeownership, increasing the tax rolls, increasing the number of safe and sanitary single family homes, improving neighborhoods and enhancing suitable living environments, and providing affordable housing for very low-income households. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 1 2018 Page 88 of 284 3. Evaluation of past performance The City of Waterloo was successful in meeting its housing and community development objectives in FY 2018 (Program Year 2017). The following are key highlights: • Waterloo Community Development completed rehabilitation on 26 units using CDBG and HOME funds. • Waterloo Community Development assisted 18 single family, owner -occupied units with Emergency Repair Grants to address housing deficiencies. • One new home was constructed through the CHDO, Iowa Heartland Habitat for Humanity. • One handicap access ramp was constructed with our CDBG handicap access funds. 4. Summary of Citizen Participation Process and consultation process The City furnishes citizens with information through newspaper articles, cable television public access, the City's website, and through the Neighborhood Services newsletter concerning the amount of CDBG and HOME funds expected to be available. We publish a summary of the recommended projects in the local newspaper in a manner that affords a reasonable opportunity to examine the contents and submit comments. Copies are also available at the Community Development office, the City Clerk's office and the Waterloo Public Library for review during public hours. Ten free copies are available for the public. The City held public hearings on January 9, 2018 and February 20, 2018 during the development of the One -Year Action Plan. Notice is published in the local newspaper not less than four days or more than twenty days before the public hearing. There is a thirty -day comment period on the proposed Annual Action Plan from March 1-31, and any comments or views received in writing or orally at hearings will be considered. A summary of comments will be attached to the Annual Action Plan. The City Council also holds a public hearing before sending the funding recommendations to HUD. This year, that hearing was held on April 16, 2018. At least two public hearings are held per year at different stages in the program year. These hearings address housing and community needs, and all hearings are handicap accessible at City Hall. Community Development Staff has a working knowledge of the Spanish language and has assisted clients with communication needs. In addition, a working relationship has been established with the Hispanic staff at the YWCA for any language barrier assistance. We will follow our Limited English Proficiency policy to assist those with limited English. The Community Development Board will offer technical assistance to groups representative of persons of low -moderate income that provide a written request for such assistance in developing proposals. The City will respond to written complaints regarding the Consolidated Plan, Action Plan, Amendments and the Annual Performance Report. The reply will be made within fifteen working days where practical. 5. Summary of public comments All comments were taken into consideration in preparing the One Year Annual Action Plan. Any comments recieved during the public hearings will be attached. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 2 2018 Page 89 of 284 6. Summary of comments or views not accepted and the reasons for not accepting them No comments or views were not accepted. 7. Summary The Waterloo -Cedar Falls HOME Consortium has completed a broad level of community input to identify community needs. The Community Development staff has attended meetings including rapid rehousing with other community organizations, monthly neighborhood meetings and Landlord Association meetings to gain insight on community needs. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 3 2018 Page 90 of 284 PR -05 Lead & Responsible Agencies - 91.200(b) Agency/entity responsible for preparing/administering the Consolidated Plan 4- 0 0 roE (o '5 C▪ I) O Q CU N 0 ro (o a) c▪ o 0 (1) t o▪ A L Q) L Q (1) ..Q O 0 - CU N L ;c +J c 0 a) to N aJ Ca) 4— 0.0 (0 "0 CD CO t CU - (0 L toro. c Q 3 c O co O On • 0 (i) Table 1— Responsible Agencies grant program. Consolidated Plan Public Contact Information = -a (o c 0. C a)E o c O a) m o 0 0 > Q (0 C3 0 O_O >. 0 (..) 0 : c 4) O • L CU E�• oco Ecu N CcuU N O 0 00 N p v N i .a N L D . i `-I 4) o 2 al • (N >- o c rn . 0.3 0UpUm 3 Annual Action Plan CO 0 OMB Control No: 2506-0117 (exp. 06/30/2019) Page 91 of 284 AP -10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). Waterloo participated in a consultation process with local public agencies and nonprofit organizations in an effort to develop a community -driven Annual Action Plan. Staff participates in the Local Homeless Coordinating Board and the Housing Trust Fund Board to network with agencies that serve our low income population. Staff holds informational meetings with the director of Black Hawk County Mental Health on upcoming policy changes, particularly with regard to parolees, and how these interact with local housing initiatives. Additonally, Community Development staff coordinates with Black Hawk County Health Department to address homes with children with elevated blood lead levels. Through our rehabilitation program we have been able to address lead hazards in the home to create a safe living environment for the children. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. We consult with representatives from Community Housing Initiatives, House of Hope and the Salvation Army. These agencies serve our homeless population and can relate the needs of the homeless to us. Additionally, two staff members serve on the local Housing Trust Fund Board which is actively involved in emergency shelter activities with representatives from local emergency housing agencies. Community Development provides funds for homeless shelters to address the homeless population in the community. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Homelessness in Waterloo is managed through the Black Hawk County Local Homeless Coordinating Board (LHCB), the region's Continuum of Care (CoC) organization. The city does not directly receive ESG funds. The LHCB has 55 members representing 45 different agencies, including state and local government agencies, public housing authorities, schools, law enforcement and corrections agencies, nonprofit and faith -based organizations, health clinics and local businesses. The Board meets every two months to coordinate their efforts to respond to the housing and service needs of the county's OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 5 2018 Page 92 of 284 homeless population. While the Board's focus is countywide, the majority of the county's homeless persons receive services in the Waterloo/Cedar Falls area. 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization OPERATION THRESHOLD Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Homeless Services -Health What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency is the City of Waterloo's Community Action Agency so they can provide information on the need for rental assistance, housing assistance and services for many classifications. 2 Agency/Group/Organization EYE OF THE NEEDLE Agency/Group/Organization Type Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Homeless What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? This agency provides us with information on the needs of homeless persons and those recently released from incarceration that are seeking clothing and transportation for work or school. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 6 Page 93 of 284 3 Agency/Group/Organization HOUSE OF HOPE Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Victims of Domestic Violence Services -Homeless What section of the Plan was addressed by Consultation? Homelessness Needs - Families with children Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? This agency provides information to us on the needs of mothers and children. 4 Agency/Group/Organization SALVATION ARMY Agency/Group/Organization Type Services -Homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Salvation Army provides the homeless shelters in Waterloo. This includes shelter, clothing, meals and transportation assistance to the population in need. 5 Agency/Group/Organization YWCA OF BLACK HAWK COUNTY Agency/Group/Organization Type Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Health What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 7 Page 94 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 8 Page 95 of 284 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The YWCA provides information to us on the growing Hispanic population's needs as well as disabled individuals. 6 Agency/Group/Organization IOWA HEARTLAND HABITAT FOR HUMANITY Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Habitat is our CHDO and we consult with them on the needs of new construction affordable housing in the Waterloo area. 7 Agency/Group/Organization BOYS AND GIRLS CLUB OF BLACK HAWK COUNTY. Agency/Group/Organization Type Services -Children Services -Education What section of the Plan was addressed by Consultation? Community Development needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? This agency provides structured after school services for at risk youth. We get information from them on the numbers of children in need and the services needed. 8 Agency/Group/Organization WATERLOO HOUSING AUTHORITY Agency/Group/Organization Type Housing PHA Services - Housing Services -Elderly Persons Services -Persons with Disabilities Service -Fair Housing Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 8 Page 95 of 284 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Waterloo Housing Authority is the City's Public Housing Agency. Since they provide Section 8 funding to clients, they can assist us with the needs of clients in the community, such as number of bedrooms that are in demand, location of housing needs and assistance that is needed to help their clients. Identify any Agency Types not consulted and provide rationale for not consulting Any agency that we feel needs to be consulted is contacted. All agencies contacted have provided information to us. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Local Homeless Coordinating Board The Homeless Board has the goal of ending homelessness which is a goal that we also share. Public Housing Authority 5 -year Plan Waterloo Housing Authority WHA encourages home ownership through the Section 8 Home Ownership Voucher Program which helps us meet our goal of home ownership. Balance of State Point in Time Survey Iowa Institute of Community Alliances The Local Homeless Board participates in the annual Point in Time survey and reports to the Alliance. Results are shared with the Homeless Board to plan for needed services. Waterloo Community Profile Des Moines, Iowa HUD Office This plan was prepared as a guide for the City in housing, schools, employment and health factors. Table 3 — Other local / regional / federal planning efforts Narrative Currently the City of Waterloo has a number of agencies providing services. By working closely with agencies in the community we are able to determine the needs in the community. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 9 Page 96 of 284 AP -12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Waterloo engaged in three Public Hearings during the planning process. In addition a newspaper display ad requested citizen input on what to fund in the coming fiscal year. Information was also on our website with contact information including a phone number and email address for citizens to comment on our plan. The local paper publishes numerous articles during the process so citizens are informed of the award allocations. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/ attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Non -A targeted/ broad community display ad was published in the local newspaper. The comments received are attached. All comments were accepted. 2 Public Hearing Non- targeted/ broad communit Y 3 Public Hearings were held. The comments received are in the hearing minutes that are attached. All comments were accepted. 3 Internet Outreach Non -was targeted/ broad communit Y The request for comments available on the City's website and the Waterloo Courier website. The comments received are attached. All comments were accepted. www.cityofwaterlo oiowa.com Table 4 — Citizen Participation Outreach Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 10 Page 97 of 284 Expected Resources AP -15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction 0 o � \ § 0 q a� jƒ ƒ \ '� 0) / 0 » .§ O 2 O CA � ▪ % / 1-4 q o \ .g • z 2 © u 4-4 % § H o is estimated. In Anticipated Resources Narrative Description Used the allocation from this year times 0 years remaining in the Con. Plan cycle Si_ 2 a) E r. §f2E ko•g � ���\ 0 Expected Amount Available Year 1 g k � % Prior Year Resources: \ 0 N § hi Eo00 a 0 Annual Allocation: 0/ 0 / Uses of Funds Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services \ 02 LA 0) 2/ \ a E /c a 3 u Annual Action Plan 03 0 CN OMB Control No: 2506-0117 (exp. 06/30/2019) Page 98 of 284 Narrative Description Used the allocation from this year times 0 years remaining in the Con. Plan cycle CU C 12 'a a 'e M ro .to E a) O - C in.O. E (70O W Q Q0 4- Ce0 Expected Amount Available Year 1 To .1.A. C H O 0 0 N t ul Prior Year Resources: 0 0 0 ci 0 N +n. n: u; O O L C 0 0 N Annual Allocation: 0 0 0 m Uses of Funds C a) •- E cr E U o Q= CO L L4.-'t a) U C 3 c o N a) •7 E ,,, o co = CO C >. E co c 2 C p c 0 U 3 a)a) c CO C >• E co '1-- c 2 L 8 C 0 U L +, c 0 0 3 E) z Q N Q C t 3 co o 1-- O )a ` O c =a) O u. 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E OL >. +O+ +, C N .0 > Q. >.T CV 'C O Q- vi 0) 00 t bb cu N a) .c c CD y _3- L el C O •- O • 0) ;3 ro W O 0 C C ;•, o c E O co L o no — CO O = '� O � - V) a) 0� > �c`r C n tom L c '- - 0 c O 4",,.:, L c a) U C + O Y.. 0 E 0 c E N p Y n v 0) 0J O � C +' o of 73 ` v +(1) v ro D o .p .CU 1- iv c L E a) L c O' c a) .c 7 c O w L ' C N i-+ +., 0rts no -0 hC0 C t 0.0 C ° Q E o c L -5 t — .E o\° a3 0 - COa' CU 0 3 C ,n 4 c+, X10 a) aa)) 0 coo a) a) to to _E Annual Action Plan CO 0 OMB Control No: 2506-0117 (exp. 06/30/2019) Page 99 of 284 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Currently there is no land or homes located within the jurisdiction that can be used to address housing needs. Community Development Department receives information on land and homes that could possibly be used for grant projects. Discussion OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 13 2018 Page 100 of 284 Q1 :4= w 0 c co fa 0 w AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Goal Outcome Indicator Homeowner Housing Rehabilitated: 35 Household Housing Unit Homeowner Housing Rehabilitated: 20 Household Housing Unit Public service activities other than Low/Moderate Income Housing Benefit: 400 Persons Assisted Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Homeowner Housing Rehabilitated: 3 Household Housing Unit Homeowner Housing Added: 1 Household Funding CDBG: $535,000 HOME: $170,000 o Lr; CD m 0 CDBG: $85,000 0 Lr m 0 0 HOME: $41,000 HOME: $55,000 Needs Addressed Single Family Rehabilitation: CDBG Single Family Rehabilitation: HOME Emergency Repairs Neighborhood Services Public Service: Eye of the Needle Waterloo/Cedar Falls HOME Consortium Allocation CHDO Activity: Housing Geographic Area 0) 0 Citywide Citywide Citywide v U Citywide Category 0) 03 tli) .N O < S Affordable Housing Community Outreach Public Services Affordable Housing Affordable Housing C cp NJ i' O N 00 0 N 00 0 N 00 0 N 00 0 N 00 0 N L N O cr 0 0 CF 0 cr 0 CC 0 Goal Name Single Family Rehabilitation - Waterloo CDBG & HOME Emergency Repairs Neighborhood Services Public Services: Eye of the Needle City of Cedar Falls HOME Consortia Allocation 6 CHDO Allocation L L4) 0 H 0 1"1 N M V1 Annual Action Plan 00 O OMB Control No: 2506-0117 (exp. 06/30/2019) Page 101 of 284 75 a) n a) U CC Y-0 .y (0 C aJ E 0) 0 i HOME: $15,000 CDBG: $10,000 HOME: $50,000 Tenant Based Assistance 0) Y 0 a) ra (0 anc O O O a 1 v 0) E 0 2 N 0) a) E 0 2 00 0 N 00 0 N CO c-1 0 N r -I 0 N Affordable Housing: Homeless Assistance Y CU E T a O 0 Assistance CO rn Table 3 — Goals Summary Goal Descriptions Single Family Rehabilitation -Waterloo CDBG & HOME Funds provide rehabilitation to owner occupied, single family homes. Emergency Repairs Assist homeowner with mechanical replacement or roof replacement Neighborhood Services Fund this activity to act as a Iiasion to Neighborhood Associations and city government staff. Public Services: Eye of the Needle Funds will be used for bus transportation, laundry services, operations and hygiene needs for homeless or near homeless persons. City of Cedar Falls HOME Consortia Allocation Annual allocation for housing that is HOME fund eligible for our Consortium partner. Goal Name Goal Description Goal Name Goal Description Goal Name Goal Description Goal Name Goal Description Goal Name Goal Description - N CO Cr N Annual Action Plan 00 0 N OMB Control No: 2506-0117 (exp. 06/30/2019) Page 102 of 284 CHDO Allocation Allocation of HOME CHDO funds for Iowa Heartland Habitat for Humanity for new construction or rehabilitation. Affordable Housing: TBRA The TBRA allocation will assist renters with security deposits. Homeless Assistance Funds will be used for operations at local homeless shelters. Down Payment Assistance Funds will be used to provide low income, first time home buyers, down payment assistance. Goal Name Goal Description Goal Name Goal Description Goal Name Goal Description Goal Name Goal Description tD N CO Cl Annual Action Plan 00 0 N OMB Control No: 2506-0117 (exp. 06/30/2019) Page 103 of 284 AP -35 Projects - 91.420, 91.220(d) Introduction The application for funding process starts in November each year. After applications are reviewed by a sub -committee, their recommendation goes to the full Community Development Board. The Board can accept the recommendation, or make changes. This recommendation is then forwarded to the City Council for a Public Hearing after a 30 day comment period. The City Council votes and awards the allocations to the sub recipients. # Project Name 25 FY19 Emergency Repairs 26 FY19 Public Services 27 FY19 Neighborhood Services 28 FY19 General Program Administration 29 FY19 HOME Single Family Rehabilitation 30 FY19 CDBG Single Family Rehabilitation 31 FY19 HOME City of Cedar Falls Home Consortium 32 FY19 CHDO Activity 33 FY19 Affordable Housing 34 FY19 Public Facilities 35 FY19 Home Buyer Down Payment Assistance 36 FY19 Home Administration 37 FY19 Affordable Housing Downpayment Assistance Table 4 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocations are primarily for housing activities. This is the highest priority for the Community Development Board. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Pian 17 2018 Page 104 of 284 AP -38 Project Summary Project Summary Information 1 Project Name FY19 Emergency Repairs Target Area NEIGHBORHOOD REVITALIZATION STRATEGY AREA Citywide Goals Supported Emergency Repairs Needs Addressed Emergency Repairs Funding CDBG: $75,000 Description This program provides emergency assistance to clients for furnace replacements, sewer or waterline replacement roofs, etc. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities This project is estimated to benefit 20 homes. Location Description Planned Activities These funds will assist low income home owners with emergency repairs. Water heaters, furnace, roofs, water lines and sewer problems. etc. 2 Project Name FY19 Public Services Target Area Citywide Goals Supported Public Services: Eye of the Needle Needs Addressed Public Service to low income individuals Funding CDBG: $5,000 Description Public services provide basic needs for low to moderate income clients or provide a service or community outreach in low to moderate income areas. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities This project is estimated to assist approximately 1000 people. Location Description Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 18 Page 105 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 19 Page 106 of 284 Planned Activities The Eye of the Needle provides assistance to low income households in need of help with transportation costs, clothing and householditems. They also provide assistance with laundry facilities. 3 Project Name FY19 Neighborhood Services Target Area Goals Supported Neighborhood Services Needs Addressed Public Services to Low Income Neighborhoods Funding CDBG: $85,000 Description Neighborhood Services acts as a liaison between the City and low to moderate income neighborhoods by providing outreach to areas in need. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The estimated number of people reached through neighborhood services is approxiamtely 400. This number is continuing to grow and there are a number of low income neighborhoods within the jurisdiction. Location Description Planned Activities Activities include attending Neighborhood Association meetings in the low income areas, National Night Out, this position works with the school district and a number of other organizations to provide services to the low income areas of the City. 4 Project Name FY19 General Program Administration Target Area Goals Supported General Administration Needs Addressed General Administration Funding CDBG: $229,000 Description Funds are used to administer the CDBG program. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 19 Page 106 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 20 Page 107 of 284 Planned Activities These funds are used for program administration. 5 Project Name FY19 HOME Single Family Rehabilitation Target Area Citywide Goals Supported Single Family Rehabilitation -Waterloo HOME Needs Addressed Single Family Rehabilitation: HOME Funding HOME: $170,000 Description This funding assists homeowners with rehabilitation of single family homes bringing them to code and HQS standards. The funds are used to preserve the affordable housing stock. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The estimated number of households that will benefit from this activity is 5. Location Description The rehabilitation activities are City wide. Planned Activities 6 Project Name FY19 CDBG Single Family Rehabilitation Target Area Citywide Goals Supported Single Family Rehabilitation -Waterloo CDBG Needs Addressed Single Family Rehabilitation: CDBG Funding CDBG: $535,000 Description This funding is used for rehabilitation of single family homes. These projects provide home owners with funding for rehabilitation, ramps for handicap access and also neighborhood preservation. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The estimated number of households that will be assisted is 25. Location Description Planned Activities Single family owner occupied rehabilitation. 7 Project Name FY19 HOME City of Cedar Falls Home Consortium Target Area Cedar Falls Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 20 Page 107 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 21 Page 108 of 284 Goals Supported Cedar Falls Consortium Allocation Needs Addressed Cedar Falls Consortium Allocation Funding HOME: $41,000 Description Allocation of HOME funds to our consortium partner for housing activities Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The estimated number of households that will be assisted is approximately 2. Location Description These activities are city wide in Cedar Falls Planned Activities These funds are used within the Cedar Falls city limits on affordable housing projects. 8 Project Name FY19 CHDO Activity Target Area Goals Supported CHDO Habitat for Humanity Needs Addressed Affordable Housing Funding HOME: $55,000 Description Funds are the annual allocation to our CHDO for eligible activities. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities The estimated number of newly constructed units is 1. Location Description Planned Activities These funds are used to assist in the new construction of a single family home to be purchased by a low income family. 9 Project Name FY19 Affordable Housing- Tenant Based Rental Assistance Target Area Goals Supported HOME Tenant Based Rental Assistance Needs Addressed Affordable Housing Funding HOME: $15,000 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 21 Page 108 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 22 Page 109 of 284 Description Funds provide security deposits for TBRA Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities These funds are estimated to provide security deposits to approximately 20 families. Location Description Planned Activities The funds will provide rental security deposit on units for low income individuals. 10 Project Name FY19 Salvation Army Homeless Assistance Target Area Goals Supported Homeless Assistance Needs Addressed Emergency Shelter Funding CDBG: $10,000 Description Funds will be used for the operations of the woman and children, and men's homeless shelters. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities This activity will assist approximately 50 individuals who are homeless or displaced. Location Description Salvation Army Homeless Shelters Planned Activities This activity provides shelter to homeless and displaced individuals. 11 Project Name FY19 Home Buyer Down Payment Assistance Target Area Consolidated Urban Revitalization Area (CURA) Goals Supported Home down payment assistance Needs Addressed Affordable Housing Funding HOME: $50,000 Description Down payment assistance is provided to low income first time home buyers. Target Date 6/30/2019 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 22 Page 109 of 284 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 23 Page 110 of 284 Estimate the number and type of families that will benefit from the proposed activities This funding is estimated to assist approximately 10 low income first time home buyers. Location Description Planned Activities The activity will provide down payment assistance to low income first time home buyers. 12 Project Name FY19 Home Administration Target Area Goals Supported General Administration Needs Addressed General Administration Funding HOME: $36,917 Description This activity provides funding for the general administration of the HOME Investment Partnership. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Planned Activities 13 Project Name FY19 Rehabilitation Administration Target Area Goals Supported Project Delivery Needs Addressed Rehabilitation Administration Funding CDBG: $200,000 Description These funds are used for project administration. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) 23 Page 110 of 284 Planned Activities OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 24 2018 Page 111 of 284 AP -50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Priority CDBG funding areas in Waterloo include those areas where there is a high rate of low -moderate income persons and racial and ethnic minority concentration. HUD released figures for FY2014 where a special Census Bureau tabulation based on the ACS 2006-2010 estimates determined that there were 31,305 LMI persons in Waterloo, or 47%. Geographic Distribution Target Area Percentage of Funds NEIGHBORHOOD REVITALIZATION STRATEGY AREA 50 CITYWIDE 50 Table 5 - Geographic Distribution Rationale for the priorities for allocating investments geographically The Community Development Board has used the target approach for assistance for many years. Waterloo has been awarded funds through Iowa Economic Development Authority Disaster CDBG funds that will be used for multi -family housing. NSP3 funds awarded through the State are being utilized for demolition of slum and blight as well as continued new construction of single family homes for purchase on Lafayette Street. These homes are located in Census Tract 7 with a low- and moderate- income rate of 66% and a minority population of 70%. Census Tract 7 is the only census tract in the city with both a minority and racial concentration, in addition to LMI. In Waterloo, minority persons comprised 18.6% of the population. Therefore, an area of racial concentration includes the census tracts where the percentage of minority residents is 28.6% or higher. Waterloo contains 27 tracts, 17 of which are fully within the city boundaries and 10 of which stretch beyond the bounds of the city limits. Data were calculated for all 27 tracts, but in the case of the shared tracts, include only the portions that are within Waterloo. Of these 27 full or partial tracts, eight met the criteria for racial concentration. These areas include: • Census Tract 1— 44.3% • Census Tract 7 — 33.7% • Census Tract 9 — 28.6% • Census Tract 17.01— 62.5% • Census Tract 17.02 — 45.3% • Census Tract 18 — 92.4% • Census Tract 19 — 39.4% • Census Tract 26.04 — 60.7% In addition, persons of Hispanic origin represented 5.4% of Waterloo's population. Therefore, an area of Annual Action Plan 25 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) Page 112 of 284 ethnic concentration includes the census tracts where the percentage of Hispanics is 15.4% or higher. Of the city's 27 whole and partial tracts, Census Tracts 5 and 7 met this definition. The city will continue to concentrate activities in the Consolidated Urban Revitalization Area (CURA) of the City of Waterloo. The majority of single-family rehabilitation will occur in the CURA area, and any home buyer assistance from carryover funds will be concentrated in the CURA. Community Development staff completed a Housing Needs Assessment Analysis in September 2011 that has been used to select a new target area within the City of Waterloo. The CURA's composition is 9.5% Hispanics and 45% total minorities, and 64% of the population is low- and moderate- income (Census 2010, SFI (P5) Discussion OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 26 2018 Page 113 of 284 Affordable Housing AP -55 Affordable Housing - 91.420, 91.220(g) Introduction The City of Waterloo will continue to support the development and rehabilitation of affordable housing. Our goals for City Fiscal Year 2019 include: 1. Utilize our CHDO-Iowa Heartland Habitat for Humanity -to provide assistance in development of new, affordable housing for households' less than 60% area median income. We anticipate 1 new home will be completed. 2. Single Family Rehabilitation- we will promote the rehabilitation of housing units to meet housing code and be lead -paint safe. Our goal is to complete 30 housing units. 3. Improve access to Affordable Rental Housing- we will provide funding for the Tenant Based Rental Assistance Program through Operation Threshold. We will assist about 20 families with this funding. 4. Emergency repairs program -This activity promotes the preservation of Waterloo's existing housing stock by assisting elderly and low-income households with mechanical replacements, roof replacement, and portable handicap ramps. Our goal is to assist at least 20 households. 5. Down Payment Assistance- HOME funds will be used to help low income, first time home buyers purchase a new or existing, affordable home in the CURA area. The program will assist 10 low income buyers. One Year Goals for the Number of Households to be Supported Homeless 50 Non -Homeless 0 Special -Needs 3 Total 53 Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 20 The Production of New Units 1 Rehab of Existing Units 50 Acquisition of Existing Units 0 Total 71 Table 7 - One Year Goals for Affordable Housing by Support Type OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 27 2018 Page 114 of 284 Discussion With Waterloo having a large number of low income residents, approximately 44% of the people earn less than 80% of the area median income, the need for affordable houisng is estimated to increase. ACS data shows that 85% of the homes in Waterloo were built prior to 1978. Community Development currently allocates the largest amount of funds to single family rehabilitation as a way to preserve the current affordable housing stock. OMB Control No: 2506-0117 (exp, 06/30/2019) Annual Action Plan 28 2018 Page 115 of 284 AP -60 Public Housing - 91.420, 91.220(h) Introduction The City of Waterloo has 50 public housing units that are administered through the Waterloo Housing Authority. Currently all public housing units are occupied. The current applicants have an approximate 3 year wait for a public housing unit. The public housing units are designated for elderly and disabled low income tenants. Actions planned during the next year to address the needs to public housing For FY2019, the Community Development Department will complete the environmental review process for Housing Authority projects upon request. At this time, no other actions are planned to address public housing needs. Actions to encourage public housing residents to become more involved in management and participate in homeownership Waterloo Housing Authority has various programs available for improving the living environment for residents. Programs include Family Self -Sufficiency (FSS), Down Payment Assistance, Homeownership Assistance and Section 8 Home Ownership Voucher program. These programs enable low-income families to improve their economic status through education and employment training. A Money Smart Training is offered to anyone that desires home ownership. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Waterloo Housing Authority is not designated as a troubled agency by HUD. Discussion OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 29 2018 Page 116 of 284 AP -65 Homeless and Other Special Needs Activities - 91.420, 91.220(i) Introduction The City of Waterloo does not receive entitlement funds to assist with homeless needs. Various social services agencies in Waterloo apply to the State of Iowa and receive a small allocation of funds for homelessness. Some agencies also apply directly to HUD for Continum of Care Program Funds. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City continues to directly help low-income families to avoid homelessness using CDBG and HOME funds through the owner -occupied rehabilitation program. This assistance helps in providing a decent and safe living environment while avoiding the deterioration of the affordable housing stock. The City is an active participant in the Black Hawk County Local Homeless Coordinating Board (LHCB), the region's Continuum of Care (CoC) organization. We also participate in the annual Point in Time survey and distribute the results that are compiled by the Institute for Community Alliance. There are many social service agencies in Waterloo and Cedar Falls that provide benefits to low-income individuals and families in order to prevent homelessness. These organizations also serve the needs of those who have already become homeless. The services provided by these organizations are essential to the Continuum of Care process. Area organizations that administer such activities include Northeast Iowa Food Bank, Cedar Valley United Way, Positive Steps, Operation Threshold, Jesse Cosby Neighborhood Center, Iowa Heartland Habitat for Humanity, Cedar Valley Friends of the Family, Exceptional Persons, Inc., Consumer Credit Counseling Services, Goodwill Industries, Community Housing Initiatives, Cedar AIDS Support System, Pathways, Inc., YWCA and such faith -based organizations as the Salvation Army, Eastside Ministerial Alliance, Catholic Charities, and St. Vincent de Paul. Organizations that provide various levels of health care include People's Clinic and Black Hawk -Grundy Mental Health Center for mental health. These organizations provide many services to their clientele, including but not limited to: counseling, case management, life skills training, financial literacy classes and victim advocacy. These activities help residents to develop the skills and knowledge to transition into permanent supportive housing or independent living and to maintain steady employment. The ultimate goal of providing supportive services is self-sufficiency. This process also allows for the assessment of individuals needs to address the specific homeless issue. This fiscal year, we will award funding to the Salvation Army for operational assistance of their homeless shelters. Addressing the emergency shelter and transitional housing needs of homeless persons Emergency Shelters: The Salvation Army operates two emergency shelters in Waterloo: an 18 -bed facility for single men and a 32 -bed facility for women and children. If a family is homeless, hotel vouchers are provided. Catholic Worker House also provides rooms for six men and six women in their OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 30 2018 Page 117 of 284 facility. Additionally, children under age 18 in need of temporary housing are placed in the county's youth shelter, a non -secured facility for short-term care. The youth shelter serves victims of physical or sexual abuse, children whose families are involved in crisis, children who are awaiting foster care or group home placement, and those who are referred directly from a psychiatric unit. Transitional Housing several facilities in Waterloo offer transitional housing for homeless individuals and families. Community Housing Initiatives has a program that funds apartments for transitional and permanent housing, including a 23 -bed location that primarily serving households with children. House of Hope, a privately -funded organization, maintains space for 10 homeless mothers with children and has a wait list averaging between 20 to 30 families. Many of the residents have developmental disabilities. The Salvation Army men's transitional housing program has been terminated due to lack of funding. Additionally, the Junkman-Knoebel Center, operated by Pathways Behavioral Services, provides 25 beds for men in recovery from alcohol and/or drug addiction. The center requires residents to maintain employment, commit to sobriety and meet financial obligations, such as court costs, fines, restitution, child support and transitional living fees. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In order to address chronic homelessness, Waterloo will continue to support Local Homeless Coordinating Board and other homeless agencies to increase the capacity of shelter available to the unsheltered and increase the effectiveness of activities designed to prevent homelessness. Our HOME funds helped construct a housing project that has set aside 8 family units for supportive permanent housing. Unity Square apartments were a low income tax credit project that continues to help us address the needs of homeless families. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. In establishing discharge policies to protect populations particularly vulnerable to the risk of homelessness, the Black Hawk County Homeless Coordinating Board has adopted the policies promulgated by the Iowa Council on Homelessness in 2005 and implemented by the State of Iowa. The following policies were included in the FY 2012 Balance of State Continuum of Care (BoS CoC) application. Foster Care Discharge: Iowa law mandates that the case permanency plan for all children in OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 31 2018 Page 118 of 284 foster care include a written transition plan for youth aged 16 years and older. In 2005 the Iowa Council on Homelessness developed their Discharge Planning Guiding Principles. The principles were informative to the establishment by the Iowa Department of Human Services to address the needs of youth exiting foster care, including appropriate housing placement. In 2009, Iowa law extended foster care until the age of 21, during which time youth must participate in an education program or work full time. Health Care Discharge: Iowa's Administrative Code, 481, Chapter 58, Section 12 for the Department of Inspections and Appeals provides regulation for discharge from nursing facilities that includes: discharge planning initiated at entrance, proper notification of next of kin upon discharge, proper arrangements made for welfare of resident/patient in the event of emergency or inability to reach next of kin, provision of client records to any receiving institution, and prior to the transfer or discharge of a resident to another health care facility, arrangements to provide for continuity of care with the receiving facility. Mental Health Discharge: All Iowa Mental Health Institutions (MHIs) are licensed hospitals, and two of four are also accredited by the Joint Commission on the Accreditation of Health Care Organizations. The Iowa Department of Human Services has developed detailed discharge policies for MHIs. Discharge planning begins at admission and is part of an individual's ongoing individual treatment plan. Living arrangements are included, as are other supportive services required such as transportation, nutrition, medical care, social supports, and education; funding arrangements for each are also identified. The Iowa Council on Homelessness seeks to participate in continuing discharge policy planning with Council board members representing the Iowa Departments of Elder Affairs, Human Services, Public Health, and the Iowa VA. These members also have servied as memers of the Olmstead Consumer Task Force and Iowa Mental Health Planning Council. Correctional Institution Discharge: The Iowa Council on Homelessness includes a representative from the Iowa Department of Corrections (DOC) that reports on issues related to re-entry and housing. The Iowa Council on Homelessness finalized a formal discharge policy and submitted it to the Governor in 2005. Also in 2005, the DOC received a Charter Agency grant of $25,000 to fund a quality management work project to improve transition planning from the time of admission to prison to release. The purpose of the work was to design an effective and consistent pre-release transition planning process to be implemented across Iowa's correctional system thereby saving prison beds by reducing offender stays in prison and improving offender transition outcomes. The result of the project was the design of an "Offender Re-entry Program" beginning at the time of reception and continuing until the offender re- enters the community. Discussion Waterloo Community Development addresses homlessness through the funding of emergency shelters. There are a number of organizations thoughout the jursidication that support the homeless population. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 32 2018 Page 119 of 284 AP -75 Barriers to affordable housing -91.420, 91.220(j) Introduction Promotion of affordable housing is carried out through a forgivable loan/down payment assistance program for homebuyers in the Consolidated Urban Revitalization Area (CURA) and tax abatement incentives for low-income households. Waterloo remains committed to removing any barriers to affordable housing despite some of the policies and factors that negatively impact affordable housing out of the control of local government. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The Consortium completed an Analysis of Impediments to Fair Housing in FY 2014 that identified current public policies that may impede housing choice for members of the protected classes. The Al also outlined recommended actions to ameliorate the negative effects of public policies. The cost of housing in Waterloo is not affected by tax policies, land use controls, zoning ordinances, building codes or growth limits. The Waterloo Communiyt Development Board reviews policies on a regular basis to make any necessary adjustments to ensure programs are being utilized in the best possible way. Discussion OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 33 2018 Page 120 of 284 AP -85 Other Actions - 91.420, 91.220(k) Introduction Actions planned to address obstacles to meeting underserved needs M/WBE: The City will continue to work with individual persons on obtaining licensing, certification or training, or refer them to classes held by the Small Business Administration's Regional Business Center that provides training and instruction on how to organize a business and develop a business plan. Staff will provide guidance to all interested parties on how to become a certified woman- or minority-owned business contractor and acquaint start-ups with the Iowa Department of Transportation DBE or Targeted Small Business Program/Certifications. When possible and feasible, smaller contracts are utilized to offer greater bidding opportunities for all contractors, but especially MBE/WBEs. The City is also using its Public Access Channel more to advertise programs. Section 3: In addition to the above, City staff are collaborating with other agencies. Discussions have centered on how to collaborate and leverage the City's CDBG and HOME funds to make local businesses more green -focused. Staff will develop processes for identifying potential contractors in low-income census tracts that could execute the projects. The City will also work closely with Operation Threshold, a Community Action Agency. Operation Threshold has experience in weatherization grants and has a potential pool of contractors, some of whom may fit the Section 3 profile. Actions planned to foster and maintain affordable housing The City will continue to fund the single-family owner -occupied housing program, in addition to new construction through Iowa Heartland Habitat for Humanity and the Tenant Based Rental Assistance program through Operation Threshold. Emergency repairs will also be undertaken, including furnaces, electrical updates, and plumbing services and roofs. Actions planned to reduce lead-based paint hazards Through the City's rehabilitation program, lead-based paint hazards are evaluated on each housing unit in the program. The Black Hawk County Health Department partners with the City. The City of Waterloo was awarded 2.9 million for a period of three years in which our approach to keep costs under control and assist the most families is by using a combination of interim controls and abatement methods in conjunction with our housing rehabilitation program. Items that can be treated using interim controls will be specified in the bid specifications, and those we feel are better completed using abatement guidelines will be bid that way. Abatement items would pose the greatest risk of possibly poisoning a child. BHCH will perform our lead paint and healthy homes assessments, clearance testing, blood testing, and complete outreach and education activities with our new lead grant. Since the greatest incidence of lead poisoned children has been in rental properties the past few years, our rental component will be important in reducing blood lead levels of children in rental units. Inspections Annual Action Plan 34 2018 OMB Control No: 2506-0117 (exp. 06/30/2019) Page 121 of 284 are completed on all Tenant Based Rental Assistance Porgram units and all housing units that are receiving down payment assistance. These inspections address lead paint hazards, and the hazards must be corrected by a certified Lead Safe Renovator before the housing unit is accepted into the program. Actions planned to reduce the number of poverty -level families Waterloo's Community Development Department supports activities to make housing more affordable and preserve the existing housing stock that directly helps residents secure their assets. The City focuses on the long-term solutions for preventing poverty. The City incorporates the Continuum of Care approach, providing programs and services to meet the differing needs of individuals as they progress toward financial self-sufficiency. Actions planned to develop institutional structure Actions planned to develop institutional structure include: housing and community development activities will be carried out through the cooperation of the local units of government, nonprofit organizations, private industry, and public institutions. The close working relationship between Community Development, the Black Hawk County Local Homeless Coordinating Board (LHCB) and Waterloo Housing Authority reduces the potential for a service delivery gap between the public and non-profit organizations. A gap has been found to exist in the participation of private industry. Actions planned to enhance coordination between public and private housing and social service agencies See above response. Discussion The City has provided funds for housing improvement at the Junkman-Knobel Sober Living Unit -a residential facility that is part of Pathways Behavioral Services -that services persons with alcohol or other substance abuse problems. The Local Homeless Coordinating Board includes agencies that serve persons with HIV/AIDS, persons with alcohol or other abuse problems, persons with disabilities and elderly clients. All agencies are informed of our funding cycle and encouraged to apply for funding. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 35 2018 Page 122 of 284 Program Specific Requirements AP -90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction All program income that is received the previous year is allocated in the activities for the next fiscal year. Our program income comes from forgivable loans that do not finish out the 5 year affordability period and therefore, some repayment is required. In addition, we initiated a grant/loan program for our emergency repairs activity this year and anticipate generating additional program income from the loan repayments. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. OMB Control No: 2506-0117 (exp. 06/30/2019) 90.00% Annual Action Plan 36 2018 Page 123 of 284 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: Not applicable 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Recapture Provision A recapture provision of the HOME regulations pursuant to CFR Part 24 92.254 (a)(5)(ii) will be used when HOME funded assistance is provided for down payment assistance for people at income levels of 80% or less of Waterloo's median income. The homebuyer must reside in the home as the principal residence for the duration of the period of affordability. Should the homebuyer need to transfer the property (either voluntarily or involuntarily) during the affordability period, it must follow these recapture provisions. The homebuyer may resell the property on the open market to any willing buyer during the affordability period. The property is subject to this provision for an affordability period based on the amount of direct financial assistance of HOME funds to the buyer (down payment, closing costs and any assistance that reduced the purchase price from fair market value to an affordable price) as indicated in the following chart. Up to $14,999- 5 years $15,000-$40,000- 10 years Greater than $40,000- 15 years The client will sign and the City will record a mortgage in second position to the bank mortgage stating the principal residency requirement throughout the affordability period. The client will also sign a HOME Agreement with the City referencing property value, the amount of direct financial assistance provided, the recapture provisions, certification of principal residence and the property standards. The mortgage document includes the affordability period, the principal residency requirement and the recapture provision for the assistance. The City of Waterloo will reduce the amount of direct HOME subsidy for recapture on a percentage - based reduction for the time the homebuyer has owned and occupied the house measured against the affordability period if the housing unit is sold during the affordability period. For example, with a five year affordability period, the recapture amount will be reduced by one fifth for each year of occupancy. The resulting ratio is used to determine how much of the direct HOME subsidy the City will recapture. The amount recaptured cannot exceed what is available from net proceeds. To determine OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 37 2018 Page 124 of 284 the amount forgiven, divide the number of years the homebuyer occupied the home by the period of affordability and multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer. If there are insufficient net proceeds available at sale to recapture the full pro rata amount due, the homebuyer and City will share net proceeds equally (50-50 split). Net proceeds are defined as the sales price minus principal loan repayment (other than HOME funds) and any closing costs. Under no circumstances will the City recapture more than the available net proceeds. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: See above. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: Not applicable Match Requirements for HOME funds: The City reaches its 25% match requirement for HOME funds by requiring each Subrecipient that receives HOME funding to provide that match. Some subrecipients that provide housing use their donor contributions through out the year as their match. HOME loan payments on our existing Tax Credit projects that used HOME funds are also used as match. All matching funds are non-federal funds. HOME Tenant Based Rental Assistance- The waiting list for Section 8 housing Choice Vouchers has over 2000 applications showing the need for rental assistance in Waterloo. The use of HOME funds assists those clients that have applied for Section 8 but are on the waiting list. This allows the client to find a rental unit that is decent, safe and sanitary using TBRA funds until they are approved for the Section 8 voucher program. OMB Control No: 2506-0117 (exp. 06/30/2019) Annual Action Plan 38 2018 Page 125 of 284 CITY OF WATERLOO Council Communication Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit Project. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: D epartment Housing Authority Clerk Office Reviewer Mayer, Sonia Even, LeAnn ATTACHMENTS: Description D Request for Bid D Addendum #1 D Davis -Bacon Wage Rate D Davis -Bacon Information & Requirements D Contract #2018-1 D Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Date 4/10/2018 - 10:36 AM 4/11/2018 - 10:47 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive 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 approving award of bid to Dalton Plumbing of Cedar Falls, Iowa, in the amount of $92,190.00, and approving contract, bond and certificate of insurance, in conjunction with the Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit Project, and authorize the Mayor and Housing Authority Director to execute said documents. Submitted By: Julie Dawson, Housing Authority Director Approval and award of bid. This project includes the purchase and installation of 60 PTAC cooling units for Ridgeway Towers Apartments. 52 units are located in tenant apartments, with the other 8 located in common areas of the building. 30 units are to be installed by May 31, 2018, and the other 30 installed by September 30, 2018. Amended estimate is approximately $90,000. 2017 and 2018 Capital Fund grants from the Department of Housing and Urban Development. (283-13-5451) Page 126 of 284 Policy Issue: N/A Alternative: Background Information: Continued use of the current units which have required many costly repairs, and are not energy efficient, As the Housing Authority pays all utilities for its residents, energy costs are a priority. The current units are 15 years old and have out -lived their projected lifespan. The date of public hearing and bid opening was set on March 19, 2018 (by the Waterloo Housing Authority Board) and on March 26, 2018 during the regular council meeting. The Housing Authority Director mailed bid packets to 6 MidAmerican Energy allies, in hopes of qualifying for rebates. However, after conversations with several of these contractors, 2 options have been given for bid. Cooling units that meet the required 10.9 EER are not available to fit into the current housing of the Ridgeway Towers PTAC units. Therefore, contractors may submit bids for 10.9 EER with additional costs for a new housing, etc., plus labor; or submit a bid for a unit that will fit into the current housing, but has a lower EER. The Housing Authority Director will determine the most cost-effective option after bids have been received. Legal Descriptions: N/A Page 127 of 284 REQUEST FOR BID The City of Waterloo Housing Authority is requesting bids for the purchase and installation of 60 replacement PTAC (Packaged Terminal Air Conditioner) cooling units at Ridgeway Towers Apartments (225 W. Ridgeway Avenue, Waterloo, Iowa) to meet the following specifications: • Cooling capacity of 15,000 btu/hr. • EER (Energy Efficiency Rating) of 10.9 or higher (to qualify for MidAmerican Energy rebates). • 30 units to be purchased and installed in April/May of 2018; the other 30 units to be purchased and installed in August/September of 2018. • Installation of all 60 units. Davis -Bacon wage rates will apply. (See the attached information, and General Decision.) • Removal and purchase/disposal of old units. SCOPE OF WORK There are 50 apartments at Ridgeway Towers — 48 1 -bedroom units and 2 2 -bedroom units. The 1BR apartments each have one (1) PTAC cooling unit. The 2BR apartments each have 2 PTAC cooling units. The remaining 6 PTAC cooling units are in common areas of the building, including the Community Room, Office, and front entry. All 60 units will be replaced with energy efficient models meeting the above specifications. The old units are to be removed from the premises. If the bidder would like to purchase the old units to use for parts, etc., please indicate such on the attached bid form. ALL BIDDERS ARE ENCOURAGED TO LOOK AT THE CURRENT UNITS PRIOR TO SUBMITTING THEIR BID. PLEASE CONTACT DANA JACKSON, RIDGEWAY TOWERS HOUSING MAINTENANCE, AT 319-230-5619, TO SCHEDULE AN APPOINTMENT. RECEIVING AND OPENING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City until the 12th day of April 2018 at 1:00 p.m. for the RIDGEWAY TOWERS PTAC COOLING UNIT PROJECT, Contract No. 2018-1, as described in detail above, and now on file in the Office of the City Clerk. Bids should be submitted on the attached form only. Bids will be opened in the first Floor Conference Room at City Hall, in the City of Waterloo, Iowa on April 12, 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. 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 bod, (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 RIDGEWAY TOWERS PTAC UNITS Contract #2018-1 Page 1 Page 128 of 284 bond will be held as security that the Bidder will enter into a Contract for purchase and installation, and in case the successful Bidder shall fail or refuse to enter into the Contract, his bid security may be retained by said City as agree 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. Bidders must meet or exceed the above specifications for the total price quoted. Bids that do not meet or exceed the minimum specifications, as determined by the City of Waterloo Housing Authority, will not be considered. All bid prices, upon submission by the Bidder, are recognized by the Authority as irrevocable for a minimum of thirty (30) calendar days following the date of bid opening. The procurement policy for the City of Waterloo dictates that the Housing Authority accept the lowest responsible bid that meets or exceeds the minimum specifications, and whose contract proposal offers the greatest value to the Authority considering price, technical, or other factors. The Bidder understands that the Waterloo Housing Authority reserves the right to reject any bid that is either not considered responsible, or not most advantageous to the Authority. MBE/WBE CONTRACT COMPLIANCE PROGRAM The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good -faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good -faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. RIDGEWAY TOWERS PTAC UNITS Contract #2018-1 Page 2 Page 129 of 284 BEGINNING AND COMPLETION DATES The contract for purchase and installation must be signed no more than ten (10) days following award of bid by the City Council. The initial 30 units must be installed by no later than May 31st, 2018. The other 30 units must be installed by no later than September 30th, 2018. The successful bidder understands that the City of Waterloo Housing Authority shall cancel this arrangement with thirty (30) day notice if all conditions as stated in this bid request have not been fulfilled. If you have any questions regarding this request, please contact Julie Dawson, City of Waterloo Housing Authority Director, at 319-233-0201 or at julie.dawson@waterloo-ia.org. RIDGEWAY TOWERS PTAC UNITS Contract #2018-1 Page 3 Page 130 of 284 BID FORM Unit Cost: $ X 60 units = Extended Price: $ Installation Cost: $ X 60 units = Extended Price: $ TOTAL BID AMOUNT: $ **If the bidder is interested in purchasing the old units for parts, etc., please complete the following. If not bidding on purchase of the old units, it is understood that the successful bidder will remove all of the old PTAC units from Ridgeway Towers, and dispose of them, as part of the above bid amount. Purchase of old PTAC units: $ X 60 units = Extended Price: $ Submitted by: Company Name: By: Date: Printed Name Signature RIDGEWAY TOWERS PTAC UNITS Contract #2018-1 Page 4 Page 131 of 284 Attachments: • Davis -Bacon Wage Rate Determination (see highlighted wage rate on page 3) • Davis -Bacon Information and Requirements for the Contractor • Form of Contract RIDGEWAY TOWERS PTAC UNITS Contract #2018-1 Page 5 Page 132 of 284 Ridgeway Towers PTAC Units Contract #2018-1 Addendum #1 Per conversations with several heating and cooling contractors, the Waterloo Housing Authority is notifying all interested contractors that there are now two (2) distinct options for bid: Option #1 Bid for 60 units at 10.9 EER or higher (to qualify for MidAmerican Energy rebates), including additional materials for new housing, etc., as well as additional labor costs. Option #2 Bid for 60 units at a lower EER that will fit into the current housing. These will not qualify for rebates, but may be a more cost-effective option for the Housing Authority. Both options are for cooling capacity of 15,000 btu/hr. Bidders are encouraged to bid on both options, but may choose to bid on either Option #1 or Option #2. Please contact Rick Kirby between 8:30 a.m. and 1:30 p.m. at 319-230-1256 to view the current units prior to submitting your bid. All bids are due in the Waterloo City Clerk's office, 715 Mulberry Street by 1:00 p.m. Thursday, April 12, 2018, and must be accompanied by 5% security. If you have any further questions, regarding this matter, please contact Julie Dawson, City of Waterloo Housing Authority Director, at 319-233-0201 or julie.dawson@waterloo-ia.org. Page 133 of 284 3/19/2018 htlpsilwww.wdol.gov/wdol/scafiles/davisbacon/IA133.dvb?v=1 General Decision Number: IA180133 01/12/2018 IA133 Superseded General Decision Number: IA20170133 State: Iowa Construction Type: Building County: Black Hawk County in Iowa. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date @ 01/05/2016 1 01/12/2018 B0IL0083-009 01/01/2017 Rates Fringes BOILERMAKER $ 36.56 29.05 BRIA0003-006 10/18/2016 Rates Fringes TILE SETTER $ 32.85 1.90 BRIA0003-026 05/01/2016 BLACK HAWK, BREMER, BUCHANAN, BUTLER, GRUNDY, HARDIN, MARSHALL AND TAMA COUNTIES Rates Fringes BRICKLAYER $ 26.00 11.83 ELECO288-002 06/01/2015 Rates Fringes ELECTRICIAN $ 28.06 5.5%+8.80 * ELEV0033-002 01/01/2018 Rates Fringes https://www.wdol.gov/wdoliscafiles/davisbacon/IA133.dvb?v=1 Page 134 of 2�4 3/19/2018 hMtps://www.wdol.gov/wdol/scathes/davisbacon/IA133.dvb?v=1 ELEVATOR MECHANIC $ 43.44 32.645+a+b FOOTNOTES: A. Employer contributes 8% of regular basic hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for employees with less than 5 years of service. B. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; & Christmas Day. ENGI0150-048 06/01/2016 Rates Fringes POWER EQUIPMENT OPERATOR Backhoe/Excavator/Trackhoe$ 32.50 29.95 Bobcat/Skid Steer/Skid Loader $ 28.80 29.95 Loader $ 32.50 29.95 Paver- All Types $ 32.50 29.95 Roller $ 32.50 29.95 IRON0089-002 08/01/2017 Rates Fringes IRONWORKER (Ornamental and Structural) $ 26.00 22.10 IRON0111-002 07/01/2017 Rates Fringes IRONWORKER (Reinforcing) $ 31.20 24.44 LAB00309-010 06/01/2016 Rates Fringes LABORER (Pipelayer) $ 24.63 17.91 PAIN0447-001 05/01/2017 Rates Fringes PAINTER (Brush and Roller) $ 23.45 9.70 SFIA0669-002 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 34.91 15.84 SUTA2016-037 07/19/2016 Rates Fringes BRICKLAYER $ 24.90 9.60 CARPENTER $ 20.51 8.12 CEMENT MASON/CONCRETE FINISHER$ 20.74 4.16 https://www.wdol.gov/wdol/scafiles/davisbacon/IA133.dvb?v=1 Page 135 of 2r4 3/19/2018 https.//www.wdol.gov/wdol/scafiles/davisbacon/IA133.dvb?v=1 INSULATOR: Mechanical (Duct, Pipe and Mechanical System Insulation) $ 23.28 8.91 LABORER: Common or General $ 14.68 2.51 LABORER: Mason Tender Brick$ 19.39 8.17 OPERATOR: Bulldozer $ 26.13 13.56 OPERATOR: Crane $ 24.15 8.10 OPERATOR: Forklift $ 22.96 7.49 PAINTER: Spray $ 19.76 9.05 PIPEFITTER, Includes HVAC Pipe Installation $ 20.95 9.00 PLUMBER $ 25.05 8.97 ROOFER $ 21.92 5.07 SHEET METAL WORKER, Includes HVAC Duct and Unit Installation $ 22.95 9.66 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). https://www.wdoLgov/wdol/scafiles/day.sbacon/lA133.dvb?v=1 Page 136 of 2$.4 3/19/2018 https://www.wdol.govlwdol/scafi]es/davisbaconllA133.dvb?v=1 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. 5U indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination https://www wdol.gov/wdol/scafiles/davisbacon/IA133.dvb?v=1 Page 137 of 2p4 3119/2018 https://www.wdol.gov/wdol/scafiles/davisbacon/IA133.dvb?v=1 * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scatiles/davisbacon/lA133.dvb?v=1 Page 138 of 284 General Conditions for Non -Construction Contracts Section 11— (With Maintenance Work) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/3112017) Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.0 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees. Applicability. This form HUD -5370C has 2 Sections. These Sections must be inserted into non -construction contracts as described below: 1) Non -construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 — use Sections I and 11. Section 11-- Labor Standard Provisions for all Maintenance Contracts greater than $2,000 1. Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not Tess often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met (1) The work to be performed by the classification required is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the industry; and (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. (1) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. 2. Withholding of funds The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD -determined wage rales, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic (i) Name, address and Social Security Number, (ii) Correct work classification or classifications; (iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages eamed; (vii) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds 4. Apprentices and Trainees (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of Section II - Page 1 of 3 form HUD -5370-C (1/2014) Page 139 of 284 Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A (11) trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or (m) A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice's/trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio pemiitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 5. Disputes concerning labor standards (a) Disputes arising out of the labor standards provisions contained in Section 11 of this form HUD -5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD's own motion, upon referral of the HA, or upon request of the Contractor or subcontractor(s). A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight -time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations, The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA () or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor (n) Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer's decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD -5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 6. Contract Work Hours and Safety Standards Act The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" includes watchmen and guards. (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 taborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; Liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any Section II - Page 2 of 3 form HUD -5370-C (1/2014) Page 140 of 284 subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such temtory), 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 provisions set forth in paragraph (a) of this clause, 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 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U S Department of Labor withhold or cause to be withheld, from any moneys payable on account of work perfomied by the Contractor or subcontractor under any such Contract or any 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 any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section 11 and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. 8. Non -Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non -Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Section 11- Page 3 of 3 form HUD -5370-C (1/2014) Page 141 of 284 3 a 1 s a m (For Contractor's Optional Use; See 0 r r C in C x it (D• ox P ^ =O a O Page 142 of 284 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.p., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER PAYROLL NO. FOR WEEK ENDING NAME OF CONTRACTOR OR SUBCONTRACTOR 0 NO. OF WITHHOLDING EXEMPTIONS E z z 0 0 0 0 o 0 00 00 0 0 0 0 00 OT OR ST (4) DAY AND DATE 0 21 X 0 0 g§ N A PROJECT AND LOCATION PROJECT OR CONTRACT NO. ADDRESS OMB No.: 1235-000E Expires: 02/2812018 0 T j 61 \\.\\\\\\M O�N (8) DEDUCTIONS O* OTHER SNOLL341030 'h/l01 mom 3 a 1 s a m (For Contractor's Optional Use; See 0 r r C in C x it (D• ox P ^ =O a O Page 142 of 284 I. o v 5-'021.7., °20N ID 0, 3 7 my m- • 5 a : ❑ w m 0 m m c ami m 3 9 m 9...(0, `�� $ 3 ma I • v mFa5yw �• �m m • °• Dm� 5mt7 m w a z a43 (n8' a) =o °=7033c<0 m g16m gam ID m m m 3 g 3 o o m Prov $ 0,° u m° Z° 3 m m m n.� W • 2.a.a jjc a c 0. 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SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. z m 0 g EXCEPTION (CRAFT) o EXPLANATION (1) That I pay or supervise the payment of the persons employed by 1-7 m X m m v 0 Z :stets Agway op (deed 4.101eu6!S 10 eWc 4) 5 gN m _ m �m C1 a 3 O O jj yc aS g 0 O O it, o 11m w Nola 0 0 - Cl • 0 co nm 0. 0 0300 N 5+ 0 c a 0 5. 7oag 3a�m W m H as w 3 m a S 3 o-.= 3 = i 5 a517, 0 . EA 0 . N ga m 3 a y m mS m Q ma.m N aref e. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Page 143 of 284 CONSTRUCTION CONTRACT FORM OF CONTRACT FOR THE PURCHASE AND INSTALLATION OF PTAC Cooling Units at Ridgeway Towers CITY OF WATERLOO, IOWA CONTRACT NO. 2018-1 This contract made and entered into this day of April , 2018 by and between the City of Waterloo Housing Authority, Waterloo, Iowa, a (Non) Profit Corporation, (hereinafter referred to as Agency), and of , Iowa, (hereinafter referred to as Contractor), WITNESSETH: Article 1: Scope of Work Contractor agrees to provide and install the following at Ridgeway Towers Apartments (225 W. Ridgeway Avenue): 60 PTAC (Packaged Terminal Air Conditioner) cooling units with a cooling capacity of 15,000 btu/hr. Contractor also agrees to remove all of the old PTAC units from the premises, and either use of them for parts, or dispose of them. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the Owner. The CONTRACTOR further agrees that all work will be done in full compliance with the work description, the City of Waterloo Building Code, the Black Hawk County building codes, and Federal and State specifications currently in effect and the work standards of the building trades utilized. Page 144 of 284 Article 2: Contract Price 2.1 Contract Price_ The total Contract Price to be paid to the Contractor for their performance of all construction work on the locations required by this Contract is: 2.2. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the Agency agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the Agency. No additions or subtractions to the Contract Price may be made without signed written change orders between the Contractor and the Agency. Payment will be made by city warrant following completion of the project. 2.3. The Contractor shall not take advantage of any discrepancies in the drawings or specifications. If any discrepancies are found, they shall be referred to the Agency prior to corrections being made. The Contractor may request changes, alterations, additions, or deletions from work specified in the Contract Document. Article 3: Contract Documents 3.1. Contract Documents. It is understood and agreed that the resolution adopted by the Agency ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. In addition the Contract documents shall include the following: 1. Working Drawings, Plans, and Specifications. 2. Davis -Bacon Wage Decision. 3. Contractor's Bid. 4. Lien Waiver/Anti-Kickback Statement 5. Federal Circular, Notices and Regulations specified in Attachment "A" The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the Agency which has been accepted by the Agency and which is by reference made a part of this contract. Page 145 of 284 Article 4: Commencement of Work 4.1 Commencement of Work. The Contractor agrees to commence said work within thirty (30) days following contract signing, and complete it the installation of the first 30 units on or before May 31, 2018, unless an extension of time is granted in writing by the Agency. The Contractor also agrees to install the remaining 30 units in August/September of 2018 with completion of the entire project by no later than September 30, 2018, unless an extension of time is granted in writing by the Agency. In no event shall the Contractor begin the work before the designated start date, nor prior to the posting of the required "Davis -Bacon" or Federal "5 in 1 Labor Law Poster" (or similar materials) in a visible place together with other pertinent information including the Contractors AA program and emergency contact numbers. 4.2. As of the start date, the Contractor shall promptly and diligently commence work and shall continuously perform the work through its completion as required herein. 4.3. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications promptly by the date herein specified, the Agency may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. Article 5: Completion of Work The Contractor must complete all work required under this Contract by the dates detailed as follows: 5.2. All required work shall be fully completed in a satisfactory, professional and workmanlike manner. 5.3. The contractor shall provide a Code Compliance Certificate from Inspections Department of the work, location's jurisdiction and any other sign -off or completion certificates upon completion of all work, when so required. 5.4. If the Contractor fails to complete any of the required work by the dates and manner as established in this Contract, then the Contractor and the Contractor's sureties shall be assessed a penalty and be liable to the Agency for the sum of ten dollars ($10.00) per day, per each one -thousand dollars ($1,000.00) of the Contract Price for each calendar day of delay, in completing the required work by its required completion date. If the Contractor or contractor's sureties fail to pay the assessed penalty within the thirty (30) days after the date the written notice of penalty assessment has been sent to the Contractor, then the Contract Price shall be reduced accordingly to reflect the off -set against the assessed penalty. Page 146 of 284 Article 6. Lien Waivers The Contractor shall project defend, indemnify and hold harmless, the Agency from any and all lien claims for unpaid work, labor, materials or equipment for which a lien could be filed against the property arising from this Contract. The Contractor shall not be entitled to any payment until the Contractor has delivered to Title all required lien waivers, releases or satisfactions, or a bond satisfactory to Title indemnifying the Agency from any mechanic's liens against the construction site or buildings thereon. Article 7: Indemnity and Hold Harmless 7.1. Indemnity and Hold Harmless. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. 7.2. The Contractor agrees that in the event a law suit is brought against the Owner/Agency for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any act or omission by the Contractor, or the Contractor's subcontractors, or its employees, agents or delegates, in the doing of the work herein contracted for, that it will defend said suit and save the Agency harmless therein, and in case judgment is rendered against the Agency the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the Agency. 7.3. The Contractor shall maintain no cause of action against the Agency on account of delays and prosecution of work, but if said work is delayed by the Agency, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the Agency. 7.4. The Contractor shall be responsible to the Agency for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other person performing any of the work under a contract with the Contractor. Article 8: Construction Defects and Warranties 8.1. Construction Defects. The Contractor shall furnish the Agency with all manufacturers' and suppliers' written guarantees and warranties covering the materials and equipment furnished pursuant to this Contract. The Contractor shall abide by the statutory warranties provisions. Page 147 of 284 8.2. The Agency shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer/Building Inspections Department. Article 9: Agency Compliance Inspections 9.1. Compliance Inspections. During the course of work, and before process of payment, the Agency shall make periodic inspections of the work to monitor work progress and completion of work in compliance with the contract. The Agency in no way warrants the structural soundness of any improvements, the quality of work or materials, or the fitness of the improvements for their intended use. The City's Building Officials shall inspect work, improvements, and materials for compliance, as necessary, with the recently adopted International Building Code. Article 10: Insurance 10.1. Insurance. The Contractor shall provide and maintain with responsible insurance companies licensed to do business in Iowa, in amounts appropriate to provide adequate coverage under this Contract, and naming the Agency as additional insured, liability insurance, builder's risk insurance, and worker's compensation insurance. Certificates of such insurance shall be provided to the Agency prior to the commencement of the work. Article 11: Contractual Disputes 11.1. Governing Authority. In accordance with federal regulations and OMB Circular A- 110, and 24 CFR Part 85, and related regulations, the Contractor, its subcontractors and the Agency agree to arbitration (binding or otherwise) in the event of a contractual dispute prior to any commencement of litigation under this Contract. 11.2. Definition. A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Agency and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate the Claims rest with the party making the Claim. 11.3. Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first Page 148 of 284 recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Agency or its designee. 11.4. Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Agency shall continue to make payments in accordance with the Contract Documents. 11.5. Claims for Additional Cost. If the Contractor wishes to make a claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior Notice is not required for Claims relating to an emergency endangering life or property. 11.6 Types of Claims. Claims shall be filed in accordance with this Section if the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Agency or its designee, (2) an order by the Agency to stop Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Agency or its designee, (4) failure of payment by the Agency, (5) termination of the Contract by the Agency, (6) Agency's suspension or, (7) other reasonable grounds. 11.7 Claims Approval/Rejection Procedure. The Agency or its designee will approve or reject claims by written decision, which shall state the reasons therefore and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Agency or its designee shall be final and binding on the parties but subject to mediation and arbitration. 11.8 Initiating Mediation. A demand for mediation/arbitration must be made within 30 days after the date on which the party making the demand receives the final written decision. The failure to demand mediation/arbitration within said 30 days period shall result in the Agency or its designee's decision becoming final and binding upon the Agency and Contractor. Claims are subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. The request for mediation may be made concurrently with the demand for arbitration, but in such event mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 11.9 Cost of Mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Page 149 of 284 11.10. Arbitration. Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect, shall, after decision by the Agency or its designee or 30 days after submission of the Claim to the Agency or its designee, is subject to arbitration. Prior to arbitration the parties shall endeavor to resolve disputes by mediation in accordance with the provisions herein. 10.11. Demand for Arbitration. A demand for arbitration shall be made within 30 days after the date on which the party making the demand receives the final written decision. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitation. 11.12. Arbitration. Claims shall be made in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy to the Agency or its designee. 11.13. Judgment and Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Article 12: Payments/Disbursements The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the Owner/Agency need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. Before payment in full is tendered, the Contractor shall provide the Owner/Agency with appropriate lien waivers. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. No payment shall be made until the project has been completed by the Contractor and inspected for contract compliance by the Agency. All required full or partial mechanic's and lien waivers, releases or satisfactions or receipts for all labor, materials or equipment are attached to the draw request; and the Contractor is in full compliance with all of the Page 150 of 284 provisions of this Contract. No payment made under this Contract shall act as a waiver of the Contractor's obligation to fully perform and comply with all of the terms and conditions of this Contract. Payment in full will be made subject to satisfactory completion of all work under the Contract Documents. After the completion of said work, the Contractor agrees to remove any debris and clean up said building and grounds, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the building and grounds back in proper condition for use. 12.1 This contract is not divisible, but in the event of a conflict between this contract and various instruments incorporated by reference, this contract shall govern. 12.2 Before the Contractor shall be entitled to receive payment for work done under this contract, the Agency, or its representative shall conduct an inspection following completion. Article 13: Conflicts of Interest 13.1. Conflicts of Interest. No member of the governing body of the Agency, officer, employees, or agents of the Agency, public official, city employee, or Waterloo Housing Authority Board member of the City of Waterloo, Iowa shall participate in the award, administration, and/or enforcement of the terms and conditions of this Contract if a conflict of interest, real or apparent, would be involved. In addition, no public official, city employee, or Waterloo Housing Authority Board member of the City of Waterloo, Iowa, nor the Owner/Agency's officers, employees or agents will solicit or accept gratuities, favors or anything of monetary value from contractors or subcontractors. All of the aforementioned persons or entities shall also avoid any appearance of conflict or impropriety relating to the bid process, contract administration, and/or enforcement of the terms and conditions of the Contract. Article 14: Equal Employment, Civil Rights, and HUD Section 3 Requirements The Contractor and its subcontractors agree to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR chapter 60). Page 151 of 284 Article 15: Record Keeping Access and Requirements The Contractor and its subcontractors agrees to grant access to the City of Waterloo, the Agency/Owner, the Dept. of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor and its subcontractors agree to maintain such books, documents, papers, and records for a minimum of three years from the date of the completion of the project. Article 16: Utilization of Out -of -State Contractors The provisions of Iowa Code Section xxxxx do not apply to this procurement, unless applicable Federal statutes expressly mandate or encourage geographic preference. Out of state contractors are bound to HUD Section 3 preferences and OMB Circular A-110 Affirmative Action requirements in the same manner as in-state contractors. Article 17: Governing Law This Contract and all its incorporated agreements are to be construed and enforced to and by the laws of the State of Iowa. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. FOR THE CONTRACTOR FOR THE AGENCY Signature Signature Quentin Hart, Mayor, City of Waterloo Name and Title Name and Title Date Date Signature Julie Dawson, Director, City of Waterloo Housing Authority Date Page 152 of 284 Attachment A: HUD -5370 -EZ, General Contract Conditions for Small Construction/Development Contracts Attachment B: Davis -Bacon Wage Rate Schedule for Residential Construction in Black Hawk, Bremer, and Grundy counties in Iowa (General Decision Number: IA 201400, dated 8/14/15) - Common or General Laborer in Black Hawk County Page 153 of 284 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa ) )ss County of Black Hawk ) Ken Samek , being first duly sworn, deposes and says that: 1. He is Representative , of Hawkeye Alarm & Signal Company the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 200 Title My commission expires Page 154 of 284 Page 155 of 284 RIDGEWAY TOWERS PTAC COOLING UNIT PROJECT Bid Date: April 12, 2018 Estimate: $90,000 Bidder Bid Security Bid Amount Young Plumbing & Heating Co. Waterloo, IA o 5 /o $106,440.00 WBC Mechanical inc. Waterloo, IA 5% $166,260.00 Dalton Plumbing Heating Cooling, Inc. Cedar Falls, IA 5% Check $ 92,190.00 Page 156 of 284 CITY OF WATERLOO Council Communication Resolution approving award of bids to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $1,149.50 mowing per occurrence, $1,875.00 weed control per application (Option A) and R & D Lawn Care of Waterloo, Iowa in the amount of $540.00 mowing per occurrence, $240.00 weed control per application (Option B), and $380.00 mowing per occurrence, $240.00 weed control per application (Option C), in conjunction with the FY 18 Waste Water Treatment Plant and Lift Station Mowing, and approving the contracts, bonds and certificates of insurance, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 4/16/2018 Prepared: 4/8/2018 REVIEWERS: Department Reviewer Action Date Waste Management Hoambrecker, Steven Rejected 4/10/2018 - 10:19 AM Waste Management Henrich, Julianna Approved 4/10/2018 - 10:22 AM Waste Management Hoambrecker, Steven Approved 4/10/2018 - 10:24 AM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:21 AM ATTACHMENTS: Description Type D 2018 Lift Station Mowing Contract Cover Memo D Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Resolution approving award of bids to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of $1,149.50 mowing per occurrence, $1,875.00 weed control per application (Option A) and R & D Lawn Care of Waterloo, Iowa in the amount of $540.00 mowing per occurrence, $240.00 weed control per application (Option B), and $380.00 mowing per occurrence, $240.00 weed control per application (Option C), in conjunction with the FY 18 Waste Water Treatment Plant and Lift Station Mowing, and approving the contracts, bonds and certificates of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services Approve recommendation of award of contract to R & D Lawn Care LLC of Waterloo, IA and to B &B Lawn Care, Inc. of Waterloo, IA for the 2018 Lift Station Mowing Page 157 of 284 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES CONTRACT for 2018 WWTP & LIFT STATIONS MOWING This Contract for Wastewater Treatment Plant (WWTP) & Lift Stations mowing is made and entered into on , 2018, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 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. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications 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. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within three (3) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a. The Contractor will remove all litter, garbage, or junk on lift station lots and/or properties that would cause the Contractor not to be able to fulfill the obligation of weed/grass mowing. The Contractor is required to dispose of all garbage, litter or junk removed from said properties at the contractors cost. b. Contractors will abide by ordinance sections a. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor Lift Stations Mowing - Page 1 of 4 Page 158 of 284 c. Contractors shall bag all weeds/grass taller than 12" at lift stations and dispose of the rubbish properly. Disposal can be done at the City Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d. Contractors are not to mow or trim any flowers or gardens unless specified by Waste Management Services. e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. 11 In the event Waste Management Services finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. g. Contractor shall remove all volunteer vines, brush, or trees along any fence. 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, 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 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 necessary services performed through the 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 Lift Stations Mowing - Page 2 of 4 Page 159 of 284 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 9 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 without cause 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, 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. lf, 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 as set forth on Exhibit "A" attached hereto. Lift Stations Mowing - Page 3 of 4 Page 160 of 284 IN WITNESS WHEREOF, the parties have executed this Contract for 2018 WWTP & Lift Stations Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: Lift Stations Mowing - Page 4 of 4 Page 161 of 284 FY18 Lift Stations Mowing CO 0 N vi •,--1 Sal cZt H 773 •,--1 P4 Estimate $ 30,000.00 Bid Option C Per Occurrence Mowing: $346.50 Weed Control: $1,200.00 Mowing: $380.00 Weed Control: $24.00 Bid Option B Per Occurrence Mowing: $516.50 Weed Control: $1,300.00 Mowing: $540.00 Weed Control: $240.00 Bid Option A Per Occurrence Mowing: $1,149.50 Weed Control: $1,875.00 Mowing: $No Bid Weed Control: $No Bid a) rd rd B&B Lawn Care, Inc. Waterloo, IA R&D Lawn Care, LLC Page 162 of 284 CITY OF WATERLOO Council Communication Resolution approving Black Hawk County Gaining Association Grant Application in the amount of $600,000 for the Lincoln Park Improvements Project. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/10/2018 - 6:35 PM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:15 AM ATTACHMENTS: Description Type ❑ LOI Gaming Lincoln Park Cover Memo ❑ Open House Lincoln Park Cover Memo SUBJECT: Resolution approving Black Hawk County Gaming Association Grant Application in the amount of $600,000 for the Lincoln Park Improvements Project. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend Approval S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: A conceptual plan for improvements to Lincoln Park has been developed by Ritland-Kuiper Landscape Architects. Elements of the plan include removing deteriorated concrete/stone work, installing new wider decorative walkways, new signage, seating, lighting, and electrical improvements. A letter of intent is attached for your review. Funding for the plan was provided by McElroy Trust and the Waterloo Community Foundation. Cost of construction for the project is preliminarily estimated at $1,000,000. Grants applications will be submitted to Black Hawk County Gaming Association, Max and Helen Guernsey Foundation, Otto Shoitz Foundation among other potential sources. City funds of up to $40,000 would be designated for the project. Leisure Services Capital Improvement Program funds(General Obligation Bonds). This project supports the City of Waterloo's strategic Plan, Strategy 1.7: Seek ways to create a "live, learn, work and play" enviroment with amentities that attract and retain population in Waterloo and Strategy 4.5: Maintain and develop community services and facilities that support quality of place. Page 163 of 284 Background Information: Lincoln Park was established in 1854 as a downtown gathering place, and remains as one of Waterloo's busiest parks hosting scores of events annually. The park has not seen major improvements in over 30 years and it is in need of a comprehensive "facelift". Many stakeholders have been involved in a series of planning meetings, with a public informational open house planned for 5:30pm May 8, 2018 at the Cedar Valley SportsPlex. Page 164 of 284 LOI - Grant Lifecycle Manager Page 1 of 3 Loi Lincoln Park Improvements Process: FY18 - Qtr4 Contact Info Applicant: Bob Etringer bob.etringer@waterloo-ia.org 1101 Campbell Waterloo, IA 50701 Black Hawk Organization: Waterloo Leisure Services 42-6005327 319-291-4370 1101 Campbell Waterloo, IA 50701 Black Hawk Public Profile Contact Email History Q If your organization information does not appear correct, please contact the funder. Thank you. 1 Q LOI [RDFIdsw1thanaster1sk (*) are required. v Letter of Intent (LOI) Information ® LOI Packet ® Question List Project Title* Please keep as short as possible as the Project Title will be used as a reference throughout our process. Lincoln Park Improvements County of Service* Pae 165 of 284 https:/Iwww. grantinterface.corn/Request/Submission/LOI?request-3525545 &submission=... 3/14/2018 LOI - Grant Lifecycle Manager Page 2 of 3 Black Hawk v County Foundation Application Counties other than Black Hawk must attach proof of application to local county foundation. Upload a the [10 MiB allowed] Amount Requested* $600,000 Total Project Budget* 1,000,000 Type of Request* Capital Improvements Project Begin Date* tl 04/15/2019 Project End Date* t • 12/31/2019 Program Area* Public Safety v v Narratives Goals and Objectives* This project has the overall goal of improving facilities and grounds at Lincoln Park in downtown Waterloo. Lincoln Park was established in 1854 as a primary downtown recreation and gathering place. This park continues to be one of the busiest parks in Waterloo and home for major festivals and many other events and programs. It has been over 30 years since Lincoln Park has seen major improvements. Many park features and 0 4,162 characters left of -5,000 Other Funding Sources Generally BHCGA prefers projects with matching funds raised or committed prior to submission of the grant application. Page 166 of 284 https://www.grantinterface.com/Request/Submission/LOI?request=3525545&submission=, .. 3/14/2018 LOT - Grant Lifecycle Manager Page 3 of 3 Leisure Services has limited City of Waterloo CFP funds that would be utilized as match for a variety of other potential funding sources. Leisure Services staff are currently working with local funders and partnering with INRCOG for potential statewide grant opportunities. A NO1 has been submitted to RJ McElroy Trust for project funding. [02,65!_o_1,1„aLacters left of 10,000 Project Timelines* This project would be designed and bid during the winter of 2018-19 with construction beginning in early spring of 2019. Completion would be anticipated during the 2019 construction season. 0 4,810 characters left of 5,000 Denial Comments If this request for funding is denied by Black Hawk County Gaming Association, the reason will be listed here. Save LOI Submit LOl Page 167 of 284 https://www. grantinterface.com/Request/Submission/LOI?request=3 525 545&submission—... 3/14/2018 Lincoln P ar k The public is invited to an open house to discuss the conceptual design enhancements for Lincoln Park, located in downtown Waterloo. RITLAND+KUIPER Landscape Architects will be there to answer questions regarding the conceptual design. 5:30 - 6:30 PM CEDAR VALLEY SPORTS PLEX Page 168 of 284 CITY OF WATERLOO Council Communication Resolution approving McElroy Trust Grant Application in the amount of $150,000 for the Lincoln Park Improvements Project. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/10/2018 - 6:14 PM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:15 AM ATTACHMENTS: Description Type ❑ LOI McElroy Trust for Lincoln Park Imp Cover Memo ❑ Open House Lincoln Park Cover Memo SUBJECT: Resolution approving McElroy Trust Grant Application in the amount of $150,000 for the Lincoln Park Improvements Project. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: A conceptual plan for improvements to Lincoln Park has been developed by Ritland-Kuiper Landscape Architects. Elements of the plan include removing deteriorated concrete/stone work, installing new wider decorative walkways, new signage, seating, lighting, and electrical improvements. A letter of intent is attached for your review. Funding for the plan was provided by McElroy Trust and the Waterloo Community Foundation. Cost of construction for the project is preliminarily estimated at $1,000,000. Grants applications will be submitted to Black Hawk County Gaming Association, Max and Helen Guernsey Foundation, Otto Shoitz Foundation among other potential sources. City funds of up to $40,000 would be designated for the project. Leisure Services Capital Improvement Program funds (General Obligation Bonds). This project supports the City of Waterloo's strategic Plan, Strategy 1.7: S eek ways to create a "live, learn, work and play" enviroment with amentities that attract and retain population in Waterloo and Strategy 4.5: Maintain and develop community services and facilities that support quality of place. Lincoln Park was established in 1854 as a downtown gathering place, and remains as one of Waterloo's busiest parks hosting scores of events annually. Page 169 of 284 Background Information: The park has not seen major improvements in over 30 years and it is in need of a comprehensive "facelift". Many stakeholders have been involved in a series of planning meetings, with a public informational open house planned for 5:30pm May 8, 2018 at the Cedar Valley SportsPlex. Page 170 of 284 LOI - Grant Lifecycle Manager LOl Lincoln Park Improvements Process: McElroy Trust Grant Application Contact Info Page 1 of 6 Applicant: Mr Paul Huting paul.huting@waterloo-ia.org 319-291-4370 1101 Campbell Ave Waterloo, IA 50701 Organization: Waterloo Leisure Services 42-1505470 319-291-4370 1101 Campbell Ave Waterloo, IA 50701 Contact Email History Q If your organization information does not appear correct, please contact the funder. Thank you. D LOi fl Application LOl Packet l Question List Fields with an asterisk (*) are required. Letter of Intent Thank you for your interest in applying to the McElroy Trust. We use the Letter of Intent (LOI) as the first step in our process. The process has four goals: 1. It's a front door to ask for the support you need to begin the process. 2. It's designed to make sure you are eligible to apply. 3. It's for you to decide if your project is a good match with our priorities. 4. Its a platform to share basic information about your project. If you're invited to apply, you'll receive a link to a short application in the next week. https://www.grantinterface. com/Request/Submission/LOI?request=3 52515 5 PPI:5/20 Sof 284 LOI - Grant Lifecycle Manager Page 2 of 6 How can we help you?* After you complete the Letter of Intent, well follow up with you. Please tell us the type of follow-up that would be the most helpful to you. ® I'd like permission to apply. No other information needed. Q I'm not sure if I should apply. I need advice about what the Trust is looking for in an applicant. Q I'm just getting started as a grantwriter. I need to know some basics about how to write a grant. Section One: Eligibility of the project and the organization Does the project/initiative benefit children or young people? * Based on our donor's wishes, the McElroy Trust can only support projects benefiting young people (infants - young adults). © Yes O No Is the applicant organization a nonprofit or government entity?* By IRS guidelines, the McElroy Trust can only support requests from a 501(c)3 nonprofit or government entity. ® Yes O No Do you meet the Trust's guidelines?* Applicants should meet all guidelines to continue in the process. • The Trust does not make grants directly to individuals, except through the Gold Star and Fellowship programs. • The Trust does not make grants to religious organizations for religious programming. • The Trust does not make grants to schools for 1 -to -1 technology for students. • The Trust does not typically underwrite or sponsor fundraising events or place ads. • The Trust does not typically support endowments. ® Yes O No Will your project take place in the McElroy Trusts service area?* The McElroy Trust only supports projects in the following counties in northeast Iowa. http s ://www. grantinterface. com/Request/Submis sionlLOl?request=3 52515 5 P4g 0/2018 284 LOI - Grant Lifecycle Manager Q Allaniakee ® Black Hawk Q Bremer Q Buchanan Q Butler Q Chickasaw Q Clayton Q Delaware Q Dubuque Q Fayette Q Floyd Q Grundy Q Howard Q Tama Q Winneshiek Q Northeast Iowa region Q Iowa, including northeast region Page 3 of 6 Optional: If you chose, "Iowa" above, please tell us more. If you chose, `Iowa" above, please tell us how many young people reside in the Trust's primary counties and the percent of your clients those young people represent. 200 characters left of 200 Section Two: Is your project a good match for the McElroy Trust? https: //www. grantinterface. com/Request/SubmissionlL OI?request-3 525 15 5 Pa710/2018°f 284 LOI - Grant Lifecycle Manager Page 4 of 6 In what ways is your request aligned with the McElroy Trust's Strategy?* The McElroy Trust accepts proposals for a wide range of youth -serving activities. We also have a special set of activities we're looking for. Please spend a few minutes reading about the McElroy Trust's strategic point of view to learn more. Pick no more than two responses. What's the Context? ❑ Second Chances ❑ Protection ❑ Prevention ❑ Basic Skills LI Fun Learning inspiration ❑ Transformation ❑ Other Is the size and structure of a McElroy Trust grant a good fit for you?* The McElroy Trust doesn't have lots of rules about the size of our grants or how much you can ask for. However, over time there are some patterns in our giving that might help you decide if the Trust is a good match. We decided to be open about these patterns so that you could be fully informed before you decide if you should apply. Your time is valuable. • The McElroy Trust receives 120 to 150 requests per year. • The Trust funds 30 to 50 requests per year. • Only 3 or 4 out of every 10 proposals is awarded a grant. • The Trusts typical grant for operations/programming is $8,000 to $15,000. Grants to capital projects are larger, but usually range from 5 - 20% of the total project budget. Q Yes, the Trust's pattern fits well with our project Q I'm not sure, I'd love to have a conversation to make sure Q Our request would not fit this pattern. https://www.grantinterface.comIRequest/Submission/LOI?request=3 525155 P e, 7g1.gof 284 LOT - Grant Lifecycle Manager Page 5 of 6 Section Three: Your Request! Project Name* The name of your project will be used several times in the application process. The name you choose doesn't have to be clever or include an acronym. It just needs to be descriptive and specific (examples: Operating Support for 2019 or ABC AfterSchool Program or West Wing Building Expansion). 1 Lincoln Park Improvements What type of funding are you seeking?* All eligible. Q Capital Q Operating (as long as the entire organization is aimed at helping young people) Q Program Q Scholarship Q Pilot/innovation Q Organizaitonal Capacity Building Q Other Project summary* In a few sentences, please tell us about your project, organization or idea for which you are seeking funding. This will help us understand if it is a good match for the McElroy Trust. If you're invited to apply, you'll have more room to tell your story. Lincoln Park was established in 1854 as a major downtown gathering place. It remains one of the busiest parks in Waterloo but it has seen no major improvements in over 30 years. The RJ McElroy Trust and Waterloo Community Foundation have funded a conceptual plan for improvements with a focus on serving youth. Now we must identify funding from a variety of partners in order to implement the plan. QQ 0 characters left of 400 How much money are you requesting from the McElroy Trust?* It's okay to estimate. You will be able to change this amount if you are invited to complete a full request. $ 150,000 What is the total cost of the project/program/initiative?* Ifs okay to estimate. You will be able to change this amount if you are invited to complete the full application. ,-- T 1,000,000.. __ ._..�._ ._ .�....... _. $ https ://www, grantinterface.com/Request/Submission/LOI?request=3525155 Pih7 §)f 284 LOT - Grant Lifecycle Manager Page 6 of 6 Start date* If this is an on-going project or a request for operating support, please enter the date that you would like the Trust's grant funding to begin. rn 04/15/2019 Other questions or concerns? Please share other questions, concerns or special circumstances we should know about. rLeisure Services has limited capital resources for this project, so we will be working leverage funding from a broad spectrum of sources in order to move forward with badly needed Lincoln Park improvements. Q 91 characters left of 300 Minutes to complete LOI Please tell us how many minutes it took you to complete this form. Your answer is used to help us improve and streamline our systems, NOT to judge your request. At the McElroy Trust, we value your time and want to use it wisely. Thank you. https://www. grantinterface.com/Request/Submission/LOT?request-3 525155 P4110/2018 284 Lincoln P ar k The public is invited to an open house to discuss the conceptual design enhancements for Lincoln Park, located in downtown Waterloo. RITLAND+KUIPER Landscape Architects will be there to answer questions regarding the conceptual design. 5:30 - 6:30 PM CEDAR VALLEY SPORTS PLEX Page 177 of 284 CITY OF WATERLOO Council Communication Resolution to concur with the determination of the City Planner that the proposed change to the approved site plan for a 15,500 square foot expansion to Advanced Heat Treat Corp, located at 2825 MidPort Boulevard, is minor and shall be approved as a Minor Site Plan Amendment, within the "M -2,P" Planned Industrial District. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department P lanning & Zoning Clerk Office ATTACHMENTS: Description D AHT Site Plan SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Date 4/11/2018 - 9:58 AM 4/11/2018 - 10:41 AM Resolution to concur with the determination of the City Planner that the proposed change to the approved site plan for a 15,500 square foot expansion to Advanced Heat Treat Corp, located at 2825 MidPort Boulevard, is minor and shall be approved as a Minor Site Plan Amendment, within the "M -2,P" Planned Industrial District. Submitted By: Noel Anderson, Community Planning and Development Director Approval The applicant is requesting to construct a 15,000 SF addition on the West side of Advanced Heat Treat Corp, and a 13 stall parking lot with truck maneuvering area and dock, located at 2825 MidPort Boulevard. The site plan shows a new access point along Airport Boulevard into the new parking lot and truck area. There are also approximately 21 parking stalls to the rear of the plant and another 24 parking stalls in front of the building, therefore there are a total of approximately 58 parking stalls on site. For a use like this, the parking requirements are one parking space for every two people on the maximum work shift. In this particular request, staff is considering this a minor request as the new addition does not increase the overall floor area of the facility by more than 50 percent. The total square footage of the building being added onto is 35,270 SF, and the new addition is 15,500 SF, which is approximately 44 percent the size of the existing building. The proposed addition will utilize the same materials as the existing building to allow for a cohesive look for the business. Page 178 of 284 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Recently, Advanced Heat Treat received the investment tax credit award from the Iowa Economic Development Authority for the creation of High Quality Jobs. This project will create 12 new jobs with 6 of the jobs paying the minimum pay starting at $17.29 an hour. Staff feels that this request can be considered as a minor site plan amendment to the "M -2,P" Planned Industrial District, and requests concurrence from the City Council that they agree with such determination by the city planner. None N/A Economic Development N/A N/A MID PORT AMERICA PARK PLAT NO 1 THAT PART TRACT B LYING N OF A LINE WHICH BEGINS AT A PT ON THE E LINE OF SAID TRACT B AT APT WHICH IS 420 FT S OF THE NE COR OF SAID TRACT B TH N 90 DEG W 790 FT TO THEW LINE OF SAID TRACT B AND PT OF TERMINATION Page 179 of 284 VI V31,31,NVIII 133J_^1,381 ,le ll I OD I IH'l>IFW 7:7111^11^1 =L1. NOIIIGOV ONIG1lfl8 'dHO01V3H11V3H 03ONVAGV Lig 0 Q NOILOfWWSNOO HOd LON-I.HVNIWIl3Hd CITY OF WATERLOO Council Communication Resolution approving the Economic Development Assistance Contract with Advanced Heat Treat Corp. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 4/11/2018 - 9:47 AM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:31 AM ATTACHMENTS: Description Type ❑ Contract for Advanced Heat Treat Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving the Economic Development Assistance Contract with Advanced Heat Treat Corp. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Adopt a resolution to approve the contract. The High Quality Jobs program provides qualifying businesses tax credits and direct financial assistance to off -set some of the costs incurred to locate, expand or modernize an Iowa facility. To qualify for this very flexible assistance package that includes loans, forgivable loans, tax credits, exemptions and/ or refunds, eligible businesses must meet certain wage threshold requirements. Visit wage requirements to view the requirements for wage thresholds. None, other than Industrial Property Tax Credit previously approved. N/A Policies 1, 3, and 4 in the Strategic Plan dealing with Economic Development. Alternative: NA Eligibility Requirements: . A business must meet wage thresholds requirements. Page 181 of 284 Background Information: • Actual award amounts will be based on the business's level of need; the quality of the jobs; the percentage of created or retained jobs defined as high-quality; and the economic impact of the project. • Created jobs must pay at least 100 percent of the qualifying wage threshold at the start of the project and 120 percent of the qualifying wage threshold by project completion and through the project maintenance period unless in a distressed area. • Retained jobs must pay at least 120 percent of the qualifying wage threshold throughout the project completion and maintenance periods. • The business must provide a sufficient benefits package to all full time employees that includes at least one of the following: o Business pays 80 percent of medical and dental premiums for single coverage plans, OR o Business pays 50 percent of medical and dental premiums for family coverage plans, OR o Business pays for some level of medical and dental coverage and provides the monetary equivalent value through other employee benefits. Tax Incentives: • The State's refundable research activities credit may be increased while the business is participating in the program. • A local property tax exemption of up to 100 percent of the value added to the property to a period not to exceed 20 years may be available. • An investment tax credit equal to a percentage of the qualifying investment, amortized over five years. This tax credit is earned when the corresponding asset is placed in service and can be carried forward for up to seven additional years or until depleted, whichever occurs first. • A refund of state sales, service or use taxes paid to contractors or subcontractors during construction. • For distribution center projects, a refund of sales and use taxes paid on racks, shelving, and conveyor equipment. • To assure your addition/expansion can benefit from this program, businesses must apply prior to the beginning of the project. Legal Descriptions: N/A Page 182 of 284 ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY ADVANCED HEAT TREAT CORP., CITY OF WATERLOO, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 18 -TC -037 Page 183 of 284 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # 18-HQJTC-038 Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 18 -TC -037 - 2 - Frn[Approved 10/2017 Page 184 of 284 Economic Development Assistance Contract RECIPIENT: ADVANCED HEAT TREAT CORP. COMMUNITY: CITY OF WATERLOO CONTRACT NUMBER: 18 -TC -037 AWARD DATE: MARCH 23, 2018 AWARD AMT. — TAX INCENTIVES $230,880 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 200 East Grand Avenue, Des Moines, IA 50309, and Advanced Heat Treat Corp. (Recipient), 2825 MidPort Blvd., Waterloo, IA 50703 and the City of Waterloo (Community), 715 Mulberry St., Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community and IEDA agree to the following terms: Contract # 18 -TC -037 - 3 - Frn[Approved 10/2017 Page 185 of 284 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate" means any entity to which any of the following applies: a. Directly, indirectly, or constructively controls another entity. b. Is directly, indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity. A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award" means any and all assistance provided by IEDA for the Project under this Contract. Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance, including loans. "Base Employment Level" means the number of Full -Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Contract # 18 -TC -037 - 4 - Fint Approved 10/2017 Page 186 of 284 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full -Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full -Time Equivalent job, ""FTE, " or `full -tune" means the employment of one person: 1. For 8 hours per day for a 5 -day, 40 -hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site" means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, obsolete, or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: (1) Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3) The property is currently being used as a parking lot. (4) The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. Contract # 18 -TC -037 -5- Frn[Approved 10/2017 Page 187 of 284 "Loan " means an Award of assistance with the requirement that the Award be repaid with term, interest rate, and other conditions specified as part of the conditions of the Award. "Loan" includes deferred loans, forgivable loans, and float loans. A "deferred loan" is one for which the payment for principal, interest, or both, is not required for some specified period. A "forgivable loan" is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. A "float loan" means a short-term loan, not to exceed 30 months, made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Person" means as defined in Article 6.1(g) of this Contract. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D — Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Benefits" means that Recipient offers to each Full -Tithe Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or Contract # 18 -TC -037 - 6 - Frn[Approved 10/2017 Page 188 of 284 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D; or 3. Recipient provides medical coverage and pays the monetary equivalent of paragraph "1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives" means the tax credits, refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $ 230,880 TOTAL STATE TAX INCENTIVES: $ 230,880 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-1 High Quality Jobs Program— Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Direct State Financial Assistance — Disbursements of Award Funds. (a) Conditions to Disbursement. The obligation of TEDA to disburse funds under this Contract shall be subject to the conditions described in this Article 4. (b) Process to Request Disbursement of. Award Funds. Recipient shall prepare, sign and submit disbursement requests and reports as specified in this Contract in the form and content required by IEDA. Recipient shall verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. (c) Documents Submitted. Funds will not be disbursed until IEDA has received the documents described in section 4.3 below as well as the following additional documents, properly executed and completed and approved by IEDA as to form and substance: 1. Security Documents. The fully executed Security Documents required in Article 5. 2. Promissory Note(s). The Promissory Note(s) required and described in the exhibit(s). Contract # 18 -TC -037 - 7 - Frn[Approved 10/2017 Page 189 of 284 3. Requests for Disbursement. All disbursements of Award Funds shall be subject to receipt by the IEDA of requests for disbursement, in form and content acceptable to IEDA, submitted by the Recipient. All requests shall include documentation of costs that have been paid or costs to be paid immediately upon receipt of Award proceeds. (d) Prior Costs. No expenditures made prior to the Award Date may be included as Project costs. No funds will be disbursed for expenditures prior to the Award Date. (e) Cost Variation. In the event that the actual cost of the Project is less than the Total Project Cost specified in Exhibit C, the Award Funds specified in Article 3.1 shall be reduced at the same ratio as the reduction in the actual cost of the Project bears to the Total Project Cost specified in Exhibit B. Any funds previously disbursed by IEDA in excess of the reduced Award Funds to be provided by IEDA shall be returned to IEDA immediately upon receipt by Recipient of a written request by IEDA for repayment. (1) Investment of Award Funds. 1. In the event that the Award Funds are not immediately utilized, temporarily idle Award Funds held by the Recipient may be invested, provided that such investments shall be in accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public funds. Interest accrued on temporarily idle Award Funds held by the Recipient shall be credited to and expended on the Project prior to the expenditure of other Award Funds. 2. Within ten (10) days of receipt of a written request from IEDA, Recipient shall inform IEDA in writing of the amount of unexpended Award Funds in the Recipient's possession or under the Recipient's control, whether in the form of cash on hand, investments, or otherwise. Recipient shall return to IEDA all unexpended Award Funds remaining, including accrued interest, after all allowable Project costs have been paid or obligated within thirty (30) days after the Project Completion Date. 4.2 Tax Incentives—Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives. (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary. Contract # 18 -TC -037 - 8 - Frnt Approved 10/2017 Page 190 of 284 (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form — Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected event of default. If IEDA believes an event of default has occurred, IEDA has the discretion to temporarily suspend or delay disbursement or issuance of the Award Funds or Tax Incentives while the suspected event of default is being investigated or resolved. (b) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, WDA may suspend payment or issuance of the Award to the Recipient until Contract # 18 -TC -037 - 9 - Frnt Approved 10/2017 Page 191 of 284 such time as the default has been cured. (c) Layoff closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or all of the Award. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the TEDA's control may, in the TEDA's discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of $500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under the Contract. The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. Contract # 18 -TC -037 - 10 - Frnt Approved 10/2017 Page 192 of 284 (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient. (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient, threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient, threatened, against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including, without limitation, the Secured Property if real property is a security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. Contract # 18 -TC -037 - 11 - Frnt Approved 10/2017 Page 193 of 284 (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community or contravene or constitute a default under any covenant, indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could Contract # 18 -TC -037 - 12 - Fmt Approved 10/2017 Page 194 of 284 reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community, threatened. (f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i) Effective Date ofRepresentations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C -Description of the Project and Award Budget. The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: Contract # 18 -TC -037 - 13 - Frn[Approved 10/2017 Page 195 of 284 COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Award Date Project Completion Period Project Completion Date Maintenance Period Maintenance Period Completion Date Contract Closeout "Award Date" is "Project "Project "Maintenance `Maintenance Period IEDA will conduct the date first Completion Completion Date" is Period" is the Completion Date" is Contract Closeout stated in this Period" is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article 1 have been IEDA Board Date and the complete the Completion Period ends. met. approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point, IEDA "Contract End Date" financial At this point, IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date. The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this period of time. obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. Contract # 18 -TC -037 - 14 - Frn[Approved 10/2017 Page 196 of 284 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract, the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be unreasonably withheld, directly or indirectly: 1. Sell, transfer, convey, assign, encumber or otherwise dispose of any of the Secured Property for this Project. 2. Place or permit any restrictions, covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property. 4. Create, incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient, as described in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 31st for the period ending June 30th The Annual Project Status Report will collect information from the Recipient about the status of the Project. Contract # 18 -TC -037 - 15 - Fint Approved 10/2017 Page 197 of 284 End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. (f) Compliance with IEDA's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. Contract # 18 -TC -037 - 16 - Fint Approved 10/2017 Page 198 of 284 (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA' s duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to TEDA and its designees at places and times designated by TEDA, for the duration of this Contract and any extensions thereof Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa;; (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties, arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; Contract # 18 -TC -037 - 17 - Frnt Approved 10/2017 Page 199 of 284 (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Ongoing Fees Based on Claims. For the duration of this Contract and for as long as Recipient claims or applies for benefits against its Iowa tax liability under this Contract, Recipient shall remit to the Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed pursuant to this Contract. The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time, acceleration or otherwise; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7, for more than twenty (20) business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract # 18 -TC -037 - 18 - Frnt Approved 10/2017 Page 200 of 284 Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA; or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unbonded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perforin its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Contract, or the performance of or observance of the covenants in this Contract, is or will be materially impaired; or 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa; or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. Contract # 18 -TC -037 - 19 - Frnt Approved 10/2017 Page 201 of 284 (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment, protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default may result in termination of this Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable Contract # 18 -TC -037 - 20 - Frnt Approved 10/2017 Page 202 of 284 period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any action or proceeding of a quasi-judicial or judicial nature is commenced arising out of or relating to this Contract, such action or proceeding shall be brought in Des Moines, Iowa, in the Iowa District Court for Polk County, if such court has jurisdiction. lf, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with, the internal laws of the State of Iowa without giving effect to any conflict of law principles that may require the application of the laws of another jurisdiction. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: Contract # 18 -TC -037 - 21 - Frn[Approved 10/2017 Page 203 of 284 To the Recipient at: Advanced Heat Treat Corp. Mikel Woods 2825 MidPort Blvd. Waterloo, IA 50703 E-mail: woodsm@ion-nitriding.com Telephone: 319.291.3382 To the IEDA at: Iowa Economic Development Authority Compliance 200 East Grand Avenue Des Moines, Iowa 50309 Attention: Business Development - Compliance E-mail: Compliance@iowaeda.com Telephone: 515.348.6200 Facsimile: 877.631.7575 To the Community at: City of Waterloo Mayor Quentin Hart 715 Mulberry Street Waterloo, IA 50703 E-mail: quentin.hart@waterloo-ia.org Telephone: 319.291.4301 Each such notice, request or other communication shall be effective (i) if given by e-mail, when such e- mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (ii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iii) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 103 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. Contract # 18 -TC -037 - 22 - Frn[Approved 10/2017 Page 204 of 284 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. In the event any provision of this Contract is held to be unenforceable as written, but enforceable if modified, then such provision shall be deemed to be amended to such extent as to be enforceable and it shall be enforced to that extent. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. Any attempt by Recipient to assign this Contract other than as permitted herein shall be null and void. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # 18-HQJTC-038 2. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - Description of the Project and Award Budget 4. Exhibit D - Job Obligations 5. Exhibit E- Reserved 6. Exhibit F - Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: Contract # 18 -TC -037 - 23 - Frnt Approved 10/2017 Page 205 of 284 1. Article 1 - 10 of this Contract. 2. Exhibit A - Recipient's Financial Assistance Application (on file with lEDA), Application # 18-HQJTC-038 3. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire agreement between the Parties relating to the Project. Any representations that may have been made before or after signing this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows - Contract # 18 -TC -037 - 24 - Frn[Approved 10/2017 Page 206 of 284 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: Deborah V. Durham, Director Signature Typed Name and Title Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 18 -TC -037 - 25 - Frn[Approved 10/2017 Page 207 of 284 CITY OF WATERLOO Council Communication Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $7,168,904.23, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2018 Street Reconstruction Program (Division I + Alternate A + Divisions II & III), Contract No. 944, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/11/2018 - 9:16 AM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:11 AM ATTACHMENTS: Description Type D Bid Tab Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $7,168,904.23, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2018 Street Reconstruction Program (Division I + Alternate A + Divisions II & III), Contract No. 944, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Dennis Gentz, PE, Assistant City Engineer $7,168,904.23 Local Option Sales Tax 205-07-7500-2165 Sanitary Sewer Funds 520-14-5200-2166 Page 208 of 284 2018 Street Reconstruction Cont. 944 Bid Tab: April 5, 2018 Division 1 Base Bid + Alt A (Asphalt) + Division 2 & 3 Estimate: $7,598,726.76 Division 1 Base Bid + Alt B (Concrete) + Division 2 & 3 Estimate: $8,023,732.96 Bidder Bid Security Bid Amount Croell, Inc. New Hampton, IA 5% Alt. B - $7,639,882.61 Aspro, Inc. Waterloo, IA 5% Alt. A - $7,168,904.23 Page 209 of 284 CITY OF WATERLOO Council Communication Resolution approving agreement with Iowa Heartland Habitat for Humanity for sanitary sewer extension in conjunction with the 1600 block of W. 6th Street in the FY 2018 Street Reconstruction Program, Contract No. 944, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/11/2018 - 9:36 AM Clerk Office Even, LeAnn Approved 4/11/2018 - 10:20 AM SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Resolution approving agreement with Iowa Heartland Habitat for Humanity for sanitary sewer extension in conjunction with the 1600 block of W. 6th Street in the FY 2018 Street Reconstruction Program, Contract No. 944, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer The City of Waterloo will be responsible for the cost of the reconstruction of the street with the exception of the cost for sanitary sewer extension to serve Lots 7 & 8 in Irving Square addition and Iowa Heartland Habitat for Humanity will be responsible for the cost of the sanitary sewer extension to serve Lots 7 & 8 in Irving Square Addition. The City will process the payments to the contractor and will then be reimbursed by Iowa Heartland Habitat for Humanity. Street Recon portion - Local Option Sales Tax Funds 205-07-7500-2165 Sanitary sewer portion - Sewer Fund 520-14-5200-2166 & Habitat for Humanity Funds Page 210 of 284 CITY OF WATERLOO Council Communication Resolution approving Professional Service Agreement with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $40,000, in conjunction with the Progress Avenue and Greenhill Road Intersection Traffic Signals and Geometric Improvements, and authorize the Mayor to execute said document. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Traffic Operations ATTACHMENTS: Description D consultant contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer Even, LeAnn Action Approved Type Cover Memo Date 4/11/2018 - 10:28 AM Resolution approving Professional Service Agreement with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $40,000, in conjunction with the Progress Avenue and Greenhill Road Intersection Traffic Signals and Geometric Improvements, and authorize the Mayor to execute said do cument. Submitted By: Sandie Greco, Interim Public Works Director Approve Resolution this project includes design of permanent traffic signals so that signal appurtenances are located to make room for future installation of left turn lanes. Partial preliminary engineering of geometric design is part of the project. Not to exceed $40,000 GO Bond - 417-17-7161-2125 Strategy 2.2 - Enlist all City departments and staff members in efforts to promote a safer community. Strategy 3.4 - Identify and implement proven cost and resource saving measures. Temporary span wire signals were installed until the study is completed to propose what is needed for the intersection design and installation of permanent signals. Page 211 of 284 GREENHILL ROAD AT PROGRESS AVENUE IMPROVEMENTS CITY OF WATERLOO, IOWA PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between Ament Design, 625 32nd Avenue SW, Cedar Rapids, Iowa, hereinafter referred to as "AMENT" and City of Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES AMENT shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. AMENT'S RESPONSIBILITIES AMENT shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of AMENT and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon AMENT as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. Schedule shall be as defined in Attachment B. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of AMENT's failure to meet these standards, AMENT shall reperform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since AMENT has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, AMENT does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. AMENT makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) AMENT shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which AMENT procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. AMENT's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) AMENT will be providing estimates of costs to the CLIENT covering an extended period of time. AMENT does not have control over any such costs, including, but not Page 212 of 284 limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by AMENT are estimates only, made on the basis of AMENT's experience and represent AMENT's reasonable judgment as a qualified professional. AMENT does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by AMENT, and the CLIENT waives any and all claims that it may have against AMENT as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to AMENT all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. AMENT shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION AMENT agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of AMENT during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, AMENT shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over AMENT's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. AMENT agrees to name CLIENT as Additional Insured on this policy, but only to the extent of AMENT's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering AMENT against all sums which AMENT may become legally Page 213 of 284 obligated to pay on account of any professional liability arising out of the performance of this Agreement. AMENT agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. AMENT shall provide prompt notice to the CLIENT in the event of cancellation, material change, or nonrenewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation associated with the conceptual roadway design and final traffic signal design is a not -to -exceed fee of forty thousand Dollars and no cents ($40,000.00). The fee is broken down in Attachment B. AMENT may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay AMENT the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give AMENT written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to AMENT the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to AMENT. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, AMENT will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which AMENT prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when AMENT has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to AMENT and CLIENT agrees to release, defend and hold AMENT harmless from and against all claims or suits asserted against AMENT in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by AMENT. Nothing contained in this paragraph shall be construed as limiting or depriving AMENT of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and AMENT makes no Page 214 of 284 warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) AMENT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall AMENT be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall AMENT be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that AMENT may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of AMENT the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing AMENT as an additional named insured. X. INDEPENDENT CONTRACTOR AMENT shall be an independent contractor with respect to the Services to be performed hereunder. Neither AMENT nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Preexisting contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by AMENT. CLIENT agrees to release, defend, indemnify and hold AMENT harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from AMENT's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. AMENT shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities Page 215 of 284 including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that AMENT executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, AMENT shall be and be deemed to have acted as CLIENT's agent. For AMENT's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide AMENT with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that AMENT's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by AMENT. It is intended by the parties to this Agreement that AMENT's services in connection with the project anticipated herein shall not subject AMENT's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then AMENT and the CLIENT agree to submit the dispute to mediation. In the event AMENT or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by AMENT and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and AMENT may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) AMENT may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve AMENT of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of Page 216 of 284 business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and AMENT and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT By. Printed Name- Title- Date - APPROVED FOR AMENT DESIGN By: Printed Name: Michael G. Dryden, P.E. Title: Secretary/Treasurer Date: Page 217 of 284 ATTACHMENT A Scope of Services Project Understanding At the request of the staff of the Traffic Operations Department of the City of Waterloo, Ament Design has performed a study of the Greenhill Road / Progress Avenue intersection. The purpose of this study was to a) evaluate the intersection for level of service (LOS) and capacity under existing conditions and with an exclusive left -turn lane provided on the Greenhill Road (mainline) approaches, b) determine storage length requirements for these potential exclusive left -turn lanes, and c) determine project quantities and develop a construction cost opinion for adding exclusive left -turn lanes on Greenhill Road and adding a permanent traffic signal installation at this intersection. Traffic control for the intersection is currently provided by a temporary span wire traffic signal installation. Greenhill Road, the mainline roadway, is classified as a minor arterial. It is a 4 -lane, undivided, 53' -wide back-to- back (B -B), portland cement concrete (PCC), urban roadway having a posted speed limit of 45 miles per hour (mph). Roadway drainage is provided via a storm sewer system. Progress Avenue, the side street, is classified as a local road. The north leg of Progress Avenue is a 2 -lane, 31' - wide B -B, urban roadway having a posted speed limit of 25 mph. The return of the north leg is PCC pavement. Beyond the intersection return, the roadway is PCC with a hot -mix asphalt (HMA) overlay. Roadway drainage is provided via a storm sewer system also. The north leg of Progress Avenue — between Greenhill Road and University Avenue (approximately 2,100 feet to the north) — has a truck restriction. No Trucks symbol signs are posted just north of Greenhill Road for northbound traffic and just south of University Avenue for southbound traffic. The south leg of Progress Avenue is only about 80 feet long — between the south edge of Greenhill Road and the north edge of Sager Avenue, a local street that parallels Greenhill Road. This south leg is a PCC pavement and is 50' -wide B -B — at a point. It provides a shared left -through lane and an exclusive right -turn lane for northbound traffic at Greenhill Road. At Sager Avenue, there is sufficient width for an exclusive left -turn lane and an exclusive right -turn lane for southbound traffic, although this approach is not marked as such. This intersection is located within a 450' -long, sag vertical curve along Greenhill Road with the low point located approximately 100 feet west of the centerline of Progress Avenue. The tangent grade on the west leg of Greenhill Road is -2.45%. The tangent grade on the east leg of Greenhill Road is +1.55%. A 900' -long, crest vertical curve is located to the east of the intersection with the high point located approximately 416 feet east of the centerline of Progress Avenue. The north leg of Progress Avenue is relatively flat, having an approach grade of between 1-2% as it approaches Greenhill Road. The south leg of Progress Avenue is steeper, having an approach grade of between 4-5% as it approaches Greenhill Road. A 10 -wide, PCC shared -use path / trail (Cedar Prairie Trail) is located along the north side of Greenhill Road on both sides of the Progress Avenue intersection. A 4' -wide sidewalk is located along the south side of Sager Avenue on both sides of the Progress Avenue intersection. These are the only pedestrian facilities that are provided near the intersection. The south edge of the Cedar Prairie Trail is located twelve (12) feet from the north back of curb of Greenhill Road. The nearest intersections to the study intersection, along Greenhill Road, are the Sager Avenue / Greenhill Circle intersection, located approximately 1,277 feet to the west, and Tunis Circle, a private street located approximately 560 feet to the east. The Sager Avenue / Greenhill Circle intersection is a 4 -legged intersection with stop sign control for the two north -south side streets — Sager Avenue to the south and Greenhill Circle to the north. The Tunis Circle intersection is a T -intersection to the north with no stop sign. The nearest signalized intersections to the study intersection, along Greenhill Road, are Cedar Heights Drive, located approximately 2,460 feet to the west, and Katoski Drive, located approximately 1,570 feet to the east. The Cedar Heights Drive intersection is a 4 -legged intersection. The Katoski Drive intersection is a T -intersection to the south. Ament Design developed anticipated project quantities and an opinion of anticipated construction cost for two (2) different alternatives for widening Greenhill Road to accommodate the addition of an exclusive left -turn lane on both the east and west approaches of Greenhill Road. These two (2) alternatives are described as follows: Page 1 of 10 Page 218 of 284 Alternate 1: Use a 50 -mph design speed for Greenhill Road. Provide five (5) 11' -wide lanes on Greenhill Road with a 4' -wide painted median to separate opposing traffic, while maintaining the 2.5' -wide curb -and -gutter sections with 6" -high sloped curb that are provided along the outside edge of the current 53' -wide, 4 -lane, high-speed Greenhill Road facility. This results in a pavement section that is 64 feet wide B -B and which requires a total of eleven (11) feet of pavement widening, assumed to be 5.5 feet on both the north and south sides of Greenhill Road. Provide a 150' -long exclusive left -turn lane on both the east and west approach of Greenhill Road along with a 10:1 taper for entering into the turn lane. Use 50:1 tapers for shifting the through travel lanes 5.5 feet away from the mainline centerline upstream from the added left -turn lane and then toward the centerline downstream from the intersection. These design criteria result in a minimum of 535 lineal feet of pavement widening on the approach side of each mainline leg — measured from the proposed stop line location — and a minimum of 425 lineal feet of pavement widening on the departure side of each mainline leg — again, measured from the proposed stop line location for that leg. To be conservative in the development anticipated project quantities and a construction cost opinion for this alternative, it is assumed that the relative distance between the Greenhill Road pavement and the south edge of the existing Cedar Prairie Trail will be maintained at twelve (12) feet. This will require that a significant length of the trail be removed and reconstructed to accommodate the proposed mainline widening. The trail removal / reconstruction section would begin and end where the mainline pavement widening begins and ends. By doing this, the buffer zone between the trail and the high-speed mainline roadway is maintained and the amount of space for snow storage for the widened roadway facility is also maintained. Maintaining the 12' -wide buffer zone is important, since the Greenhill Road facility has sloped curbs, which do not redirect vehicles leaving the roadway as well as standard curb would. Construct retaining walls along both the north and south sides of Greenhill Road — east and west of the Progress Avenue intersection — to reduce the construction "footprint" caused by the pavement widening / trail realignment. Replace the temporary span wire traffic signal installation with a permanent traffic signal installation using combination traffic signal poles with mast arms a luminaire arms. Alternate 2: Use the same 50 -mph design speed for Greenhill Road. Provide five (5) 12' -wide lanes on Greenhill Road with a 3' -wide B -B raised median to separate opposing traffic. Maintain the 2.5' -wide curb -and -gutter sections with 6" - high sloped curb that are provided along the outside edge of the current 53' -wide, 4 -lane, high-speed Greenhill Road facility and provide 2.5' -wide curb -and -gutter sections with 6" -high sloped curb along the raised median. This results in a pavement section that is 73 feet wide B -B and which requires a total of twenty (20) feet of pavement widening, assumed to be ten (10) feet on both the north and south sides of Greenhill Road. Provide the same 150' -long exclusive left -turn lane on both the east and west approach of Greenhill Road along with a 10:1 taper for entering into the wider turn lane (12 feet vs. 11 feet). Use the same 50:1 tapers for shifting the through travel lanes ten (10) feet away from the mainline centerline upstream from the added left -turn lane and then toward the centerline downstream from the intersection. These design criteria result in a minimum of 770 lineal feet of pavement widening on the approach side of each mainline leg — measured from the proposed stop line location — and a minimum of 650 lineal feet of pavement widening on the departure side of each mainline leg — again, measured from the proposed stop line location for that leg. To be conservative in the development anticipated project quantities and a construction cost opinion for this alternative, it is also assumed that the relative distance between the Greenhill Road pavement and the south edge of the existing trail will be maintained at twelve (12) feet. This will require that an even greater length of the Cedar Prairie Trail to be removed and reconstructed to accommodate the proposed mainline widening. As before, the trail removal / reconstruction section would begin and end where the mainline pavement widening begins and ends. This is done for the same reasons as stated under Alternative 1. Construct longer and higher retaining walls along both the north and south sides of Greenhill Road — east and west of the Progress Avenue intersection — to reduce the construction "footprint" caused by the pavement widening / trail realignment. Page 2 of 10 Page 219 of 284 Replace the same temporary span wire traffic signal installation with a permanent traffic signal installation using combination traffic signal poles with mast arms a luminaire arms. The Engineer's Opinion of Anticipated Construction Cost for Alternative 1 is approximately $990,000. The Engineer's Opinion of Anticipated Construction Cost for Alternative 2 is approximately $1,490,000. Both cost opinions include a 20% contingency amount to cover unanticipated construction expenses. The acquisition of additional right-of-way is not anticipated for Alternative 1. For Alternative 2, a small triangle of additional right-of-way may be needed in the northeast quadrant of the study intersection. This agreement is based upon the development of Alternative 1, with an additional contingency amount identified for the development of Alternative 2, if it is selected by the City as the preferred alternative during Project development. Major Project Tasks • Project Management • Research and Data Collection • Control, Boundary, Utility, Drainage, Topographic, and Pick-up Surveys • Engineering Design; Plans, Specifications, and Construction Cost Opinion Development; and Special Provisions, if Needed • Right-of-way Acquisitions (for Alternative 2) (contingency item) • Contractor Procurement Activities Page 3 of 10 Page 220 of 284 Scope of Services The scope of services to be performed by Ament Design shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform the tasks listed below. The Project involves: Project management; utility coordination; research and data collection including design surveys; conceptual and preliminary design for pavement widening and for storm sewer, sidewalk and trail modifications; conceptual, preliminary, check, and final design for traffic signal improvements; preparation of contract documents (plans, specifications, cost opinions); preparation of right-of-way acquisition plats, if needed; and assistance with contractor procurement for traffic signal improvements. The following provides a description of the tasks to be performed and identification of the proposed work. I. Project Management A. Project Team Kick -Off Meeting — This meeting shall include members of the Project Team (Ament Design, some, but not all, of Ament Design's Consultants, and City of Waterloo). The goal of the meeting is to define and clarify the City of Waterloo's requirements for the Project, select either Alternate No. 1 or Alternate No. 2, to obtain available data, to develop a detailed Project plan regarding data delivery and format, and to discuss and clarify key Project issues. B. Project Administration — This task involves tracking the Project design schedule throughout the length of the design services phase, monitoring the Project Scope of Work and reviewing the Quality Control Plan. • Monitoring Schedule: If the Project is not on schedule, Ament Design will present an approach for bringing the Project back on schedule. • Monitor Project Scope: This will be done to identify needed services that are not included in the scope of the design services contract. Ament Design will make the City of Waterloo representative aware of potential change orders to the design contract before the additional services are performed. • Quality Control Plan — This task involves establishment of review and checking procedures for Project deliverables. The Ament Design will designate responsibility for implementation of the plan. C. Project Design Review Meetings — This task involves attendance by Ament Design at Project design review meetings with representatives of the City of Waterloo with participation by Ament Design's Consultants on an "as needed" basis. Up to three (3) meetings are anticipated. Ament Design will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. The purpose of these review meetings will be to: 1. present design issues, 2. request that additional information be provided by the City of Waterloo and/or obtain clarification of information that has been provided by the City of Waterloo, 3. identify issues that have developed during Project design, options to address these issues, advantages and disadvantages of these options, and the option that Ament Design recommends, 4. update the Project schedule, discuss Project progress, and notify the City of Waterloo whether or not the Project is on schedule, 5. present an approach for bringing the Project back on schedule if it is behind schedule, and 6. inform the City of Waterloo of needed design services not included in the scope of the design services contract. D. Coordination with Utilities and Other Affected Entities — This task is intended to provide for the necessary coordination with other users of the Project corridor — primarily franchise and public utilities. Ongoing input and related design consideration shall be included in the development of the design plans. This task includes: 1. Attendance at a Joint Utility Coordination Meeting with the City of Waterloo and affected utilities at the beginning of the Project during the Data Collection Phase and after the submittal of each phase of the Project (Preliminary, Check and Final Plan Stages); 2. Preliminary, check, and final plan submittals to utility companies for review of design impacts; 3. On-site field reviews, as needed; and 4. Determination of right-of-way and easement requirements to accommodate utility facilities. Page 4 of 10 Page 221 of 284 II. Research and Data Collection A. Research and Data Collection 1. Aerial Photography and Topography — This item includes the collection of digital mapping of aerial photography and topography and available GIS -based data comprising the best available information for the Project area. This information will be obtained from the City of Waterloo. 2. Record Drawing Research — The purpose of this item is to research and collect the record drawings available for the improvements affecting the Project area or those directly affected by the Project design. This shall include both public and private improvement record drawings. This task includes obtaining record drawings for the existing intersection of Greenhill Road and Progress Avenue intersection and the existing signal interconnection system located within the Project corridor. This includes information on traffic signal equipment, layout, wiring, phasing, timing, etc. 3. Encroachment Research — This item includes performing research related to approved easement and right-of-way encroachments of the Project corridor. This information will relate directly to Project schedule and, possibly, Project cost. 4. Utility Research — This item includes research with the franchise utilities (gas, electric, telephone, cable television, fiber optic, etc.), and public utilities (sanitary sewer; storm sewer; and water main) for information within the Project area regarding transmission and distribution lines and service laterals. This includes information related to existing facilities and facilities planned for construction during the design life of the proposed improvements. 5. Hydrology/Hydraulics — This item is intended to include the collection of information related to the hydrology and hydraulics of the surface water within the Project corridor. This includes information related to existing detention, hydraulics of significant structures, and other pertinent information related to the hydrology and hydraulics of the watershed. 6. Horizontal Control Surveys — This item includes establishing horizontal control referenced to Iowa State Plane Coordinates, North Zone, as determined from the Iowa RTN. 7. Vertical Control Survey — This item includes establishing vertical control referenced to 1988 NGVD through GPS observation (accuracy ± 0.10 feet) on one (1) point, with corridor benchmarks to be run using digital level closed level loop with second -order, Class 1 NGS accuracy. 8. Reference Ties — This item includes the acquisition and documentation of reference ties for the horizontal control points for use in the recovery of these control points. Each temporary horizontal control point sketch will be recorded in the design plans. These sketches will include the X, Y values, monument description, monument name, and a sketch showing ties to at least three (3) natural or manmade objects. The X, Y, Z values of the vertical control points will be recorded in the design plans also. 9. Property Surveys — This item includes research for existing plats and survey records to determine property ownership adjacent to the rights of way of the Project corridor, field survey for monuments to determine rights of way lines, and calculations to delineate adjacent property lines and existing right of way lines. 10. Utility Surveys - This item includes the use of a standard Iowa One Call Design Locate Request resulting in SUE Level C locations. Should it be determined that SUE Level B or A locations are required, this service can be provided as a contract amendment. 11. Topographic Surveys — This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project to supplement the survey data or mapping information already collected by the City of Waterloo or others within the Project corridor in recent years. The information to be collected includes topography and visible permanent improvements and features. Page 5 of 10 Page 222 of 284 12. Conceptual Design — Prepare a conceptual horizontal and vertical design of the proposed improvements for Greenhill Road and Progress Avenue, as well as proposed pedestrian facilities. This Conceptual Design will include development of conceptual typical sections and traffic striping plan. III. Preliminary Design Plans The Project will be designed utilizing the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2015, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions and/or Iowa Statewide Urban Design and Specifications (SUDAS) standard specification and City of Waterloo Standard Specifications for Traffic Signalization. A. Design Services — This task includes the drafting and design tasks necessary to perform the determination of the location and dimensions of the proposed facilities. 1. Preparation of Base Information — This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data and geotechnical and environmental information to prepare Project drawings. This task shall also include the preparation of a triangulated irregular network for the use in development of the Project design. The plan drawings will be prepared to a scale of 1" = 20' (for 11" x 17" half-size sheets) using standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the City of Waterloo as a background. typical cross section(s) for the Project roadway(s) indicating the type, width, and thickness of pavement and subbasc, cro-c slops, dctails of shoulders and joints, and dctails of curbs and sidewalk, if proposed. circular curvc data; thc locations of thc vcrtical VPI's, VPC's, and VPT's; and thc vcrtical parabolic curvc data. �. Hydrology and Hydraulic Calculations This task includes the preparation of detailed hydrology calculations to be used in the design of the storm water management facilities proposed for the Project. necessary, shall be utilized. This task also includes the performance of calculations needed to properly size storm sewer and culverts, if any, proposed as part of the Project. 5. Preliminary Storm Sewer and Subdrains This task includes the determination of the necessary type, outlets. 6. Relocation of Existing Private Utilities This task includes thc determination of thc right of way and/or ascmcnt needs to accommodatc required relocations of thc cxisting private utilities within thc roadway the roadway and right of way design. horizontal and vcrtical gcomctry for thc proposed intersections within thc roadway corridor(s). Details will include station locations; centerline angles; locations and dimensions of radii and radius cnd points and intermediate points; taper points and taper rates; flares; curb drops; cro:,swalk locations; non-standard 8. Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics This task includes the determination of the preliminary horizontal and vertical geometry for: a. thc cxisting sidewalks, shared u=c paths, and pedestrian ramps within the roadway corridor that will be impacted by roadway construction, and b. the proposed sidewalks, shared use paths, and pedestrian ramps within the roadway corridor that will be needed to accommodate Americans with Disabilities Act (ADA) requirements for the roadway Page 6 of 10 Page 223 of 284 construction, i.e., new pedestrian ramps for receiving non vehicular traffic from existing pedestrian ramps in othcr intcrscction quadrants. Dctails will includc station locations and offscts and gradcs and spot cicvations for non typical sidcwalk locations at intersections. pavement marking and signing plan according to the requirements of the City of Waterloo and according 10. Traffic Signal System Design / Modifications — This task includes the design and preparation of detailed plans for: a. Removing the existing, temporary span wire traffic signal installation at the Project intersection; and b. Installing a permanent, fully -actuated traffic signal installation at the Project intersection. Plans will include traffic signal layout; a wiring diagram; signal phasing with a phase sequence diagram and signal timings for isolated signal operation; sign and signal head types and dimensions; loop detector (and/or video or wireless or microwave vehicle detection zone), handhole, and base locations; intersection monitoring system information; written or graphical depiction of mast arm loadings; and a summary of anticipated traffic signal quantities. The City of Waterloo will provide Ament Design with information regarding existing traffic signal equipment and phasing and timing information. The City of Waterloo will also input the new traffic signal timing information into the existing or upgraded traffic signal equipment when recommended. 11. Budget Review (Preliminary Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of a quantity take -off and the application of unit prices reasonable for the scope, schedule, and anticipated job site conditions. The revised total Project expenditures shall be reviewed and compared to the original Project budget. A discussion of the adequacy of the existing budget shall be made. If the budget is not adequate for some reason, options shall be evaluated and a recommendation shall be made to address the budget issue. 12. Quality Review — This task includes a field review by the design team, regarding the quality of the design developed to date. Issues such as property owner concerns; coordination with utilities, and other agencies; and the maintenance aspects of the facilities shall be considered while making this review. Input from a contractor may be included when appropriate. The accuracy and completeness of the documents shall also be scrutinized to minimize the need for modifications to the design. Any necessary modifications shall be included in the documents following the quality review by the designer and prior to continuing to the next step. 13. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the City of Waterloo. For the preliminary design review meeting, preliminary design plans will be prepared to approximately 60% development of the Project design. The preliminary plans will include: • Title sheet • Prcliminary typical cross scctions • Preliminary horizontal and vertical roadway alignmcnts • Preliminary location / layout of new storm sewer and subdrain clement, • Preliminary layout for permanent traffic signal installation 14. Field Reconnaissance — This task includes a field reconnaissance / field check with City of Waterloo staff after the initial preliminary design plan set is submitted to the City of Waterloo. Page 7 of 10 Page 224 of 284 IV. Check Plans and Final Plans for the Traffic Signal Plans A. Check Plans and Draft Project Manual — This item includes the addition of information to the Preliminary Plans, the incorporation of the Preliminary Plan review comments to more fully develop the contract documents, and the development of a draft Project Manual for the Traffic Signal Project, including front end documents and specifications/special provisions. 1. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings to provide for more detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Project specifications or special provisions. 2. Develop Special Details — This item includes the design and drafting of special Project details. Standard details shall be included by reference only. 3. Develop Special Provisions — This task includes the development of Special Provisions, if necessary, to supplement the Standard Specifications. 4. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 5. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -offs developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total Project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 6. Check Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check Plans; Draft Project Manual; and Updated Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. B. Final Plans and Project Manual — This item includes the modification of the Check Plans and Project Manual to incorporate the Check Plan review comments and to finalize the documents. 1. Refine Special Provisions — This task includes the refinement of the Special Provisions, if necessary, to supplement the Standard Specifications. 2. Quality Review by the Designer — This task includes a detailed review of the information included in the drawings and in the Special Provisions. Any discrepancies discovered shall be resolved prior to continuing to the next step. 3. Budget Review (Final Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -off developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total Project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 4. Assist with Development of Project Schedule — Ament Design will provide input to City of Waterloo to assist with determination of anticipated length of Project construction schedule, intermediate (milestone) completion dates, etc., if necessary. 5. Final Plan Submittal — This item includes the submittal of the appropriate number of copies of the Final Plans; Final Project Manual; and Final Engineer's Opinion of Anticipated Construction Cost to the City of Waterloo. The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title Sheet • General Notes and Legend Sheet • Quantities and Tabulations Sheet(s) including Coordinate Geometry for Roadway(s) Page 8 of 10 Page 225 of 284 • Reference Ties and Bench Marks Sheet(s) • Right-of-way and Easement Sheet(s), if Needed • Intersection Geometry Sheet(s) • Temporary Traffic Signal System Removal Sheets • Permanent Traffic Signal System Installation / Modifications Sheets • Pedestrian Ramp Geometry Sheet(s) • Removals Sheet(s) V. Contractor Procurement A. Bid Period Activities 1. Answer Questions from Contractors — After submittal of Final Plans to the City of Waterloo, clarification of items in question will be provided to assist the City of Waterloo in answering questions from Contractors and any addenda that are necessary. 2. VI. Deliverables A. Ament Design Deliverables 1. Minutes of Project review meetings to meeting attendees. 2. Monthly progress reports (submitted with Project invoices) to City of Waterloo. 3. List of property owners abutting the Project corridor(s) with contact information (mailing address, phone number, mobile phone number, facsimile number, e-mail address, etc. to City of Waterloo. 4. Survey notification letter sent to individual property owners along the Project corridor(s) to City of Waterloo. 5. One (1) set of plan sheets depicting proposed right-of-way, permanent easement, and temporary construction easement boundaries and an electronic file in DGN or DWG format containing these elements to City of Waterloo, if needed. 6. Preliminary Plans: One (1) set of preliminary plans, submitted in 11"x17" (half-size) format as an electronic PDF file, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, along with accompanying transmittal letter, shall be submitted to City of Waterloo. 7. Check Plans: One (1) set of check plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of draft Special Provisions, if needed, submitted as an electronic PDF file; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo. 8. Final Plans: One (1) set of reproducible final plans, submitted in 11"x17" (half-size) format as an electronic PDF file; one (1) set of final Special Provisions, if needed submitted as an electronic PDF file; one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to City of Waterloo; and the required number of plan set title sheets and special provision certification pages with certification seals, dates, and original signatures of the certifying Ament Design. 9. One (1) copy of survey field notes including utility structure inspection reports to City of Waterloo. 10. CD or DVD of Project drawings as AutoCAD® files. Electronic files of PROJECT base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features. Page 9 of 10 Page 226 of 284 VII. CITY OF WATERLOO'S RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE CITY OF WATERLOO: The City of Waterloo shall provide the following material and information related to the Project: A. Electronic files of City of Waterloo's Traffic Operations Department's Standard Specifications for Traffic Signalization, if required by the City of Waterloo. B. Information pertaining to the horizontal and vertical control for the Project, if available. C. Latest aerial photography for the Project area. D. Latest aerial topographic mapping for the Project, if available. E. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, miscellaneous utility records (as available), and record drawings for adjacent improvements. F. Information on sections of existing water main and/or sanitary sewer piping to replace within Project corridor or sections of new water main and/or sanitary sewer piping to construct within Project corridor including proposed pipe sizes. [Design of any new water main and/or sanitary sewer piping to construct within Project corridor is a Contingency task.] G. Site plans for adjacent properties. H. Contractor bid prices from recent similar projects let by the City of Waterloo. Permit applications that are only available from the City of Waterloo that are necessary to commence with the construction of the proposed improvements. J. Proposed pipe sizing for new water mains and sanitary sewer crossings, if included in Project design. TASKS TO BE PERFORMED BY THE CITY OF WATERLOO: The City of Waterloo shall perform the following tasks related to the Project: A. Attend kick-off meeting, design review meetings, and joint utility coordination meetings. B. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment. Page 10 of 10 Page 227 of 284 This is ATTACHMENT B, consisting of one (1) page(s), referred to in the agreement between the City of Waterloo & Ament Design, effective April 9, 2018 PROJECT SCHEDULE AND FEE The scope of Services shall be completed in accordance with the following schedule unless modified by mutual agreement or by factors beyond the control of the Consultant: Contract Approval April 9, 2018 Kick-off Meeting April 12, 2018 Survey and Field Data May 7, 2018 Data Collection May 7, 2018 Base Mapping May 18, 2018 Preliminary Plan Submittal August 3, 2018 Return Preliminary Plan Comments August 10, 2018 Project Walk-through August 17, 2018 Check Plan Submittal September 28, 2018 Return Check Plan Comments October 5, 2018 Final Plan Submittal October 26, 2018 Bid Letting Date Mid -January 2019 Construction Beginning Spring 2019 Page 1 of 2 Page 228 of 284 The Project fee is broken down as follows: LABOR Technician Land Surveying/Engineering Admin Classification T1 T2 Intern Eng Senior Mgr Admin TOTAL TOTAL Hourly Rate $70 $90 $100 $125 $150 $165 $75 HRS LABOR Surveys and Base Mapping 0 6 70 2 3 2 1 84 $8,645 Design and Project Manual 9 0 78 0 34 0 0 121 $13,530 Traffic Signal Design 0 0 56 0 48 0 0 104 $12,800 Utility Coordination 0 0 2 0 0.5 0 0 2.5 $275 Permitting 0 0 0 0 0 0 0 0 $0 Project Management 0 0 0 0 9 0 9 18 $2,025 Meetings & Field Reviews 0 0 4 0 5 0 0 9 $1,150 Total 9 6 210 2 99.5 2 10 338.5 $38,425 Expenses Total Fee $1,575 $40,000 Page 2 of 2 Page 229 of 284 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Ament Design of Cedar Rapids, Iowa in the amount of $36,907.20, in conjunction with the Ansborough Avenue pavement widening from Black Hawk Road north 0.1 miles to Downing Avenue, IDOT Project Number STP -A-8155(757)-86-07, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 4/11/2018 - 11:12 AM ATTACHMENTS: Description Type a ansborough contract Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving a Professional Services Agreement with Ament Design of Cedar Rapids, Iowa in the amount of $36,907.20, in conjunction with the Ansborough Avenue pavement widening from Black Hawk Road north 0.1 miles to Downing Avenue, IDOT Project Number STP -A-8155(757)-86-07, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director Approve Resolution The objective or use to improve traffic progression and reduce vehicle delays and vehicle emissions along Ansborough Avenue within the Project corridor. This will be accomplished by eliminating split signal phasing for northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection. This will require widening the east side of the south leg of Ansborough Avenue between the Downing Avenue and Black Hawk Road intersections. This widening will allow for the provision of an exclusive left - turn lane at the Downing Avenue intersection making it possible to eliminate the split phasing for good signal coordination without increasing the left turn crash risk. $36,907.20 ICAAP grant - 80% - $30,756.00 GO Bond - 20% - $6,151.20 - 417-17-7161-2125 Strategy 3.4 - Identify and implement proven cost and resource saving measures. Strategy 2.2 - enlist all City departments and staff members in efforts to promote a safer community. Page 230 of 284 Background Information: Split phasing will be eliminated for northbound and southbound Ansborough Avenue. Page 231 of 284 Contract No. [XXXXX] Owner Project No. TOF-284 Iowa DOT Project No. STP -A-8155(757)--86-07 Standard Consultant Contract For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, Iowa, the Owner, located at: 715 Mulberry Street City Hall Waterloo, Iowa 50703 Phone: (319) 291-4440 FAX: (319) 291-4094 and Ament, Inc. (dba Ament Design), the Consultant, located at: 625 32nd Avenue SW Cedar Rapids, Iowa 52404 Phone: (319) 378-1401 FAX: (319) 378-1975 For the following Project: Ansborough Avenue Improvements, Ansborough Avenue from Black Hawk Road north 0.1 Miles to Downing Avenue, PCC Pavement Widening The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide surveys (topographic and property), engineering and construction engineering services to assist with the development and completion of the Project. The Consultant is willing to perform these services in accordance with the terms of this Agreement. Page 1 of 30 Page 232 of 284 TABLE OF CONTENTS Article Number and Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 1.5 Minimum Qualification Standards 2 Entire Agreement, Required Guidance and Applicable Law 2.1 Entire Agreement of the Parties 2.2 Required Guidance 2.3 Applicable Law 3 Form of Compensation 3.1 Method of Reimbursement for the Consultant 3.2 Subconsultant's Responsibilities for Reimbursement 4 Terms and Conditions 4.1 Ownership of Engineering Documents 4.2 Subconsultant Contract Provisions and Flow Down 4.3 Consultant's Endorsement on Plans 4.4 Progress Meetings 4.5 Additional Documents 4.6 Revision of Work Product 4.7 Extra Work 4.8 Extension of Time 4.9 Responsibility for Claims and Liability 4.10 Current and Former Agency Employees (Conflicts of Interest) 4.11 Suspension of Work 4.12 Termination of Agreement 4.13 Right to Set-off 4.14 Assignment or Transfer 4.15 Access to Records 4.16 Iowa DOT and FHWA Participation 4.17 Nondiscrimination Requirements 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.19 Severability Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 — Cost Analysis Worksheet Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of Owner Attachment G - Sample Invoice Form Attachment H - Consultant Fee Proposal Page 2 of 30 Page 233 of 284 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: to improve traffic progression and reduce vehicle delays and vehicle emissions along Ansborough Avenue within the Project corridor. This will be accomplished by eliminating split signal phasing for northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection. This will require widening the east side of the south leg of Ansborough Avenue between the Downing Avenue and Black Hawk Road intersections. This widening will allow for the provision of a five -lane section on Ansborough Avenue south of Downing Avenue to match and align with the five -lane section that currently exists north of the intersection. This widening will allow for the provision of 1) an exclusive left -turn lane for both northbound and southbound Ansborough Avenue traffic at the Downing Avenue intersection, and 2) a continuous, two-way, center left -turn lane along a portion of Ansborough Avenue between the Downing Avenue and Black Hawk Road intersections. 1.2 Financial Parameters 1.2.1 Amount of the Owner's budget for the Consultant's compensation is: Thirty thousand seven hundred forty-six dollars and no cents ($30,746.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Zero 1.3 Project Team 1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mohammad Elahi, Traffic Engineer, City Traffic Operations Department. The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Michael G. Dryden, P.E. 1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant None 1.4 Time Parameters Amount Authorized Maximum Amount Payable Method of Payment 1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Milestones for completion of the work under this Agreement as follows: 1. Preliminary design plans including type/size/location for all structures (preliminary design) and detail elements for a design public hearing and construction right-of-way needs shall be completed and accepted on or before August 14, 2018. 2. Final design, contract plans, and specifications and estimates shall be completed and in a form acceptable to the Owner on or before November 20, 2018. 3. Completion of all work under this agreement shall be on or before February 26, 2019 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Owner will provide the Consultant notice to proceed with final design activities. Page 3 of 30 Page 234 of 284 1.5 Minimum Qualification Standards (MQS) 1.5.1 The Consultant and their subconsultants are required to meet the Minimum Qualifications Standards (MQS) requirements of specified work categories as defined in the Iowa DOT's Policy and Procedure Manual (PPM), Policy No. 300.04, at the time of contract execution, and for the duration of the contract. Work under this contract will require the consultant team to meet the requirements of Work Category Traffic Operations Design. Failure to meet the requirements during the contract will result in cancellation of any remaining portion of the contract. 1.5.2 All services within this agreement shall be performed by the Consultant or subconsultant who meets the MQS of the specified work categories as defined Iowa DOT PPM 300.04. If no work category exists for a particular service, normal methods of acceptance shall be used, such as experience, typical licensure, certification or registration, or seals of approval by others. ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW 2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and integrated agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. 2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work performed under this Agreement. ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement for the Consultant. 3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following compensation methods, as defined in Attachment C: . 1 [ ] Cost Plus Fixed Fee - Attachment C .2 [ ] Lump Sum - Attachment C . 3 [X] Specific Rate of Compensation - Attachment C .4 [ ] Unit Price - Attachment C .5 [ ] Fixed Overhead Rate - Attachment C 3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant shall be defined within the subconsultant contract to the Consultant. 3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their Page 4 of 30 Page 235 of 284 estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant or other subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given prior written approval. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Subconsultant Contract Provisions and Flow Down 4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions required of Consultant in this Agreement. The only recognized exception to this requirement is under provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant. 4.2.2 The Consultant may not restrict communications between the Owner and any of the subconsultants. The Consultant will encourage open communication among the Owner, the Consultant and the subconsultants. 4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the completed project deliverables prepared under this Agreement and shall affix thereto the seal of a professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance with the current Code of Iowa and Iowa Administrative Code. 4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. Page 5 of 30 Page 236 of 284 4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish sufficient documents, or other data, in such detail as may be required for the purpose of review. 4.6 Revision of Work Product 4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work." Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work." 4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay to the project schedule. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. 4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Consultant shall promptly develop a scope and budget for the extra work and submit it to the Contract Administrator. The Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall not proceed with "Extra Work" without prior written approval from the Owner and concurrence from the Iowa DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the Owner shall have benefit of the service rendered. 4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays beyond the reasonable control of the Consultant. 4.9 Responsibility for Claims and Liability 4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT, their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs, demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence, negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers, subcontractors or subconsultants, in connection with this Agreement. 4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such other insurance required by law will be provided to the Owner at the time the contract is executed and upon each insurance coverage renewal. Page 6 of 30 Page 237 of 284 4.10 Current and Former Agency Employees (Conflicts of Interest) The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban outlined in Iowa Code section 686.7. Similarly, the Consultant shall not engage the services of current or former FHWA employee without prior written consent of the FHWA, and the relationship meets the same requirements for State and local agency employees set forth in the above - referenced Iowa Code sections and the applicable Federal laws, regulations, and policies. 4.11 Suspension of Work under this Agreement 4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with the applicable provisions in Article 4.12.2 or Article 4.12.3 below. 4.11.2 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the contract. 4.12 Termination of Agreement 4.12.1 The right is reserved by the Owner to terminate this Agreement at any time and for any reason upon not less than thirty (30) days written notice to the Consultant. 4.12.2 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Maximum Amount Payable. 4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.12.4 This Agreement will be considered completed when the scope of the project has progressed sufficiently to make it clear that the project close-out can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.13 Right to Set-off. If the Consultant owes the Owner any sum under the terms of this Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to utilize any right of set-off. Page 7 of 30 Page 238 of 284 4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its interest in this Agreement, unless written consent is obtained from the Contract Administrator and concurrence is received from the Iowa DOT and FHWA, if applicable. 4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final closure of the Federal -aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to participate in the conferences between the Consultant and the Owner, and to participate in the review or examination of the work in progress as well as any final deliverable. 4.17 Nondiscrimination Requirements. 4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the Code of Iowa, Chapter 216. The Consultant will not discriminate on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in its employment practices, in the selection and retention of subconsultants, and in its procurement of materials and leases of equipment. 4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. 4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA may determine to be appropriate, including, but not limited to withholding of payments to the Consultant under the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated. 4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard Assurances: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Consultant") agrees as follows: 1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, about the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, Page 8 of 30 Page 239 of 284 or disability. 4. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information the Consultant shall so certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the Iowa Department of Transportation or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 4.18 Compliance with Title 49, Code of Federal Regulations, Part 26 4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than 30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after the subconsultant's work is satisfactorily completed. 4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant is hereby advised that failure to fully comply with the requirements of this Article shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to: 1. withholding monthly progress payments; 2. assessing sanctions; 3. liquidated damages; and / or Page 9 of 30 Page 240 of 284 4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. Ament Design By Date: Michael G. Dryden, P.E. Secretary/Treasurer ATTEST: By Date: City of Waterloo, Iowa By Date: Quentin M. Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name Title * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 10 of 30 Page 241 of 284 ATTACHMENT A Scope of Services It is understood by the Owner and the Consultant that the level and frequency of Progress Reporting shall be mutually established for each project, taking into account the complexity and duration of the work to be performed. For this specific project it is agreed that progress reporting will be provided on a monthly basis. It is understood by the Owner and the Consultant that the task detail associated with the 85% budget notification shall be mutually established for each project in relation to the complexity and duration of the work to be performed. For this specific project it is agreed that all work contemplated in the agreement will be considered as one task(s). It is further agreed that the 85% budget notification requirements will be required for this Agreement based on the volume of work assigned, duration, complexity, and rate of progress anticipated on the project. The Consultant will monitor and review updates to the Iowa DOT's Instructional Memorandums (I.M.$), Road Design Manual, Standard Road Plans, Road Design Details. Updates requiring no additional effort on the part of the Consultant will be incorporated into the work by the Consultant. If the Consultant is of the opinion additional effort will be required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update into the work and indicate how payment for such work will be addressed. Project Identification Widening for the Ansborough Avenue, from Black Hawk Road north 0.1 Miles to Downing Avenue PCC Pavement Widening Project will start at the south end of the project about 550 feet south of the intersection at 0 -foot width and will taper out to 12 feet to allow for a two-way, left -turn lane and five -lane configuration of Ansborough Avenue. If it is found that the widening will significantly adversely affect any of the commercial property's business, then a shortened left -turn lane will be considered. Engineering Design services for this PCC pavement widening are expected to include: Surveying: Survey needed for preparing existing plans and locating existing structures and features and information needed for design of the project. A survey of existing utilities will be performed after a design utility locate has been performed by utility locators. Driveway Modifications: The existing commercial property driveway needs to be modified to match the proposed widened roadway. Curb and Gutter: new curb and gutter needs to be designed to edge the widened roadway portion. Storm Sewer Design: There is a need for a new storm sewer pipe, intake, and catch basins Traffic Control: Traffic control and staging should be such that Ansborough Avenue is open to traffic all the time and the businesses have open access all the time. Signal Modifications: Added lane and new signal phasing will require some new signal heads and 1 new mast arm pole might be required. Sidewalk/ADA Ramps: Where the new widened lane on Ansborough Avenue meets Downing Avenue, sidewalk and ADA pedestrian ramps are needed. Miscellaneous: Items incidental to the Project, as needed, such as erosion control, project management, public information meeting, council presentation, and correspondence with the Iowa DOT, etc. Major Project Tasks • Project Management • Research and Data Collection including: • Control, Boundary, Utility, Drainage, Topographic, and Pick-up Surveys • Engineering Design; Plans, Specifications, and Construction Cost Opinion Development; and Special Provisions, if Needed • Permit Applications • Property Acquisition Documents (Plat and Exhibits with Legal Descriptions) • Contractor Procurement Activities Page 11 of 30 Page 242 of 284 Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. The Project involves: project management; utility coordination; research and data collection including design surveys; public involvement and stakeholder input; conceptual, preliminary, check, and final design including prioritization of proposed improvements; preparation of contract documents (plans, specifications, cost opinions); assistance with permits; and assistance with property acquisitions for the proposed improvement. The following provides a description of the tasks to be performed and identification of the proposed work. I. Project Management A. Project Team Kick -Off Meeting — This meeting shall include members of the Project Team (ENGINEER and OWNER). The goal of the meeting is to define and clarify the OWNER's requirements for the Project, to obtain available data, to develop a detailed project plan regarding data delivery and format, and to discuss and clarify key project issues. B. Track Project Schedule — This task involves tracking the project design schedule throughout the length of the design services phase. This will be done to determine if the performance of the design services is in conformance with the project schedule. If the project is not on schedule, ENGINEER will present an approach for bringing the project back on schedule. C. Monitor Project Scope — This task involves monitoring the project scope throughout the length of the design services phase. This will be done to identify needed services that are not included in the scope of the design services contract. ENGINEER will make the OWNER representative aware of potential change orders to the design contract before the additional services are performed. D. Project Design Review Meetings — This task involves attendance by ENGINEER at project design review meetings with representatives of the OWNER. Up to two (2) meetings are anticipated. ENGINEER will keep, prepare, and distribute minutes of meetings to attendees in a timely manner. The purpose of these review meetings will be to: 1. present design issues, 2. request that additional information be provided by the OWNER and/or obtain clarification of information that has been provided by the OWNER, 3. identify issues that have developed during project design, options to address these issues, advantages and disadvantages of these options, and the option that ENGINEER recommends, 4. update the project schedule, discuss project progress, and notify the OWNER whether or not the project is on schedule, 5. present an approach for bringing the project back on schedule if it is behind schedule, and 6. inform the OWNER of needed design services not included in the scope of the design services contract. E. Quality Review — This task includes a field review by the design team, regarding the quality of the design developed to date. Issues such as property owner concerns; coordination with utilities, railroad companies, and other agencies; and the maintenance aspects of the facilities shall be considered while making this review. Input from a contractor may be included when appropriate. The accuracy and completeness of the documents shall also be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications shall be included in the documents following the quality review by the designer and prior to continuing to the next step. F. Coordination with Utilities and Other Affected Entities — This task is intended to provide for the necessary coordination with other users of the project corridor — primarily franchise and public utilities. Ongoing input and related design consideration shall be included in the development of the design plans. This task includes: 1. Attendance a one (1) Joint Utility Coordination Meetings with the OWNER; 2. Preliminary, check, and final plan submittals to utility companies for review of design impacts; 3. On-site field reviews, as needed; and 4. Determination of right-of-way and easement requirements to accommodate utility facilities. II. Research and Data Collection A. Research and Data Collection Page 12 of 30 Page 243 of 284 1. Aerial Photography and Topography— This item includes the collection of digital mapping of aerial photography and topography and available GIS -based data comprising the best available information for the project area. This information will be obtained from the OWNER. 2. Record Drawing Research — The purpose of this item is to research and collect the record drawings available for the improvements affecting the Project area or those directly affected by the Project design. This shall include both public and private improvement record drawings. This item shall also include the collection of available site plans for properties adjacent to the Project corridor. Proposed driveway entrances and building locations will be reviewed. This task includes obtaining record drawings for the existing traffic signal installations at Ansborough Avenue and Downing Avenue and the existing signal interconnection system. This includes information on traffic signal equipment, layout, wiring, phasing, timing, etc. 3. Utility Research — This item includes research with the franchise utilities (gas, electric, telephone, cable television, fiber optic, etc.), and public utilities (sanitary sewer; storm sewer; and water main) for information within the Project area regarding transmission and distribution lines and service laterals. This includes information related to existing facilities and facilities planned for construction during the design life of the proposed improvements. 4. Photographic / Video Review of Project Corridor(s) — This task includes the preparation of photographs and / or videotape of the project corridor obtained while traveling through the Project area. The purpose of this task is to provide for the efficient review of the corridor during the design process. 5. Topographic Surveys — This item includes the field and office tasks to perform the research and field measurements to provide the necessary topographic information for the Project. a. The information to be collected includes topography and visible permanent improvements and features. Complete the Design Locate process for utilities through the Iowa One Call system. b. Transverse joint locations and first longitudinal joint location west of the existing east curb location. c. Set 3 horizontal control points in the project area, values determined through GPS observation and coordinates based on Iowa Real Time Network. d. Establish a minimum of 3 permanent benchmarks in the project area. e. Field topographic survey corridor to 10 feet beyond west right-of-way line of Ansborough, to building face on east side of Ansborough for 500 feet south of center of intersection of Ansborough Avenue and Downing Avenue. Survey coverage of Downing Avenue from centerline to 10 feet beyond south right-of-way line, plus pedestrian ramp locations, controller cabinet, traffic signal poles, handholes, etc. at all four (4) quadrants of the Ansborough Avenue/Downing Avenue intersection. f. Provide a topographic base map of existing features with 1 -foot contours. III. Preliminary Design Plans The project will be designed utilizing the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. A. Design Services — This task includes the drafting and design tasks necessary to perform the determination of the location and dimensions of the proposed facilities. At the completion of this task, the preparation of acquisition documents and the determination of values of takings may proceed, or the plans may be finalized, if no acquisitions are necessary. 1. Review / Select Design Standards — This task includes the review and selection of the design standards applicable to the development of the project. Coordination with the appropriate utilities or railroad companies is required in order to properly accommodate the facilities impacted by this project. This task includes the development and submittal of a design criteria / design standards / design materials summary document to the OWNER for review and acceptance. Page 13 of 30 Page 244 of 284 2. Prepare Project Concept Statement and Updated Conceptual Layout and Report —This task includes the preparation of a Project Concept Statement and a preliminary report that includes: a summary of proposed design criteria / design standards / design materials; an updated conceptual layout for the project roadways with proposed horizontal alignments; anticipated conceptual layout for the proposed storm sewer system and/or culverts; and an "order -of -magnitude" ENGINEER's Opinion of Anticipated Construction Cost consistent with the initial level of project understanding and development. 3. Preparation of Base Information — This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data for the purpose of preparing project drawings. This task shall also include the preparation of a triangulated irregular network for the use in development of the project design. The plan drawings will be prepared to an appropriate scale (for 11" x 17" half-size sheets) using standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the OWNER as a background. 4. Roadway Typical Cross Sections — This task includes the development of typical cross sections for Project roadway indicating the type, width, and thickness of pavement and subbase, cross slope, details of shoulders and joints, and details of curbs and sidewalk, if proposed. 5. Horizontal and Vertical Alignment — This task includes the development of the horizontal and vertical alignments for the proposed roadway and access drive improvements. This task includes the determination of the locations and coordinates for the horizontal Pi's, PC's, and PT's; the horizontal circular curve data; the locations of the vertical VPI's, VPC's, and VPT's; and the vertical parabolic curve data. 6. Cross Sections — This task includes the development of cross sections and the determination of earthwork quantities utilizing roadway templates based on the roadway typical sections and the horizontal and vertical alignments developed for the project roadway(s) and access drives (and on-site detour roads, if necessary). Driveway and short side road street profiles will be included in the cross sections. Cross sections will be developed at approximately 25 -foot intervals at an appropriate horizontal and vertical scale for 11"x17" (half-size) sheets. 7. Storm Sewer and Subdrains — This task includes the determination of the necessary type, size, and location of storm sewer intakes, manholes, and piping; and subdrain piping, cleanouts, and outlets. 8. Relocation of Existing Private Utilities — This task includes the determination of the right-of-way and/or easement needs to accommodate required relocations of the existing private utilities within the roadway corridor(s), as identified by either the ENGINEER or the utility companies during the development of the roadway and right-of-way design. 9. Intersection and Driveway Geometry — This task includes the determination of the detailed horizontal and vertical geometry for the proposed intersections and access drives within the roadway corridor(s). Details will include station locations; centerline angles; locations and dimensions of radii and radius end points and intermediate points; taper points and taper rates; flares; curb drops; crosswalk locations; non- standard pavement cross slopes; access drive grades; and spot elevations. 10. PCC Pavement Joint Layout — This task includes the determination of the proposed joint layouts for the main line and side road PCC pavements and for the intersections of these roadways. 11. Sidewalk and Pedestrian Ramp Geometrics — This task includes the determination of the detailed horizontal and vertical geometry for: a. the existing sidewalks and pedestrian ramps within the roadway corridor(s) that will be impacted by roadway construction, and b. the proposed sidewalks and pedestrian ramps that will be constructed within the roadway corridor. Details will include station locations and offsets and grades and spot elevations for non -typical sidewalk or shared use path locations, such as depressed sections through driveways, and pedestrian ramp locations at intersections. Page 14 of 30 Page 245 of 284 12. Removals Plan - This task includes the preparation of a plan showing removals required for construction of the Project. Included is pavement, driveway, sidewalk, and utility removals. 13. Grading and Erosion Control Plan — This task includes the development of a grading and erosion control plan for the project. The plan shall identify existing and proposed contours and identify the type, size, and location of proposed erosion control elements referencing DOT standards. 14. Storm Water Pollution Prevention Plan (SWPPP) — This task includes the development of a storm water pollution prevention plan (SWPPP) for the project, if required, as a result of the extents of the Project. 15. Construction Staging Plan and Detour / Traffic Control Plan — This task includes the development of a construction staging plan and a traffic control plan for the project. This task also includes the determination of both on-site and off-site detours needed during project construction. 16. Pavement Marking and Signing Plan — This task includes the development of a pavement marking and signing plan according to the requirements of the OWNER and according to the guidelines contained in the Manual on Uniform Traffic Control Devices (MUTCD) Handbook, latest edition, a manual approved by the Federal Highway Administrator as the National Standard. 17. Traffic Signal System Upgrade — This task includes the design and preparation of detailed plans for: a. upgrading and modifying the existing isolated, fully -actuated traffic signal installation located within the Project corridor, which is required as a result of the proposed roadway widening; and b. upgrading and modifying the traffic signal interconnection and intersection monitoring system for the existing traffic signal installations. Plans will include traffic signal layout; a wiring diagram; signal phasing with a phase sequence diagram; sign and signal head types and dimensions; loop detector (and/or video, radar, or wireless vehicle detection zone), handhole, and base locations; interconnection and intersection monitoring system information; written or graphical depiction of mast arm loadings; and a summary of anticipated traffic signal quantities. The OWNER will provide the ENGINEER with information regarding existing traffic signal equipment and phasing and timing information. The OWNER will also provide and input the new traffic signal timing information into the existing or upgraded traffic signal equipment when recommended. 18. Set Construction Limits — This task includes the definition of the construction limits for the project. The construction limits shall include that area necessary for the construction activities including construction staking. These limits shall coincide with the necessary temporary construction easement limits. 19. Prepare Permit Applications — This task includes the preparation and submittal to the OWNER of permit applications (and required exhibits) necessary to commence with the construction of the proposed improvements. These include, but are not limited to, OWNER (City), County, State, and Federal permits necessary for the Project. The permits that are anticipated are: 1) a National Pollutant Discharge Elimination System (NPDES) General Permit No. 2 from the Iowa Department of Natural Resources, since the area of land disturbed by the proposed Project may exceed one (1) acre. OWNER will be responsible for submittal of permit applications to the permitting agencies and payment of permit fees. This task also includes the preparation of a Public Notice of Storm Water Discharge and submittal of this notice to the OWNER. OWNER will be responsible for submittal of this notice to one (1) local newspapers for publication and payment of publication fees. 20. Budget Review (Preliminary Engineer's Opinion of Anticipated Construction Cost) — This task includes the development of a quantity take -off in accordance with the standard bid items for the Iowa DOT and the application of unit prices reasonable for the scope, schedule, and anticipated job site conditions. The revised total project expenditures shall be reviewed and compared to the original project budget. A discussion of the adequacy of the existing budget shall be made. If the budget is not adequate for some reason, options shall be evaluated and a recommendation shall be made to address the budget issue. 21. Preliminary Plan Submittal — This item includes the submittal of the appropriate number of copies of the Preliminary Plans to the OWNER and to the Iowa DOT. Page 15 of 30 Page 246 of 284 For the preliminary design review meeting, preliminary design plans will be prepared to approximately 60% development of the project design. The preliminary plans will include: • Title sheet • Preliminary typical cross sections • Preliminary horizontal and vertical roadway and driveway alignments • Preliminary horizontal and vertical sidewalk alignments • Preliminary location / layout of new storm sewer and subdrain elements • Preliminary cross sections 22. Field Reconnaissance — This task includes a field reconnaissance / field check with OWNER staff after the initial preliminary design plan set is submitted to the OWNER. IV. Check Plans and Final Plans A. Check Plans and Draft Special Provisions — This item includes the addition of information to the Preliminary Plans, the incorporation of the Preliminary Plan review comments to more fully develop the contract documents, and the development of draft Special Provisions. 1. Addition of Text / Information to Drawings — This task includes the addition of information and text to the drawings in order to provide for more detailed location and dimension information. Information related to quality of workmanship and quality of materials shall be included in the Project specifications or special provisions. 2. Develop Special Details — This item includes the design and drafting of special project details. Standard details shall be included by reference only. 3. Develop Special Provisions — This task includes the development of Special Provisions, if necessary, to supplement the Standard Specifications. 4. Budget Review (Updated Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -offs developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total project budget with the allocated resources shall be made. The need to resolve any discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 5. Bid Items Application — This item includes the input of proposed bid items and project quantities into the Iowa DOT's Bid Items Application program on their website. 6. Check Plan Submittal — This item includes the submittal of the appropriate number of copies of the Check Plans; Draft Special Provisions, if required; and Updated Engineer's Opinion of Anticipated Construction Cost to the OWNER and to the Iowa DOT. B. Final Plans and Special Provisions — This item includes the modification of the Check Plans and Special Provisions, if required, to incorporate the Check Plan review comments and to finalize the documents. 1. Incorporate Permit Requirements — This item includes the incorporation of information in the appropriate location related to the requirements of any applicable permits issued for the project. Location and dimension information shall be placed on the drawings. Quality of workmanship and quality of materials information shall be placed in the Special Provisions. 2. Refine Special Provisions — This task includes the refinement of the Special Provisions, if necessary, to supplement the Standard Specifications. 3. Budget Review (Final Engineer's Opinion of Anticipated Construction Cost) — This item includes a refinement of the previous quantity take -off developed for the standard bid items. Revisions to any unit prices as is appropriate based on additional information shall occur as part of this task. A comparison of the current total project budget with the allocated resources shall be made. The need to resolve any Page 16 of 30 Page 247 of 284 discrepancies shall be evaluated and recommendations to address any budget issues shall be made as part of this task. 4. Assist with Development of Project Schedule — ENGINEER will provide input to OWNER to assist with determination of anticipated length of Project construction schedule, intermediate (milestone) completion dates, etc., if necessary. 5. Bid Items Application — This item includes the refinement of proposed bid items and project quantities into the Iowa DOT's Bid Items Application program on their website. 6. Project Development Certification (PDC) Document — This item includes the preparation of the Project Development Certification (PDC) document and submittal of this document to the OWNER for certification. OWNER will be responsible for submittal of this document to the Iowa DOT. 7. Final Plan Submittal — This item includes the submittal of the appropriate number of copies of the Final Plans; Final Special Provisions, if required; and Final Engineer's Opinion of Anticipated Construction Cost to the OWNER and to the Iowa DOT. The plan sheets that are anticipated for inclusion in the Final Plan set are listed below: • Title Sheet • General Notes and Legend Sheet • Typical Cross Section Sheet(s) • Quantities and Tabulations Sheet(s) including Coordinate Geometry for Roadway(s) • Plan -and -Profile Sheet(s) with Storm Sewer • Reference Ties and Bench Marks Sheet(s) • Construction Staging and Detour / Traffic Control Plan Sheet(s) • Intersection Geometry and Joint Layout Sheet(s) • Traffic Signal System Upgrades / Modifications Sheets • Driveway Geometry and Pedestrian Ramp Geometry Sheet(s) • Removals Sheet(s) • Grading and Erosion Control Plan Sheet(s) • Pavement Markings and Signing Plan Sheet(s) • Special Details Sheet(s) (if needed) • Cross Section Sheet(s) V. Contractor Procurement A. Bid Period Activities 1. Answer Questions from the Iowa DOT — After submittal of Final Plans to the Iowa DOT, clarification of items in question will be provided to assist the Iowa DOT with preparation of the bid documents and any addenda that are necessary. VI. Deliverables A. ENGINEER Deliverables 1 Minutes of project review meetings to meeting attendees. 2. Minutes of individual project review meetings with select property owners / stakeholders to meeting attendees and to OWNER. 3. Monthly progress reports (submitted with project invoices) to OWNER. 4. One (1) copy of each permit application to OWNER. OWNER will be responsible for payment of any required permit application fees. 5. One copy of each Public Notice of Storm Water Discharge for publication by one (1) newspapers to OWNER. OWNER will be responsible for the publication of any required Project notices and associated publication fees. 6. List of objects to be "taken" at each property as a result of Project construction to OWNER. 7. Concept Statement: One (1) copy shall be submitted to OWNER and one (1) copy shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as an electronic (PDF) file submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 8. Updated Conceptual Layout and Preliminary Report: One (1) copy shall be submitted to OWNER. Page 17 of 30 Page 248 of 284 9. Preliminary Plans: Two (2) printed sets of preliminary plans, submitted in 11"x17" (half-size) format, and one (1) preliminary Engineer's Opinion of Anticipated Construction Cost, along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 10. Check Plans: Two (2) printed sets of check plans, submitted in 11"x17" (half-size) format; two (2) printed sets of draft Special Provisions, if needed; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 11. Final Plans: Two (2) printed sets of final plans, submitted in 11"x17" (half-size) format; two (2) printed sets of final Special Provisions, if needed; and one (1) updated Engineer's Opinion of Anticipated Construction Cost; along with accompanying transmittal letter, shall be submitted to OWNER. Copies shall be submitted to the Iowa DOT per the requirements of the DOT's Instructional Memorandum (I.M.) Number 3.005, current version at time of submittal, or as electronic (PDF) files submitted to the Iowa DOT via its Transportation Program Management System (TPMS). 12. Project Development Certification (PDC) Document to OWNER. 13. One (1) copy of survey field notes including utility structure inspection reports to OWNER. 14. CD or DVD of project drawings as AutoCAD® files. Electronic files of PROJECT base mapping will include existing control point, property boundary, and topographic information; contour information; and proposed design features and property acquisition information. VII. OWNER's RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. Electronic files of OWNER's Traffic Operations Department's Standard Specifications for Traffic Signal Installations, if required by the OWNER. B. Information pertaining to the horizontal and vertical control for the Project, if available. C. Latest aerial photography for the Project area. D. Latest aerial topographic mapping for the project, if available. E. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records including existing signal timing data, miscellaneous utility records (as available), and record drawings for adjacent improvements. F. Site plans for adjacent properties. G. Existing traffic volumes and projected Design Year Average Daily Traffic volumes for the project corridor(s), including truck traffic percentages by classification. H. Contractor bid prices from recent similar projects let by the OWNER. Permit applications that are only available from the OWNER that are necessary to commence with the construction of the proposed improvements. J. Pertinent information from Reports of Record Ownership and Liens to assist with preparation of property acquisition plats and temporary construction easement exhibits for parcels abutting Project roadway corridors for which property acquisitions are required. TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. Assist ENGINEER with selecting stakeholders and properties for inclusion in stakeholder database / mailing list. B. Obtain Reports of Record Ownership and Liens for the parcels abutting the Project roadway corridors for which property acquisitions are required. Page 18 of 30 Page 249 of 284 C. Provide and input new traffic signal timing information into existing and/or upgraded traffic signal equipment, when recommended. Page 19 of 30 Page 250 of 284 ATTACHMENT B Specifications Iowa Statewide Urban Design and Specifications (SUDAS) Design Manual, Chapter 5 and the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. Page 20 of 30 Page 251 of 284 ATTACHMENT C (referenced from 3.1) Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees not to exceed the maximum amount payable under this Agreement of $ 30,746.00. The maximum amount payable will not be changed unless there is a substantial change in the magnitude, scope, character, or complexity of the services from those covered in this Agreement. Any change in the maximum amount payable will be by Supplemental Agreement. A contingency amount of $ 2,795.00 has been established for this Agreement and is included in the maximum amount payable. Written request by the Consultant indicating the need and written approval by the Contract Administrator and concurrence from the Iowa DOT are needed prior to usage of the contingency amount. The current schedule of billing rates (direct labor rate, overhead, and fixed fee) are set forth in Attachment C-1. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval and by the Contract Administrator's written approval it shall become a part of this Agreement. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for direct non -salary costs which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non -salary costs incurred during said month. The Owner shall retain from each monthly payment for construction inspection or construction administration services 0% of the amount due. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 21 of 30 Page 252 of 284 ATTACHMENT C-1 Cost Analysis Worksheet Contract STP -A-8155(757)--86-07, Base Agreement I. Labor Cost (Prime Only) Employee Classification Hours Rate Amount Manager / Director 4 $165.00 $660.00 Senior Engineer / Architect / Land 43 $150.00 6,450.00 Surveyor Engineer / Architect / Land Surveyor 16 $125.00 2,000.00 Engineer / Architect / Survey Intern 120 $100.00 12,000.00 Technician II 28 $90.00 2,520.00 Technician I 18 $70.00 1,260.00 Administrative 8 $75.00 600.00 Labor Total 237 $25,490.00 II. Direct Project Expenses (Prime Only) Quantity Rate Amount Mileage (miles) 660 $0.545 $359.70 Reproductions (each) 100 $0.20 20.00 Postage (oz.) 200 $0.50 100.00 CAD Time (hours) 93 $14.75 1,371.75 Lodging 0 $100.00 0.00 Title Reports 2 $300.00 600.00 Spikes/Lath 0 $1.00 0.00 Survey Supplies 4 $2.50 10.00 Total Direct Expenses = $2,461.45 III. Estimated Actual Costs (EAC) (Prime Only) (I + II) = $27,951.00 (Rounded) IV. Contingency (Prime Only) V. Subconsultant Expenses None 10% of I + II) = $2,795.00 (Rounded) (Lump Sum Fee) $0.00 Total Subconsultant Costs = $0.00 VI. Specific Rate of Compensation Agreement Total (III + IV + V) = (Maximum Amount Payable) $30,746.00 * * Includes contingency amounts (Prime & Subconsultants) totaling $2,795.00 Total Initial Authorized Costs (Excluding All Contingency Amounts) = $27,951.00 Page 22 of 30 Page 253 of 284 ATTACHMENT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 23 of 30 Page 254 of 284 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. State of Iowa Black Hawk County 1 Michael G. Dryden, Secretary/Treasurer of the Ament Design Company, being duly sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that the above Statements are true and correct. (Signature) Subscribed and sworn to this day of (month) (year) Page 24 of 30 Page 255 of 284 ATTACHMENT E CERTIFICATION OF CONSULTANT I hereby certify that I, Michael G. Dryden, am the Secretary/Treasurer and duly authorized representative of the firm of Ament Design, whose address is 625 32nd Avenue SW, Cedar Rapids, Iowa 52404, and that neither the above firm nor I has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Signature Date Page 25 of 30 Page 256 of 284 ATTACHMENT F CERTIFICATION OF OWNER I hereby certify that I, Quentin M. Hart, am the Mayor and the duly authorized representative of the Owner, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Page 26 of 30 Page 257 of 284 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 6 Specific Rate Progressive Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only. Page 27 of 30 Page 258 of 284 Consultant Name Consultant Address Consultant Address Invoice No. Invoice Period Covered Consultant Job No. ATTACHMENT G Page 7 Specific Rate Final Invoice Date Client Project No. County Client Project Description Client Contract No. Contract Cumulative Current Estimate To Date Period Labor Dollars (2002) Labor Dollars (2001) Labor Dollars (2000) Labor Dollars (1999) Direct Expenses Mileage Per Diem CADD Estimated Actual Costs [Prime Only] (See Note 1) Subconsultants (including authorized contingency) Name Name Name Total Authorized Contingency Total Authorized Amount Total Billed To Date Remaining Authorized Balance Unauthorized Contingency Prime Subconsultant Name Subconsultant Name Labor Hours (2002) Labor Hours (2001) Labor Hours (2000) Labor Hours (1999) Note 1: Do not include Subconsultant Expenses. Include Labor Dollars and Direct Expenses for Prime Consultant only Page 28 of 30 Page 259 of 284 ATTACHMENT G Page 8 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 29 of 30 Page 260 of 284 ATTACHMENT H Consultant Fee Proposal Task Hours Cost Project/Construction Administration 16 $ 1,800 Travel 16 $ 2,000 Meetings 6 $ 750 Quality Control 5 $ 750 Bidding 4 $ 500 Research 2 $ 200 Design 99 $ 9,935 Permitting 3 $ 275 Concept statement 5 $ 550 Field Review 2 $ 250 Utility Coordination 2 $ 200 Specifications/Manual 5 $ 550 Cost Estimating/Quantities 5 $ 550 Topographic/Boundary Surveys 68 $ 7,180 Expenses $ 2,461 Total 237 $ 27,951 Page 30 of 30 Page 261 of 284 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau Board recommendation for funding a Hotel/Motel Mini - Grant application, in the amount of $2,530 in conjunction with the ISMA Bench/Bar Conference. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 4/11/2018 - 11:29 AM SUBJECT: Submitted by: Resolution approving Convention and Visitors Bureau Board recommendation for funding a Hotel/Motel Mini -Grant application, in the amount of $2,530 in conjunction with the ISMA Bench/Bar Conference. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau Recommended Action: Approve recommendation. The IS BA is a state-wide, not for profit professional association based in Des Moines. Their mission is to help Iowa attorneys succeed and facilitate professional growth and collegiality among Iowa attorneys. The Bench Bar Summary Statement: Conference is held every other year in various locations through the state. The goal of the conference is to provide an informal setting for the attorneys and judges of the state to collaborate on issues facing different aspects of the profession. Expenditure Required: $2,530.00 Source of Funds: FY 18 Mini -grant funds. Policy Issue: None. Alternative: Do not fund. Background Information: They are expecting 130 attendees staying at the Courtyard by Marriott, with an economic impact of $116,429. Page 262 of 284 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini - Grant application in the amount of $2,501 in conjunction with the Iowa Water Environment Association Conference. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Even, LeAnn Action Approved Date 4/11/2018 - 11:38 AM Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini -Grant application in the amount of $2,501 in conjunction with the Iowa Water Environment Association Conference. Submitted By: Tavis Hall, Executive Director of Waterloo Convention & Visitors Bureau Approve recommendation. The IWEA is an organization of professionals committed to the education and advancement of water quality and water pollution control techniques. The conference committee is excited to be returning to Waterloo for their annual, three-day conference. This conference moves around the state and has not been in Waterloo for 15-20 years. People from all 99 counties will be attending this conference. $2,501.00 FY 18 Hotel/Motel Mini -grant funds. None. Do not fund. They are expecting 200 attendees, approximately 190 of those from outside Black Hawk County, staying at the Courtyard by Marriott with a projected economic impact of $230,157.00. Page 263 of 284 CITY OF WATERLOO Council Communication Resolution approving Iowa Department of Natural Resources Wastewater Disposal System Construction Permit Application Fee Form and Construction Permit Application Schedule A, General Information for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorizing the Mayor to sign said application. City Council Meeting: 4/16/2018 Prepared: 4/11/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/12/2018 - 11:47 AM Clerk Office Even, LeAnn Approved 4/12/2018 - 3:54 PM SUBJECT: Resolution approving Iowa Department of Natural Resources Wastewater Disposal System Construction Permit Application Fee Form and Construction Permit Application Schedule A, General Information for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorizing the Mayor to sign said application. Submitted by: Submitted By: Jamie Knutson, PE, Associate Engineer Page 264 of 284 CITY OF WATERLOO Council Communication Request by Heinold Hog Markets, LLC for a Site Plan Amendment to the "M -2,P" Planned Industrial District, for the construction of a 12,375 square foot livestock processing facility, located south of 720 N. Elk Run Road. City Council Meeting: 4/16/2018 Prepared: 3/27/2018 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Staff Report a Overview Map D Aerial Map D Site Plan a Overview Image D Pictures D Application SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 3/27/2018 - 5:38 PM 3/28/2018 - 11:12 AM Motion to receive, file, consider and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving a site plan amendment on certain property, located south of 720 N. Elk Run Road. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Heinold Hog Markets LLC for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 12,375 square foot livestock processing facility located adjacent to 720 N Elk Run Road. The applicant is proposing to build a 12,375 square foot pole building to be used as a livestock processing facility located in the "M-2, P" Planned Industrial District located south of 720 N. Elk Run Road. The proposed building will include a 30' X 30' 900 square foot office, 15' X 45' 675 square foot dry manure storage area, and a 120' X 90' 10,800 square foot main staging area. The primacy purpose of the building will be to bring in livestock that is rejected by Tyson, sort them and send them out. Page 265 of 284 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: The applicant is proposing to have concrete pads where trucks will pull up against the building but are requesting the rest of the parking and truck maneuvering area be gravel which was approved for a variance from the Board of Adjustment at their February 27, 2018 meeting. The applicant is also proposing two detention ponds one located on the west side of the property located adjacent to Elk Run Road and a second larger one located on the east side of the property. The Zoning Ordinance requires one parking spot for every two employees. The site plan shows two regular and one handicapped parking spots. According to the applicant there will usually be one or two employees working at the facility at any one time so there is adequate parking provided. During Tech Review, engineering asked about sanitary sewer to which the applicant's engineer responded that the system will be on septic. It was also noted that being over 12,000 square feet they May require that the facility have sprinklers. However, the actual requirements will depend on the final design of the building which will be determined during building permit review which is not part of the site plan amendment process. At their March 7, 2018 meeting the Planning, Programming and Zoning commission voted 5-0 to recommend approval of the site plan amendment. Applicant will need to present copy of the abstract showing that they have a permanent easement to access the property from the WATCO owned driveway to the north before a building permit may be issued. None N/A Land Use and Economic Development, policies 1, 3 and 4. That part of the Northwest Quarter (NW 1/4) of Section Twenty-two, Township Eighty-nine North (T89N), Range Twelve West (R12W) of the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows: Beginning at the Southwest (SW) corner of said Northwest Quarter (NW 1/4); thence North One Thousand Twenty-nine (1,029) feet; thence East Four Hundred Fifty-one (451) feet; thence South Sixty (60) feet; thence East One Hundred Thirty (130) feet; thence South Sixty (60) feet; thence East One Hundred Sixty-five (165) feet; thence South Two Hundred Seven (207) feet; thence S 00°07' 14"E Five Hundred Seventy and Thirty-five Hundredths (570.35) feet; thence S81°02'06"W Two Hundred Fifty-five and Nineteen Hundredths (255.19) feet; thence S00°00'33"E Ninety-four and Thirty-two Hundredths (94.32) feet to the South line of said Northwest Quarter (NW 1/4); thence N89°43'02"W Four Hundred Ninety-five and Fifteen Hundredths (495.15) feet to the point of beginning, except highways. Page 266 of 284 March 6, 2018 REQUEST: Request by Heinold Hog Markets LLC for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 12,375 square foot livestock processing facility located adjacent to 720 N Elk Run Road. APPLICANT(S): Heinold Hog Markets, 891 Two Rivers Drive, Dakota Dunes, SD, 57049 GENERAL Request to build a 12,375 square foot livestock processing DESCRIPTION: facility. SURROUNDING The request to construct the livestock processing facility would LAND USES AND not appear to have a negative impact upon the surrounding IMPACT ON area as the area is largely industrial and agricultural. NEIGHBORHOOD: 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 Elk Run Road CONDITIONS: which is classified as a Minor Arterial north of Martin Luther King, Jr. Drive and a local street to the south of Martin Luther King, Jr. Drive which is classified as a Minor Arterial. RELATIONSHIP TO The nearest recreational trail is along the north side of Martin RECREATIONAL Luther King, Jr. Drive. There are no sidewalks located in the TRAIL PLAN AND area. COMPLETE STREETS POLICY: ZONING HISTORY The area in question was rezoned from "A-1"Agricultural FOR SITE AND District to "M-2, P" Planned Industrial District on April 10th, IMMEDIATE VICINITY: 1989. Surrounding land uses and their zoning designations are as follows: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: SPA -South of 720 N. Elk Run North — Commercial and Union Pacific Railroad zoned "M - 2,P" Planned Industrial District. South — Unincorporated Black Hawk County Agriculture and Shooting Range zoned "A" Agricultural. East — Unincorporated Black Hawk County Industrial zoned "C -M" Commercial Manufacturing District and Agriculture zoned "A" Agricultural District. West — Industrial zoned "M -2,P" Planned 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 SWPPP 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 Page 1 of Page 267 of 284 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: SPA -South of 720 N. Elk Run March 6, 2018 place. The area consists of Industrial uses built between 1952 and 2009. A small portion of far east side of the property is located in Zone X 500 Year Flood plain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 283F, dated July 18, 2011. The nearest schools are Highland Elementary located 2.6 miles to the southwest, Bunger Middle School located 2.42 miles to the southwest and East High School located 3.62 miles to the west. The nearest open space is the Spider Park located 2.41 miles to the south. There is a 30" storm sewer line located on the east side of Elk Run Road. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is proposing to build a 12,375 square foot pole building to be used as a livestock processing facility located in the "M-2, P" Planned Industrial District located south of 720 N. Elk Run Road. The proposed building will include a 30' X 30' 900 square foot office, 15' X 45' 675 square foot dry manure storage area, and a 120' X 90' 10,800 square foot main staging area. The primary purpose of the building will be to bring in livestock that is rejected by Tyson, sort them and send them out. The applicant is proposing to have concrete pads where trucks will pull up against the building but are requesting the rest of the parking and truck maneuvering area be gravel which was approved for a variance from the Board of Adjustment at their February 27, 2018 meeting. The applicant is also proposing two detention ponds one located on the west side of the property located adjacent to Elk Run Road and a second larger one located on the east side of the property. The Zoning Ordinance requires one parking spot for every two employees. The site plan shows two regular and one handicapped parking spots. According to the applicant there will usually be one or two employees working at the facility at any one time so there is adequate parking provided. During Tech Review, engineering asked about sanitary sewer to which the applicant's engineer responded that the system will be on septic. It was also noted that being over 12,000 Page 2 of Page 268 of 284 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: SPA -South of 720 N. Elk Run March 6, 2018 square feet they May require that the facility have sprinklers. However, the actual requirements will depend on the final design of the building which will be determined during building permit review which is not part of the site plan amendment process. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the "M-2, P" Planned Industrial 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. The applicant will need to submit records showing that the facility has the permission to use the WATCO owned driveway. Page 3 of Page 269 of 284 City of Waterloo Planning, Programming and Zoning Commission March 6, 2018 S of 720 N. Elk Run Site Plan Amendment Heinold Hog Market 1,000 500 1,000 1 aye .,IQeO f 284 City of Waterloo Planning, Programming and Zoning Commission March 6, 2018 South of 720 N. Elk Run Site Plan Amendment Heinold Hog Markets Page 271 of 284 eM01 `oolaalelvi—\ peoy una )1I3 'N levew 6oH plouleH uew al!S J t63saum®�a(5 0) a1V w3 `' 2Z00-000 (6tf) .04 • 4639-WZ (5S) .d 1_. J\ 10100 0001 '00V0i0M • 969 x08 '0'4 • 9nua..y i; va..iu0i 53!Z .auk `6u!Aanans (u( pue 6uueeU!6u3 uasseen euAeM 3 1! av `0 -NA n fa z6W / \lZ0 31v0 "ry rorty 9d 991 cn N � s Certification (99e) (L9e) (99e) (99e) (L9e) (099) (996) 018 8 U 1 (tan ,((.4 (009) oce) \ \\\\\\\\\\\\\\\\\\\ (Oce) WEI). Us) (101) 08 688 N13 N Page 272 of 284 aa„.aassoo�a oug �7 9Z00—S£Z (6L£) 9629—o£Z (SL£) .xojWoo :auoyd Loins 969 xoe '0'd •anuany 6Fwaniun SOLO ay •oul `6up(enans pue 6uueau!bu3 uesseen auAeM '11/ enrol `ooliaWeM\ peon unli )113 'N 4a peW 60H piouiaH den uolle3o-1 qtt n 111 "' L Mlt(1 1 k1 ER R Y tars IfD Ikl[f{lFEtE Fl -i t IY t� itpF 'am W1{if{�ti '[[ flUllk{IRtkk4k1E�.IkK Ei1 i C F 141{ witbaava[t� gk NII E Rikj It --� Itt1 ltaf IE 1111 heli 1'�i�5o' II+t11E1 N Nik Im elliek.t to kkE�EF{(Yk ati trick IG NII f t t1 LtFI kRIE1kLERykk ' Ek Fk t E k 151 F!1 ILRtf1 EttLELlYtoitiE{Ik1tEEkkILk�Li'�FLt(CUE� k11 i CEIt'1Kf�Et1UF FRf t L1EIEFITTESE Fk E//6�Eee{tifk�t�11{tE11ki/ {!k IWFFlt IttEtlI CFLi7®jyll6LElt`EftlfEk(ltlalitkhklEELL�6fkt11t1k�N0E i","F FI IF EIt(lyytFEttgtttLifttfflialtkkLERlB�ti{Ettli{t[1F1FfyittiY1ftlt4ll [ IEtt 16€111Etl Iktf1L11ffiL4E1`Lff IGkKIkRILllflLttel I1 tLEf EI (LkikLl Gik EI IFtELFlftIIlLl iftfkk FF 111IkILylf fEflff{I/I1L IB OPE Page 273 of 284 Pictures- South of 720 North Elk Run Road Picture 1: Looking southwest from the WATCO driveway. Picture 2: Looking south from the WATCO driveway. Page 274 of 284 Page 275 of 284 tloop signature verification: APPLICATION SITE PLAN AMEN to H _-tt—r , "M -P", "C -P", "B -P„, "S-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. APPLICATION ICY' INF()RIy1ATION: a. Applicant's name (please print): / I C2 r i`fl id illi G.': Moir k 5 LL - Adclress: r, ( ( T to i. -5 -1 Phone: 3/ % -- >3 c) -'S� ax: City: � aK,±rk. .6u ,_ State: 4'. flip: ' 7D y 9 b. Status of applicant: (a) Owner "(b) Other 1—(CHECK ONE): If other explain: _60!L\H/ j - Inra v 04. c. Property owner's name i l di f erc•nt than a»uve (please print): G�, ��-c:1✓nc� I(" ' 2 Lrl f Address: l- C `t 0 rC` ito rd �1 Phone: Fax: Ci r � oc) State: TA hip: SiO 7 City:_. ��� � %i � 0 2. PR()1'IKI-Y INFORMATION: a. General location of site plan to be amended. I i (< 1 e. I[ b. I.eggaIdcscrip1ion ofproperty orportion tobeamended: To ko de' tfe i)^.e <( c. Dimensions of proposed site plan amendment: d. Area of proposed site plan ntt idlimit: e. Current zoning: f' [' f fd- l`� '/F.—fl-,-F A p � 14. f. Reason(s)for g is plan amendment and ro os �d use(s) of roe 0 ..J 1n. 4 r 1-:- u,, s 1K ,a-.55- - ILAitl I - / 7` cz Conditions (if any) agreed to (does not affect existing ceinditions unless specified): _ tie g. ac h. Other pertinent information (use reverse side if necessary): 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). 1'hc Tiling, lee ol'$200 (for new or overall amendment), tii 100 (liar 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 IOL fail (If Said alnclldlnelll to be enacted into law. Any major change In any of the 1nlOrmation given will require that the request go back through the process, with a new filing lee. 11 the request is denied no new petition covering the same or portion o1 the same property shall he tiled with or considered by the Planning. Prow -mulling, and Zoliinig Commission until fuer (1) 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 alt information on this request and submitted aping with it is true and correct, Alt intorination submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The u:kilersigne.d authorize City Zoning Officials to enter the property in question in regards to the request. f c/ie Signature of Applicant Date dotloep verified irv'laaax'-r<floaGeourarsfaaar-i'�aeosAa,‘tw28. 02/09/183:27PM EST LRZ5-DCDE-G1QI.RY50 Signature of Owner Date Page 276 of 284 CITY OF WATERLOO Council Communication Motion authorizing approval of not to exceed amount of $40,000 for estimated quantity adjustments for FY2018 Waterloo Boathouse Enhancements Contract # 940 City Council Meeting: 4/16/2018 Prepared: 4/10/2018 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, P aul Even, LeAnn Action Approved Approved Date 4/11/2018 - 10:35 AM 4/12/2018 - 10:47 AM Submitted by: Submitted By:Travis Nichols, Facilities/Project Manager, Leisure Services Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion authorizing approval of not to exceed amount of $40,000 for estimated quantity adjustments for FY2018 Waterloo Boathouse Enhancements Contract # 940 The FY2018 Waterloo Boathouse Enhancements Project is showing possible quantity adjustment increases for several line items to include top soil, erosion control, road stone subbase material and additional trees. Original Contract Sum $787,364.75 Approved Change Orders 25,146.00 Total $812,510.75 Estimated quantity adjustments Estimated Total Not to Exceed $40,000 40,000.00 $852,510.75 Iowa DNR REAP Grant $200,000 Blacichawk County Gaming Grant $500,000 G.O. Bond Funds $300,000 This project supports the City of Waterloo's strategic Plan, Strategy 1.7: Seek ways to create a "live, learn, work and play" enviroment with amentities that attract and retain population in Waterloo and Strategy 4.5: Maintain and develop community services and facilities that support quality of place. Page 277 of 284 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library on the notice of the conclusion of employment for Lindsey A. Buehler, Library Assistant, effective March 31, 2018 with recommendation of approval of payout of $647.94 for unused benefits. City Council Meeting: 4/16/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/10/2018 - 12:49 PM Clerk Office Higby, Nancy Approved 4/11/2018 - 9:26 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Public Library on the notice of the conclusion of employment for Lindsey A. Buehler, Library Assistant, effective March 31, 2018 with recommendation of approval of payout of $647.94 for unused benefits. Submitted by: Submitted By: Page 278 of 284 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Library Today's Date: 4/4/2018 Effective Date: 3/31/2018 Employment Date: 7/27/2009 Job Title/Classification Library Assistant (1/2 time) This is to report that the employment of Lindsey A. Buehler with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related LI No ❑ Yes 0 Resigned ❑ Termination ❑ Other In accordance with City Policy, It Is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 40.67 $ 22.60 $919.14 Vacation -Current 0 Usable Sick Leave -12 $ 22.60 ($271.20) Frozen Sick Leave Personal Hours 0 Comp Time Pay Unscheduled Leave Birthday $ 647.94 Comments: Overused sick leave by 12 hours Approved by Human Resources Date Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ['Status 0-9 Updated 6/28/11 Page 279 of 284 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Rick Hild, Waste Water Operator, effective March 30, 2018 with recommendation of approval of payout of $2,264.61 for unused benefits. City Council Meeting: 4/16/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/10/2018 - 12:48 PM Clerk Office Higby, Nancy Approved 4/11/2018 - 9:26 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waste Management Services Depailnient on the notice of the conclusion of employment for Rick Hild, Waste Water Operator, effective March 30, 2018 with recommendation of approval of payout of $2,264.61 for unused benefits. Submitted by: Submitted By: Page 280 of 284 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waste Management Services Today's Date: 4/9/2018 Effective Date: 3/30/2018 Employment Date: 1/5/2009 Job Title/Classification Waste Water Operator This is to report that the employment of Rick Hld with the City of Waterloo has been severed by reason of: Retired Disability Related El/No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, It is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 2 $ 26.03 $ 52.06 Vacation -Current 85 $ 26.03 $ 2,212.55 Usable Sick Leave 0 $ 26.03 (x) 25% $ - Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay $ - Unscheduled Leave $ - OtherPay $ - Total Payment 1 $ 2,264.61 Approved by Human Resourc s Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: E Accruals ❑Status 0-9 Updated 6/28/11 Page 281 of 284 CITY OF WATERLOO Council Communication Civil Service Commission Minutes for March 2, 2018. City Council Meeting: 4/16/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/10/2018 - 12:47 PM Clerk Office Higby, Nancy Approved 4/11/2018 - 9:26 AM ATTACHMENTS: Description Type d Minutes March 2018 Cover Memo SUBJECT: Civil Service Commission Minutes for March 2, 2018. Submitted by: Submitted By: Page 282 of 284 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. Friday, March 2, 2018 Mollenhoff Conference Room — City Hall Members Present: Barry Haskins, Lovie Caldwell, Ethel Washington Member Absent: Abraham Funchess (ex officio) Others Present: Sandie Greco, Frank Krogh, Brian Rath, Cheryl Huddleston Moved by Haskins, seconded by Washington to approve the March 2, 2018 Agenda. Motion carried. Moved by Haskins, seconded by Caldwell to approve the February 2, 2018 Minutes. Motion carried UNFINISHED BUSINESS The Civil Service List for Police Property/Evidence Technician was presented for certification. The position was approved by Human Resources on 12/11/17 and by the Civil Service Commission on 12/15/17. There is a vacancy due to a promotion. The position was advertised in the Courier, on the City website, notices sent to the agencies and organizations on the Affirmative Action list, posted in all City departments and the Cedar Valley Alliance website. We received 42 resumes and 19 were invited to interview. The candidates were interviewed by Ruth Muller and Brent Cirksena from the Police Department and Cheryl Huddleston from Human Resources. Three candidates cancelled their interview, 1 did not show and 3 did not pass the interview. The Civil Service list has 4 white males and 6 white females; the Reserve List has 1 black male and 1 white female. Moved by Caldwell, seconded by Haskins: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Police Property/Evidence Technician for the City of Waterloo, Iowa. Appointment(s) shall be made from this list for the next year (March 2, 2018 — March 1, 2019). CERTIFIED LIST Duane Durnin Ryan Doland Fred Barton Stacy Davis Ryan McClelland Anna Tisue Hayle Davison Chanisse McCrea Julie Ball Victoria Satterlee The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE LIST Don Asua Sarah Pierson Motion carried. Page 283 of 284 Updates Storm Water Specialist — Engineering We readvertised and received 13 resumes; preliminary review shows several who meet qualifications. Medical Supervisor — Fire Rescue Civil Service Commission approved job description on 2/2/18 but we are waiting for the personnel requisition to be signed and for the budget process to be completed. There is a vacancy due to a retirement. Capacity Management Operations & Maintenance (CMOM) Technician — Waste Management Services Approved by Human Resources on 12/11/17 and Civil Service on 2/2/18; vacancy due to promotion; advertised Courier, City website, Affirmative Action list, City departments, Cedar Valley Alliance website; received 9 resumes; still reviewing. NEW BUSINESS The job description and testing criteria for Street Foreman was presented for approval. Personnel requisition has been approved. There are 2 vacancies due to retirements. It will be posted as a promotional position. There are no changes in the job description and testing. Moved by Haskins, seconded by Caldwell to approve the job description and testing criteria for Street Foreman. Motion carried. The job description and testing criteria for Collection Systems Foreman -Waste Management Services was presented for approval. Personnel requisition has been approved. There is an upcoming vacancy due to a retirement. It will be posted as a promotional position. There are only slight changes in the job description and testing. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Collection Systems Foreman. Motion carried. OTHER BUSINESS None With no further business, moved by Haskins, seconded by Caldwell to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Page 284 of 284