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Council Packet - 5/29/2018
THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, May 29, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 179 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Rudy Jones, Community Development Director Agenda, as proposed or amended. Minutes of May 21, 2018, Regular Session, as proposed. Minutes of May 22, 2018, Special Session, as proposed. ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Cedar Valley Pridefest for a variance to the Noise Ordinance on Friday, August 24, 2018 from 7:00 p.m. to Midnight and Saturday,August 25, 2018 from Noon to Midnight, in conjunction with the 7th Annual Pridefest Festival, along with the street closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks of Jefferson Street during the event, together with recommendation of approval of the Police Captain. Submitted By: Dave Mohlis, Police Captain 3. Request from Riverloop Association Inc. for a variance to the Noise Ordinance from April 30 through November 16, 2018 from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system, together with recommendation of approval of the Police Captain. Submitted By: Dave Mohlis, Police Captain 4. Request from Shatora Jones, on half of True Believer's Global Outreach E.L.I.T.E. Inc., for a variance to the Noise Ordinance on August 18, 2018 from 12:00 p.m. to 3:00 p.m., in conjunction with a back to school drive to be held at Lafayette Park, including food, music and the use of a PA system, together with recommendation of approval of the Police Captain. Submitted By: Dave Mohlis, Police Captain Page 2 of 179 5. Request from Tasha Young for a variance to the Noise Ordinance on June 1, 2018 from Noon to 8:00 p.m. for a graduation party being held at 1316 Mulberry Street, together with recommendation of approval of the Police Captain. Submitted By: Dave Mohlis, Police Captain 6. Request from Full House Productions, LLC dba Spicoli's, for a variance to the Noise Ordinance, on May 24-27, 2018, in conjunction with the Corn Stock music event, including a beer garden, PA system, and live band music, together with recommendation of approval of the Police Captain. Submitted By: Dave Mohlis, Police Captain 7. Resolution approving preliminary plans, specifications, bid documents, etc. and setting a date of bid opening as May 31, 2018 and date of public hearing as June 4, 2018, in conjunction with the mowing contracts for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Submitted By: Noel Anderson,Community Planning and Development Director 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting the date of bid opening as June 7, 2018, and public hearing as June 11, 2018, in conjunction with asbestos abatement services at 807, 809-811 East 4th Street, and instructing City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving preliminary specifications, bid document, etc. and setting date of bid opening as June 21, 2018 and public hearing as June 25, 2018, in conjunction with the purchase of two (2) 2019 single axle, snow control (plow), 37,000 GVW dump trucks, and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Scott Strader, Jennifer Sparks and Brian Baker Class/Meeting: Engineered Lumber Design & Construction Destination: Johnston, IA Dates: June 5, 2018 Amount not to exceed: $807.00 2. LIQUOR LICENSES a. The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd. OWNERSHIP UPDATE* Class: B Liquor New Application Does not include Sunday Expiration Date: 4/30/2019 b. Risque' Gentlemen's Club, 301 W. 4th Street Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/27/2019 3. Motion to appoint Ryan Doland to the position of Property Evidence Technician in the Police Department, effective June 4, 2018. Page 3 of 179 Submitted By: Captain Frank Krogh 4. Motion to approve application for Fireworks Display for My Waterloo Days at the Park Avenue Bridge on Saturday, June 9, 2018, beginning at 9:45 p.m. Submitted By: Pat Treloar, Chief of Fire Services 5. Bonds PUBLIC HEARINGS 2. Lease agreement with Verve Kombucha, LLC for property located at 327 W. 3rd Street (Public Market Building) for a term ending June 30, 2025. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving lease agreement with Verve Kombucha, LLC for property located at 327 W. 3rd Street (Public Market Building) with monthly lease payments of $0 the first year, $1,000 the second year, $2,000 the third year, $3,000 the fourth year, $3,833 the fifth year and $4,000 for years six and seven, for a term ending June 30, 2025, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson Community Planning & Development Director 3. FYE 2018 Budget Amendment. 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 FYE 2018 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer 4. Amendment to MidAmerican Energy Company Electric System Franchise Agreement. Motion to receive and file proof of publication of notice of public hearing and approve revenue purpose statement. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Michelle Weidner, Chief Financial Officer 5. Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement. Motion to receive and file proof of publication of notice of public hearing and approve revenue purpose statement. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Michelle Weidner, Chief Financial Officer Page 4 of 179 6. Purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84" cab including a snow plow package, for the Sewer Department. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Rydell Chevrolet of Waterloo, Iowa in the amount of $47,131.60, in conjunction with the purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84" cab including a snow plow package, for the Sewer Department. Submitted By: Sandie Greco, Interim Public Works Director RESOLUTIONS 7. Resolution approving award of bid to Spahn & Rose Lumber Company of Jesup, Iowa, in the amount of$125,860, in conjunction with the purchase and construction of a 60 ft. by 80 ft. pole building at the City's Yard Waste Site, and approving contract, bond and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director 8. Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, for two (2) Ford Interceptor Sedans in the amount of $25,571.00 each, and four (4) Ford Interceptor SUVs, in the amount of$29,938 each. Submitted By:Sandie Greco, Interim Public Works Director 9. Resolution authorizing the submission of a Small MATCH grant application to the Wellmark Foundation, for a maximum amount of $20,000, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 10. Resolution approving construction plans for sanitary sewer, storm sewer, and paving, serving Village West 2nd Addition, as submitted by Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted By: Dennis Gentz, PE,Assistant City Engineer 11. Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in an amount not to exceed $65,100, in conjunction with the Traffic Adaptive Signals and Fiber Optic Communications Upgrade project, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 12. Resolution approving a one year Farm Lease Agreement with Doug Bruns, for farming approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue, for a total yearly payment of $800, and authorize the Mayor and City Page 5 of 179 Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving the contract for grant award between the Waterloo Housing Trust Fund V and the City of Waterloo Community Development Department, in the amount of $15,000, for repairs to existing single family owner occupied homes, and authorize Mayor to execute said documents. Submitted By:Rudy D. Jones, Community Development Director 14. Resolution approving award of bid to Young Plumbing & Heating of Waterloo, Iowa in the amount of $189,800, in conjunction with the Waste Management Administration HVAC Cooling System Replacement. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Mgt. Services 15. Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel-motel mini grant application for the Full Count Sports Academy 13 U & 14 U Major State Softball and Baseball Tournament, in the amount of $2,558. Submitted By: Tavis Hall, Executive Director of Waterloo Convention &Visitors Bureau ORDINANCES 16. An Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E, Sales. Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk 17. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. Motion to receive, file and consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted By: Bruce Jacobs, Ward 2 Councilperson ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 6 of 179 MEETINGS 4:30 Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 7 of 179 CITY OF WATERLOO Council Communication Minutes of May 21, 2018, Regular Session, as proposed. City Council Meeting: 5/29/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (..)ff ice 1" mcy Approved 5/23/2018 12-52 PM ATTACHMENTS: Description Type D Minutes of 5,2L2018 Backup Mamlap D Mirnites of SpecU Scssion 5.22,2018 Backup Materap Submitted by: Submitted By: Page 8 of 179 May 21, 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, May 21, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director 147017 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 21, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 147018 - Juou/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 14, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring May 26, 2018 as 105.7 KOKZ Fourth Street Cruise Day. Proclamation declaring May 20-26, 2018 as National Public Works Week. Presentation by Youth Art Team. ORAL PRESENTATIONS Dwayne Ehilers, 1205 '/2 Bishop Street, explained that he has met with the Water Works and City Attorney regarding his outstanding dollar amount for work to shut off his water and has not found a resolution to the matter. He explained that his intention is to sue the city. Bob Delveau, 1014 Kingsley Avenue, expressed support for Waterloo Bicycle Works and stated that the lease for the Public Market should be granted to them. Todd Obadal, 124 Amity Drive,requested that the agenda be published one week prior to the Monday meeting. David Dryer, 3145 W. 4th Street, questioned when a work session on the Five Sullivan Brothers Convention Center will take place. Mayor Hart stated that a work session is scheduled for next week. Mr. Morrissey explained that this Friday is the third anniversary of the Bike to Friday'loo event. He also commented that another school shooting took place in Texas last Friday and asked that a Task Force be created to explore what can be done about gun legislation to help protect children. Mrs. Klein commented that when she asked for a work session on the convention center she did not intend to have an update from the developer but was instead looking for an update from staff on the contract. 147019 - Juou/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion May 21, 2018 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2018-332. 2. Resolution approving request of Main Street Waterloo to hold the l 7th Annual BBQ'loo festival in Lincoln Park on Friday, July 20, 2018 from 5:30 p.m. to 9:30 p.m. and Saturday, July 21, 2018 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Ave., adjacent to Lincoln Park for the event. Resolution adopted and upon approval by Mayor assigned No. 2018-333. 3. Resolution approving request from Ralph Longus to approve Ashley Ubbelohde 5K benefit walk/run to be held on June 2, 2018 at 8:00 a.m. starting and ending at West High School. Resolution adopted and upon approval by Mayor assigned No. 2018-334. 4. Resolution approving request of the Cedar Valley Irish Fest Cultural Association to hold the 12th Annual Iowa Irish Fest Event from August 3-5, 2018, in and around Lincoln Park and surrounding streets to include a noise variance for the duration of the festival, to include a 5K run on August 4, 2018 from 6:30 a.m. to 10:15 a.m. on the downtown streets. Resolution adopted and upon approval by Mayor assigned No. 2018-335. 5. Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing, to hold the SingleSpeed Beer Mile race on June 9th, 2018, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as a closure of the SingleSpeed Breweing Co. parking lot located at 325 Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2018-336. 6. Resolution setting date of public hearing as June 4, 2018 to approve the request by Michael Dahl and Brian Kennett to rezone approximately 2.74 acres of land from "A-1" Agricultural District to "R-1" One and Two Family Residence District to allow for future low density residential development, located at 4245 West 4th Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-337. 7. Resolution setting the date of hearing as May 29, 2018 to approve the Amendment to the Electric Franchise Fee including a rate increase to 4%, and Statement of Revenue Purpose, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-338. 8. Resolution setting the date of hearing as May 29, 2018 to approve the Amendment to the Natural Gas Franchise Fee including a rate increase to 4%, and Statement of Revenue Purpose, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-339. May 21, 2018 Page 3 b. Steve Hoambrecker Iowa Water Environment Waterloo, June 5-7, $1,815.00 and (6) Waste Association Annual IA 2018 Management Conference. employees c. Ed Abben and(3) Navigating Asbestos— Waterloo, June 12-14, $1,320.00 Building Maintenance Webinar IA 2018 employees d. Fred Burton, Gallery Talk Memphis, May 22-24, $818.10 Artist/Guest Speaker TN - 2018 Waterloo, IA e. Steve Gerberich, Gallery Talk New York May 22-24, $480.00 Artist/Guest Speaker City, NY - 2018 Waterloo, IA 2• Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda a. CVS #8546, 205 Franklin B Wine/C Beer/E Renewal 5/31/2019 x Street Liquor b. Dollar General#7136, 66 E. B Wine/C Beer/E Renewal 2/28/2019 x Tower Park Drive Liquor c. Flirts Gentlemen's Club, 319 C Liquor New 6/10/2019 x Jefferson Street(Ownership Update) d. Iowa Irish Fest, Lincoln Park C Liquor New 8/7/2018 x 5 Da w/Outdoor Service e. The Isle Casino Hotel B Liquor/B Wine Renewal 4/30/2019 x Waterloo, 777 Isle of Capri w/Outdoor Service Blvd. £ Locals Bar and Grill, 229 E. C Liquor New 5/20/2019 x 4th Street g. Lost Island Waterpark, 2225 Special C Liquor New 10/15/2018 x E. Shaulis Rd. 6 Months w/Outdoor Service h. New Star, 1459 Ansborough B Wine/C Beer/E Renewal 6/2/2019 x Avenue Liquor i. Riverloop Expo Plaza, 400 Special C Liquor New 10/30/2018 x Jefferson Street 6 Months) w/Outdoor Service j. Southtown Lounge, 2026 C Liquor Renewal 6/7/2019 x Bopp Street w/Outdoor Service k. Smitty's Bar, 709 Jefferson C Liquor Renewal 5/26/2019 x Street w/Outdoor Service 1. Waterloo Bucks, 850 Park B Beer/B Native New 11/1/2018 x Rd. (6 Months) Wine w/Outdoor Service -`-_— %T___nn nn i o May 21, 2018 Page 4 7. Bonds. Mr. Shimp stated that he would abstain from voting on the Isle of Capri liquor license and item 1.B.3. Roll call vote-Ayes: Six. Motion carried. (Shimp abstained on 1.B.2.E due to employment). 147021 - Shimp/Amos Motion approving recommendation of appointment of Ryan Stuber to the position of Clerk II in the City Clerk's Office, effective May 22, 2018. Roll call vote-Ayes: Seven. Motion carried. Kelley Felchle, City Clerk provided an overview of the position. Mayor Hart commented on the importance of the rental registration portion of the position in particular. Mr. Morrissey questioned if the position is in the current budget. Kelley Felchle confirmed the position is budgeted for both the current and next fiscal year. Mayor Hart recognized Jamie Knutson as the Interim City Engineer at the retirement of Eric Thorson on May 18, 2018. PUBLIC HEARINGS 147022 - Schmitt/Morrissey that proof of publication of notice of public hearing on the sale and conveyance of the city's partial interest in a parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA Development, LLC, in the amount of$1.00., as published in the Waterloo Courier on May 14, 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. 147023 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 147024 - Schmitt/Amos that "Resolution authorizing sale and conveyance of the city's partial interest in property located within Block 63 of Cooley Addition adjacent to 519 E 3rd Street to JSA Development, LLC for $1.00, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-340. 147025 - Shimp/Amos May 21, 2018 Page 5 that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned what the bid alternates would try to accomplish as part of the project. Steve Hoambrecker, Waste Management Director, explained that the preliminary discussions are to reject the bids as they are almost double the estimate. Resolution adopted and upon approval by Mayor assigned No. 2018-341. 147028 - 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. 2018-342, 147029 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations Supervisor, Waste Management Services, for review. Estimate: $98,077.00 Bidder Bid Security Bid Amount Young Plumbing & Base: $189,800.00 Heating 5% Alt: $89,400.00 Waterloo, IA Plumb Tech Inc. Base: $193,850.00 Waterloo, IA 5 o�� Alt: $96,130.00 Winger Contracting Base: $209,500.00 Fairfax, IA 5 o�0 Alt: $72,660.00 Voice vote-Ayes: Seven. Motion carried. 147030 - Morrissey/Shimp that proof of publication of notice of public hearing on purchase of six (6) Police Interceptor AWD vehicles, as published in the Waterloo Courier on May 8, 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. 4th Street, questioned how the bids received compared to the state bid. Sandie Greco, Interim Public Works Director, explained that packets were sent to the state bidder. 147031 - Morrissey/Shimp that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. May 21, 2018 Page 6 Option B: SUV Estimate: $150,000 Bidder Bid Amount Bill Colwell Ford Option A: $25,571.00 Hudson, IA Option B: $29,938.00 Stivers Ford Lincoln Option A: $25,899.00 Waukee, IA Option B: $30,044.00 Rydell of Independence Option A: $25,824.18 Independence, IA Option B: $30,299.18 Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 147034 - Schmitt/Amos that "Resolution approving the Contract, Bond and Certificate of Insurance of Price Industrial Electric, Inc., Robins, Iowa, for the Traffic Adaptive Signals on Hwy. 218 and San Martian Drive and Fiber Optic Communications Upgrade, Project #STP-A-8155(743)--86-07, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-344. 147035 - Schmitt/Amos that "Resolution approving Memorandum of Understanding with the Iowa Northland Regional Council of Governments (INRCOG), in an amount not to exceed $2,000.00, for the writing, preparation, and submittal of the Shaulis Road Recreational Trail Extension application for State Recreational Trail Funds, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-345. 147036 - Schmitt/Amos that "Resolution approving Facility Plan and Intended Use Plan application, (IUP) for funding from the State Revolving Fund, in conjunction with Northwest Interceptor, 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. 2018-346. 147037 - Morrissey/Amos that "Resolution approving Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $27,500.00 in conjunction with the FY 2019 Dubuque Road Over Blowers Creek Bridge Repairs, Contract No. 959, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. May 21, 2018 Page 7 that "Resolution approving award of hotel/motel tax council discretionary funds to the Jesse Cosby Neighborhood Center in the amount of $6,000, Leisure Services Golf in the amount of $15,937, North End Cultural Center in the amount of $5,000, Aspire Therapeutic Riding Program in the amount of$8,000, Leisure Services Event Shuttle in the amount of$3,375, the Waterloo Municipal Band in the amount of$21,000, and the Waterloo Police Department in the amount of$30,000", be adopted. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Shimp requested an overview of how the program works and questioned the request of the police department. Major Leibold explained that the $30,000 requested in no way pays for all of the events in downtown Waterloo and the payments for events do not fully cover the cost of a police presence. Michelle Weidner, Chief Financial Officer,provided an overview of the Hotel/Motel Tax program. Mrs. Klein commented that she is uncomfortable with the council making a determination of what charities the city chooses to grant funds. Mayor Hart explained that the recipients of the grant funds are for local organizations and that they choose to complete an application for funding. Mr. Morrissey questioned how often funds are distributed and when the year is up for the cycle of funding. Michelle Weidner explained that the funds are awarded quarterly except sometimes during the budget or as applications are received and the funding follows a fiscal calendar. Mr. Morrissey questioned if more applications will come before council prior to the end of the fiscal year. Michelle Weidner explained the applications received at the end of the fiscal year would carry over into July. Mr. Shimp commented that he would like to see the process reviewed in the future. Mrs. Juon explained the history behind the program. Michelle Weidner explained that when the tax was voted in, it was a public vote and that the allocation is an ordinance. Mr. Amos commented that he serves on the review committee and reviews the criteria for grant funding when making award decisions. Resolution adopted and upon approval by Mayor assigned No. 2018-349. 147040 - Schmitt/Amos that "Resolution approving request by the City of Waterloo for a minor plat of Parcels `B" and "C" of Triangle Terrace Subdivision, located adjacent to 5050 Foulk Road, for the purpose of creating a 1 1 1 1 1 i 1 1 1 1 T 1 1 1 1 A [Y 11 A 1 May 21, 2018 Page 8 147042 - Schmitt/Amos that "Resolution approving Amendment to Development Agreement & Minimum Assessment Agreement with KWWL Television, Inc., changing the minimum assessed value from $1,800,000 to $1,768,800, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4' Street, questioned the impact of the taxes KWWL would pay once the agreement has concluded. Aric Schroeder, City Planner, explained the parking lot has been sold and that the agreement takes that loss of land into consideration. Resolution adopted and upon approval by Mayor assigned No. 2018-352. ORDINANCES 147043 - Shimp/Morrissey that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Five. Nays: Two. (Amos and Morrissey) Motion carried. Mr. Morrissey questioned why the ordinance was not put to the Public Safety Committee and Work Session. Mr. Shimp commented that the he had asked that the ordinance be changed. Mr. Morrissey questioned the distance regulations for property lines. Aric Schroeder explained that the zoning ordinance. Mayor Hart questioned what the ordinance accomplishes. Aric Schroeder explained that the zoning ordinance regulates setbacks and does not allow fireworks to be sold in residential areas. Mr. Jacobs commented that the ordinance is a matter of fairness to the businesses established last year to allow their sales to continue. Mr. Morrissey questioned the safest place to sell fireworks. Pat Treloar, Fire Chief, commented that the department prefers to have fireworks located in industrial districts as opposed to residential. Mr. Morrissey commented that he found four different cities that restrict sales to industrial districts and read an article written by the attorney for Bellino fireworks regarding the lawsuit they filed. May 21, 2018 Page 9 To call the question. Roll call vote-Ayes: Five. Nays: Two. (Amos and Morrissey) Motion carried. 147045 - Shimp/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two. (Morrissey and Amos). Motion failed. Mr. Morrissey commented that one of the council members owns a commercial property within one of these districts which could be a conflict of interest. ADJOURNMENT 147046 - Juon/Amos that the Council adjourn at 7:06 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk May 22, 2018 The City Clerk of the City of Waterloo, Iowa, met in the Mayor's Office, 715 Mulberry Street, Waterloo, Iowa, at 10:00 a.m. on Tuesday, May 22, 2018, to receive bids and refer the sale of$10,505,000 General Obligation Bonds, Series 2018A, to the best and most favorable bidder for cash, subject to approval of the City Council at 4:30 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer, Maggie Burger, Sr. Vice President and Larry Burger, President of Speer Financial, Inc., and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of$10,505,000 General Obligation Bonds, Series 2018A, the City Clerk announced the following bids were received: Name of Bidder True Interest Rate 1. FTN Financial Capital Markets,New York,New York 2.983411% 2. Hutchinson, Shockey, Erley& Co., Chicago, Illinois 2.952844% 3. Robert W. Baird& Co., Inc., Milwaukee, Wisconsin 2.929549% The best bid was determined to be as follows: Robert W. Baird& Co., Inc., of Milwaukee, Wisconsin, at a True Interest Rate of 2.929549%. Whereupon all bids were referred to Speer Financial, Inc. and the meeting adjourned to 4:30 p.m. in the City Hall Council Chambers on May 22, 2018. May 22, 2018 The City Clerk of the City of Waterloo, Iowa, met in the Mayor's Office, 715 Mulberry Street, Waterloo, Iowa, at 10:30 a.m. on Tuesday, May 22, 2018, to receive bids and refer the sale of $1,070,000 Taxable General Obligation Bonds, Series 201813, to the best and most favorable bidder for cash, subject to approval of the City Council at 4:30 p.m. on the above date. The following persons were present at said meeting: Michelle Weidner, Chief Financial Officer, Maggie Burger, Sr. Vice President and Larry Burger, President of Speer Financial, Inc., and Kelley Felchle, City Clerk. This being the time and place for the opening of bids for the sale of $1,070,000 Taxable General Obligation Bonds, Series 201813, the City Clerk announced the following bids were received: Name of Bidder True Interest Rate L UMB Bank, n.a., Kansas City, Missouri 3.411506% 2. Piper Jaffry& Co., Minneapolis, Minnesota 3.511172% 3. Robert W. Baird& Co., Inc. Milwaukee, Wisconsin 3.772151% 2. Bernardi Securities, Inc., Chicago, Illinois 3.676972% 3. BOK Financial Securities, Inc. Milwaukee, Wisconsin 3.850456% May 22, 2018 Page 2 147047 - Juon/Schmitt that the Agenda, as proposed, for the Special Session on Tuesday, May 22, 2018, at 4:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Presentation by Speer Financial. 147048 - Juon/Schmitt that"Resolution authorizing the redemption of outstanding General Obligation Bonds, Series 2010A (Taxable Build America Bonds), dated June 29, 2010 and directing Notice of Redemption be given", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2018-353. BOND SALE 147049 - Morrissey/Juon that copies of Call for the Special Session on Tuesday, May 22, 2018, at 4:30 p.m., be received and placed on file. Voice vote-Ayes: Six. Motion carried. 147050 - Morrissey/Amos that proof of publication of Notice of Sale on consideration of the proposition of issuance of not to exceed $10,505,000 General Obligation Bonds, Series 2018A, as published in the Waterloo Courier on May 7, 2018, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 147051 - Morrissey/Amos that "Resolution directing sale of$10,505,000 General Obligation Bonds, Series 2018A to _Robert W. Baird & Co., of Milwaukee, Wisconsin at a rate of 2.9295%", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-354. 147052 - Morrissey/Amos that proof of publication of Notice of Sale on consideration of the proposition of issuance of not to exceed $1,070,000 Taxable General Obligation Bonds, Series 2018B, as published in the Waterloo Courier on May 11, 2016, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 147053 - Morrissey/Amos that "Resolution directing sale of $1,070,000 Taxable General Obligation Bonds, Series2018B to UMB Bank, n.a., of Kansas City, Missouri at a rate of 3.4115%", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-355. ADJOURNMENT CITY OF WATERLOO Council Communication Minutes of May 22, 2018, Special Session, as proposed. City Council Meeting: 5/29/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'iice fflg'a) ; Nmcy Approved 5/23/2018 ... 12.52 PM Submitted by: Submitted By: Page 20 of 179 CITY OF WATERLOO Council Communication Request from Cedar Valley Pridefest for a variance to the Noise Ordinance on Friday,August 24, 2018 from 7:00 p.m. to Midnight and Saturday, August 25, 2018 from Noon to Midnight, in conjunction with the 7th Annual Pridefest Festival, along with the street closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks of Jefferson Street during the event, together with recominendation of approval of the Police Captain. City Council Meeting: 5/29/2018 Prepared: 5/11/2018 REVIEWERS: Department Reviewer Action Date 1"aQiice Depantryieaat Mofilli , Dave panarovcd 5/11/2018 ... 9-.1 p AM t`llefl< (Mice p 1ij.;by, Nancy Approved 5/23/2018 ... 11 JO O AM ATTACHMENTS: Description Type Cedar Vdley Pii1 pa f'e.st vaairua nncc C.over Me.rno Request from Cedar Valley Pridefest for a variance to the Noise Ordinance on Friday. August 24, 2018 from 7:00 p.m. to Midnight and Saturday, SUBJECT: August 25. 2018 from Noon to Midnight, in conjunction with the 7th Annual Pridefest Festival; along with the street closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks of Jefferson Street during the event, together with recommendation of approval of the Police Captain. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request They are requesting the following street closures: 200 block of W. 4th Street at 6:00 p.m. Thursday, August 23rd until 3 p.m. Sunday August 26th. Summary Statement: 300 block of W 4th Street and the 500 and 600 blocks of Jefferson Street from 7 p.m. Friday, August 24th until 5 a.m. Sunday, August 26th. With a request of a noise variance, lighted city barricades, and police department security during the event. Expenditure Required: The event reimburses the City for event security up to $1500. Cost associated with barricade set up and retrieval. Source of Funds: General/Event Page 21 of 179 Background Information: 7th annual event, it is well attended there has been no significant problems with this event. Page 22 of 179 Diversity starts �%���������� �� ������� � ��w ���n ��ww � ������ ��� ������� � ������m � - ~ � Via Email | May 7. 2O18 Captain Dave K8ohKs Waterloo Police Department 71bMulberry St Waterloo, IA 60703 Dear Captain K8oh|im: Cedar Valley Phdefestwould like tothank you and the entire Waterloo Police Department and the City of Waterloo for assisting Cedar Valley Pridefesi(CVP). Asyou may know, the first CVP was held inAugust 2012. The 2017 festival had approximately 4,000 attendees and participants from across Iowa and 21 different states who enjoyed 12 hours of non-stop stage entertainment, 22 community organization information booths and 23merchandise and food vendors, CVP 3O18will beour seventh event. VVeare poised totake abig leap inthe development ofthe event in 2018, We are planning Loadd Friday evening bnour schedule ufactivities. VVebelieve wehave built e solid base from which to grow into the future. As with fast year, CVP will highlight the inclusiveness and diversity ofthe Cedar Valley during ofun and educational day. This letter isformally requesting approval for street closure and anoise variance for this event. Cedar Valley Pridefest(the Festival)will be a public, two-day event providing 17 hours of entertainment, food and beverage, and information |ncelebration ofdiversity. Our event hours ofoperation for 2O18 are: Friday, August 24. 2O1G- 7pmtomidnight Saturday, August 25, 2018—noon to midnight Because of the changes in hours, our street closure and noise variance request is different than in previous years. Please refer hothe details below and the map attached. The area will beconverted toe street festival inorder tofoster ofun, community-minded atmosphere. Our request and our responsibilities are aefollows: 1) 20OB|mohVVeat4mGtnaet(frornCommeroio|boJeffenson)—QomeoGpmThurmday^ Auguot 23and reopens 3pmSunday, August 2G. 2) 8O0Block West 4m(including the Jefferson intersection tonorthbound Washington)and 5OO and 600 blocks Jefferson (from Park Avenue to West 6th Street)—Close at 7 am Friday, August 24and reopen by5am, Sunday,August 25. 3) The Festival will provide all fencing necessary tosecure the entire fest area, Access will be through two controlled entry points (one ot4th and Commercial and one et4yhand northbound Washington). 4) All areas will remain open to pedestrian access during set up and tear down. Pedestrian access will be restricted during the festival operation. 5) The City provides basic street closure barricades for both ends of Fourth Street and both ends ofJefferson, aswell asthe alleys that connect to4ffi Street. Additional barricades provided bythe CVP will supplement City barricades, CEDAR vA|Le1/0 r I d e f Coda'VaNeyP�de.00m � w[ORpox4Tso Page 23 of f71 � � ��° " �,�u�/w-��^ ������e����� ����� � ��m ���m ��mx � starts ��'���� ]�����* � 6) The City provides, event security of at least one uniformed officer and patrol car from 2 pm to 7 pm, Saturday and two officers and a patrol car from 7 pm to midnight on both Friday and Saturday evenings at a cost to the CVP of$1.000bo$1.5OO (to bebilled following event conclusion). Members ofthe organizing committee and volunteers will supplement this security. 7) The Festival will provide acertificate ofinsurance naming the City ofWaterloo aman additional insured (see the attached letter from the Sinnott Agenoy), Liability coverage will be $1million per incidemtl$2million aggregate. 8) To ensure adequate parking, the City will require all overnight postal related parking be moved from under the Highway 218viaduct and seek tominimize City vehicle related parking |Dthe same area onboth Friday and Saturday. A) CVP will provide Black Hawk County Consolidated Dispatch verbal notification at the time street closures are started and once streets are reopened. From conversations our committee members have had with businesses located in the area, the previous events were apositive and beneficial experience. VVewill beworking these businesses again asthe 2O18event nears with the goal mfbuilding mnlast year's success. Additionally, all businesses and property owners will receive aletter outlining details about the event ms|tdraws closer. During first six years, the event has had a great reception from the local business community and individuals with sponsorships by Bud Light(Fahr Beverage), JSA Development, CBE Group, CLINA Mutual, Vand|an. Unity Point, K4edimoorn. NRGMedia and many others. Many of these sponsors are back again insupport ofPhdefest2D18, As with 2017, our committee of seven professionals, who all reside in the City of Waterloo, are staging this event to celebrate and educate the larger community about diversity. Additionally, we strive to demonstrate hothe Cedar Valley and Iowa that Waterloo and Downtown Waterloo are great places for all Iowans tolive and work. Please let me know how wamay beofassistance inexpediting this request and answering any ques||ons. K4ynumber ie773.2552258 and myemail ieDDeedeUN|@hotmaiioom. Binoar | David Deeds for the Cedar Valley PridehastCommittee Attachments Draft festival area map Sinnott Insurance letter � � � | ceoxc VALLE CedarValleyPridhe.00m i/,. defb,,,t v� � mcoxPoe*TEoPage 24 � ",h , r f r iA�NP 1> r r r , ,/l�i�r.,,i✓i9,�ic%,.., ✓/M'/19� rilul�F rerf','� �9" �lIDJ/ �:,�, uk�w�q,Mlri'. nNk'4 �w4� � �...Vr li�i lin ra S SD ' s k (1) 0 Wr �r ri/ CdY N eat ) dietyg4V) )iVrf4a / o w / w 10/p j iAi Y CL 00 �,. CYJ qqu CD r,d" maul. �ryf, �Yr gym,: J f MI'll l IL / rr M a) c r i r r�ri r x r ` �. r r J� ^ r wmwMN OJ1�UttP�i �"� J` ""IFOR p UJ• 0.J Page 25 of 09 Ti-w SEvNoTTAG May 7, 2018 LN C. 622 West 4th Street PIC Box 1918 CEDAR VALLEY PRIDE FEST,INC Waterloo,A 60704-1018 Phone 319-2336103 P.O. BOX 1435 FaX 319.234-8133 WATERLOO, IA 50704 wwwsinnottapncycorn 818 Maiden Lane Iowa City.A 52240 RE: Pride Fest 2018 Phone 319-341-6025 Fax 319-234-8133 Dear David, Per our discussion, we have bound coverage on the insurance policies for the Cedar Valley Pride Fest event effective 8/24-8/25. We will be providing the following coverage: GENERAL LIABILITY $1 million per occurrence/$2 million aggregate -we will include the City of Waterloo and the Convention and Visitors Bureau as additional insureds per your request, LIQUOR LIABILITY $500,000 If you have any questions regarding the coverage, please give me a call or send me an email at tc)!n*4) J 1),11()I tklgqllch' t.tt 1- We appreciate the business. Sincerely, THE SINNOTT AGENCY, INC. Thomas R,Sinnott Slavon M.Sinnott Thomas A.Sinnott Daniel W.Sinnott Page 26 of 179 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Cedar Valley Pride Fest Incorporated APPLICANT'S ADDRESS: PO Box 1435, 922 Mulberry St, Waterloo, 1A 50703 APPLICANT'S PHONE 4: 773.255.2258 ANTICIPATED DATE OF VARIANCE: Friday,August 24 and Saturday,August 25,2018 NAME OF EVENT: Cedar Valley Pridefest 2018 TIMES OF DAY OF VARIANCE: Friday,I pm to 12:30 am Saturday,and Saturday,8 am to Sunday 12:30 am GEOGRAPHICAL LOCATION OF VARIANCE: 200-300 Block of West 4th Street and 500-600 blocks of Jefferson Street ............ DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: -------------------------- There are six buildings with apartments within 300 feet.(217-229 W 4th Street and 612-616 Jefferson). PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A 13AND PLAYING,PA SYSTEM,ETC. L The event will feature 5 hours of programing on Friday,August 24 and 12 hours ..........- on Saturday, August 25. Performances will include DJ, live musical acts, theatrical performances, PA announcements, and related content. Sound checks begin at 1 pm on Friday, August 24 and 8 am on Saturday,August 25. Event ----------- gates are open from 7 pmto midnight Friday and noon to midnight Saturday. eneral crowd noise associated with a street festival, C ; David Deeds ;kwicnni"-s''Signature May 7, 2018 Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: APPROVAL: 4�- DENIAL: DENIAL, DECIBEL LEVEL: (60 IkQi- Page 27 0179 CITY OF WATERLOO Council Communication Request from Riverloop Association Inc. for a variance to the Noise Ordinance from April 30 through November 16, 2018 from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system, together with recommendation of approval of the Police Captain. City Council Meeting: 5/29/2018 Prepared:4/30/2018 REVIEWERS: Department Reviewer Action Date F'ofice Detaartrynent Mohilis, Dave pap)roved 4/30/2018 M t.`Ilcr� Office p pm}nby, Naamcy Approved 5/23/2018 ... 10-.44 AM ATTACHMENTS: Description Type t"iveirioo p A.ssoc \4a7rparbc tt.e(( uc st t."ove.r Memo Request from Riverloop Association Inc. for a variance to the Noise Ordinance from April 30 through November 16, 2018 from 10:00 a.m. to SUBJECT: midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system, together with recommendation of approval of the Police Captain. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Recommend approval of variance request. Summary Statement: Request for noise variance for summer time events being held at the Riverloop Amphitheater and Expo Plaza, west side of the Cedar River. Expenditure Required: Potential expense for placement of barricades for summer events. Source of Funds: General funds Page 28 of 179 R VARIANCE TO NOISE ORDINANCE APPLICANT'S ADDRESS: AppucANrs PHONE ANTICIPATED DATE OF'VARIANCE: yea 'r P k v "' TIMES OF DAYOFVARIANCE: (OCAVVI GEOGRAPHICAL LOCATION 4E VARIANCE: -fe&- DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPER PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE ASID BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, ATOM WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 9-t e ibo h w e- e C VVeCACAt a pplic� Signature Date Con ,, ' av 'DECIBEL LEVEL-., " ° Page 29 of 179' CITY OF WATERLOO Council Communication Request from Shatora Jones, on half of True Believer's Global Outreach E.L.LT.E. Inc., for a variance to the Noise Ordinance on August 18, 2018 from 12:00 p.m. to 3:00 p.m., in conjunction with a back to school drive to be held at Lafayette Park, including food, music and the use of a PA system, together with recommendation of approval of the Police Captain. City Council Meeting: 5/29/2018 Prepared: 5/3/2018 REVIEWERS: Department Reviewer Action Date 1°aadpce Delaar9uurruent Mohilis, Dave Approved 5/"5/2018 . :x:48 PM t.`Ilcrp Office p pm}ni�y, Naumcy Approved 5/23/2018 ... 11-.07 AM ATTACHMENTS: Description Type J.'iru.uc Believers lac,➢; to Sc Boal Bash t."ove.r Memo Request from Shatora Jones; on half of True Believer's Global Outreach E.L.LT.E. Inc.; for a variance to the Noise Ordinance on August 18, 2018 SUBJECT: from 12:0012.m. to 3:00 p.m., in conjunction with a back to school drive to be held at Lafayette Park, including food, music and the use of a PA system together with recommendation of approval of the Police Captain. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request. Back to school event at Lafayette park on August 18th, 2018. Using a P.A. Summary Statement: system for motivational speaker and music while handing out backpacks and school supplies. Expenditure Required: None Source of Funds: None Page 30 of 179 APPLICATION FOR VARIANCE TO NOISE ORDINANCE I ve. APPLICANT'S NAME: LA ' APPLICANT'S ADDRESS: APPLICANT'S PHONE#: ANTICIPATED DATE, OF VARIANCE: NAME OF EVENT: TIMES OF DAY OF VARIANCE: VLZX ���3 ((" lw� GEOGRAPHICAL LOCATION OF VARIANCE., a±i DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING,PA SYSTEM,ETC. �LL)� CA ............. 4,7>(6 rx"(vA a LAL'/ <1 111141-kt ppli6ant's Signature Date CITY COUNCIL ACTION: Police Dept,Recommendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: A\0cx— Page 31 of 179 CITY OF WATERLOO Council Communication Request from Tasha Young for a variance to the Noise Ordinance on June 1, 2018 from Noon to 8:00 p.m. for a graduation parry being held at 1316 Mulberry Street, together with recommendation of approval of the Police C aptain. City Council Meeting: 5/29/2018 Prepared: 5/21/2018 REVIEWERS: Department Reviewer Action Date Poke Departrnent Mohiis, Dave Approved 5/21/:018 2.50 P t.`Ilcap Office p p igby, Naaamcy Approved 5/23/2018 ... i p:p 7 A ATTACHMENTS: Description Type Noise Va1f 0stlJYllct,,,]f4,P ijewig Ta sfiaa Young M<".IC io Request from Tasha Young for a variance to the Noise Ordinance on June 1, SUBJECT: 2018 from Noon to 8:0012.m. for a graduation party being held at 1316 Mulberry Street, together with recommendation of approval of the Police Captain. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Summary Statement: Noise variance request for a residential graduation party. Approved for 90 dba. Expenditure Required: None Source of Funds: None Page 32 of 179 A 1"I'l 11C,kTION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: -h A-PPLICANT'S A-DMESS. V-- APIDLICANT'S PlIONE 4: 0 11-S ANTICIPATED DATE OF VARIANCE: ,'T f t-) NAME OF EVENT: TD,TES OF DAY OF VARIMqCE: GE-OGRAPIECA-T,LOCATION'OF-VARIA--NCE: DISTANCE OF ACTIVITY FROM RESIDENTIAT,PROPERTIES: PLEASE EXPLALN THE EVENT REQIJaWG TTIE VARIANCE AND BE SPECT IC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC, Applicant's Si, tuz�, r Date CITY COUNCIL ACTION: Police Dept. Recommendation v _ _ AllPR,OVAJ-: APPROVAL: DENIAL.- DENIAL: DECIBEL LEVEL: Page 33 of 179 CITY OF WATERLOO Council Communication Request from Full House Productions, LLC dba Spicolfs, for a variance to the Noise Ordinance, on May 24- 27, 2018, in conjunction with the Corn Stock music event, including a beer garden, PA system, and live band music, together with recommendation of approval of the Police Captain. City Council Meeting: 5/29/2018 Prepared: 5/3/2018 REVIEWERS: Department Reviewer Action Date 1 o ce Department Mohiis, Dave Approved 5/3/2018 -52 AM 1.`I1ci1( Office Eveni, 1: eA.mn'a Approved 5/22/2018 ... 10-.51 AM ATTACHMENTS: Description Type SpOco is Vadance, Request est Me".11 io Request from Full House Productions; LLC dba Spicolfs. for a variance to SUBJECT: the Noise Ordinance; on May 24-27, 2018, in conjunction with the Corn Stock music event; including a beerag rden, PA system; and live band music-,- together usictogether with recommendation of approval of the Police Captain. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Request approval This is a four day Corn Stock festival being held at the business location, Summary Statement: 3555 University Ave. Hours of the event are 6:00 p.m. to 11:00 p.m. from May 24th to 27th. This event includes beer garden with live music promoting local and regional artists. Live music will end at 10:00 p.m. each day. Expenditure Required: None Source of Funds: None Page 34 of 179 ATPLICATTOIN FOR VARIANCE TO NOISE ORD11\1ANCE AP P LI C AN-V S NAW: APPLICANT'S ADDRESS: A APPLICANT'S PHONE 4: ` `Tl� —2- —cod> ANTICIPATED DATE OF VARIANCE: NA-VIE OF EVENT: TH4FS CSF DAY OF VARIANCE: CO CL,'O('jRA-PF-fTCA-LLOCA.TIONOF-\fAlUA.NCE-- DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN TE ' EVENT REQUIRING THE VAR-IANCE AND BE SPEC1VIC, INCLUDE GEOGRAPHICAL LOCATION, ANT) WHAT ACTUALLY NVILL EXCEED THE NOISE ORDINANCE, SUCI-1 AS A BAND PLAYING, PA.SYSTEM, ETC. V� 3-j st + 51- A- Ct ✓ eT-4,,,(r` f A,,Celez zl Ar 2-� Applicant's Signatare, ------------ Date CITY COUNCIL ACTION: Police Dept- Recommeiadation APPROVAL: C -L: lie APPROVA DENIAL.- DENIAL: DECIBEL LEVEL: Page 35 of 179 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications,bid documents, etc. and setting a date of bid opening as May 31, 2018 and date of public hearing as June 4, 2018, in conjunction with the mowing contracts for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. City Council Meeting: 5/29/2018 Prepared: 5/16/2018 REVIEWERS: Department Reviewer Action Date 11 p:t::nn ng& Zona iig Sdircoederc,Aric Approved 5/16/2018 AM t-111 (. Office Eveni, 1-eA.r rn pap::roved 5/16/2018 ... 11-26 AM ATTACHMENTS: Description Type Rl B R.k:slu.11k.St floir i3i:.pa Me nio Resolution approving 12reliminaryplans, specifications; bid documents, etc. and setting a date of bid opening as May 2018 and date of public hearing SUBJECT: as June 4, 2018, in conjunction with the mowing contracts for city owned lots generally acquired through Iowa Code 657A; and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson,Community Planning and Development Director Recommended Action: Approval Expenditure Required: To be determined Source of Funds: Nuisance abatement Policy Issue: Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 190 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with Background Information: approximately 10 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 36 of 179 CITY OF WATERLOO,IOWA PLANNING AND ZONING DEPARTMENT NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2018 RESIDENTIAL LOT MOWINGS RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday,May 31, 2018, until 12:00 NOON, for the 2018 MOWINGS as described in the plans and specifications now on file in the City Clerk's office and the Planning and Zoning Department. OPENING OF BIDS All proposals received for the 2018 MOWINGS will be opened in the City Clerk's Office in City Hall,Waterloo, Iowa, on Thursday May 31,2018, at 1:00 p.m., and the proposals will be referred to the Planning and Zoning Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2018 MOWING at the City Council Meeting,Monday, June 4,2018.The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St., and the Planning and Zoning Department, 715 Mulberry Street,Waterloo,Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to mow and/or remove debris from the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately June 4, 2018, through October 31, 2018. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. The bidder shall bid on a per unit price(WITH EACH"Option"treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand- alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REOUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. Page 37 of 179 CONTRACT AWARD The Planning and Zoning Department has divided the contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per-option or a total basis, is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty(30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Planning and Zoning Department for Mowing located at 715 Mulberry St.,Waterloo,Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Planning and Zoning Department. The billing shall include: • Address of properties • Area or time billed for(depending on bid proposals) Published by order of the City Council of said City of Waterloo, Iowa, on the day of 12018 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 38 of 179 CITY OF WATERLOO,IOWA PLANNING AND ZONING DEPARTMENT INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Request for Proposals and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED Alt bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed,prior to the bidding, as to all existing conditions and limitations under which the work is to be perfonned and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws,municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City,will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor,if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. Page 39 of 179 VL MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo,Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to,businesses owned by persons residing in the project area. VIlI. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall,upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications,his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement.The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT,BOND,AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City,may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents,the successful bidder shall,within the period specified in paragraph"A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials,tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall,within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require.The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance Page 40 of 179 with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten(10) days after the prescribed forms are presented for signature, or within such extended period as the City,may grant,based upon reasons determined sufficient by the City,may either award the contract to the next lowest responsible bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed,irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 41 of 179 CITY OF WATERLOO,IOWA PLANNING AND ZONING DEPARTMENT GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents,these terms shall be defined as follows: Contract-means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency(LPA)-means the Planning and Zoning Department. Contractor-means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents -means and shall include the following: Executed Contract or Agreement, Addenda(if any),Invitation for Bids,Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and(Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work,the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night,including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. Page 42 of 179 The Contractor shall avoid damage to existing sidewalks, streets, curbs,pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed.No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives,parking areas,trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation,Automobile,Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo,Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary,non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability (Except automobile) $1,000,000 each occurrence Property Damage Liability (Except automobile) $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each occurrence Removal of Debris, Cleaning,Etc. The Contractor shall periodically, or as directed during the progress of the work,remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion of the work,the Contractor shall remove all debris and equipment provided for the work and put the whole site of the work in a neat and clean condition. Page 43 of 179 CITY OF WATERLOO,IOWA PLANNING AND ZONING DEPARTMENT SPECIFICATIONS for 2018 MOWING(JUNE 4-October 31) SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to mow and from designated areas in accordance with these specifications. References in these specifications to the Planning and Zoning Department shall include the City of Waterloo. PROPERTY MOWING Each lot will be mowed on a as needed basis. The City will be in charge of any large item and tire removal clean up that will be done on any of these properties. Contact the Planning and Zoning Department(319.291.3820) for pickup. Mowing height will be four(4")maximum. Contractor shall be able to abate hedge/volunteer trees where necessary for clearance of sidewalks and other rights-of- way. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Planning and Zoning finds that a property is not in satisfactory condition after the contractor has done the mowing,the contractor shall return to the property and make the necessary corrections without additional costs to the City. On occasion,the next door neighbor may mow a city owned lot at their expense. if the contractor arrives at the property, and the property has been mowed, the contractor shall not bill the city for that parcel. VACANT LOTS There are approximately 190 city owned lots as a part of this contract. A majority of the lots are vacant however,there are approximately 18 dilapidated structures awaiting demolition. The number of lots may vary as the city acquires multiple properties a year through its Dilapidated Housing Taskforce and Iowa Code 657A and through the sale of city owned property. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches,rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations. This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions budget constraints or some lots may be sold throughout the year. GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping,bunching,rutting,uneven or rough cutting. All scalping,bunching, rutting or uneven rough cutting shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. Grass clippings shall not be blown,left or land on any road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians, clippings shall be bagged or mulched straight down. Page 44 of 179 TRIMMING Along with each mowing,the Contractor shall trim around trees, shrubs,poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the Planning and Zoning Department will you be required to edge vegetation growing over curb and sidewalk. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs,pavements, structures, signs, mailboxes, fences, benches,utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of mowing equipment required for this contract: Line trimmers Walk-behind mowers Utility tractors with heavy-duty mowers Hedge trimmers Types of alley/sidewalk overgrowth equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels. Equipment listed on the Bid Form will be reviewed by the Planning and Zoning Department to determine whether it is adequate for this mowing contract. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 5:00 A.M. TO 5:00 P.M. Page 45 of 179 CITY OF WATERLOO,IOWA Planning AND ZONING DEPARTMENT BID FORM for 2018 MOWINGS BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned,being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: Provide all specified as needed mowing and trimming services for city owned lots under 1 acre: Price per lot less than one acre. Price Per Occurrence: dollars ($ ) OPTION B: Provide all specified as needed mowing and trimming services on lots 1 acre or more. Price per acre for lots one acre or more. Price Per Occurrence: dollars ($ ) 2. In submitting this bid,the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty(30) days after Bid Opening, of at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten(10) days after the agreement is presented for signature, and start work within ten(10) days after"Notice to Proceed"is issued. 3. Security in the sum of dollars ($ ) Page 46 of 179 in the form of ,is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non-collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 11. The bidder has attached all applicable forms. 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: Name and Title Page 47 of 179 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo,Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization,including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you,upon request,fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? 17. The undersigned hereby authorizes and requests any person,firm, or corporation to furnish any information requested by the City of Waterloo,Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Page 48 of 179 Dated this day of 120 Name of Bidder By: Title: State of ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 120 Notary Public My commission expires 120 Page 49 of 179 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal,and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ )lawful money of the United States,for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20 ,for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,exceed the penal amount of this obligation as herein stated. By virtue of statutory authority,the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 50 of 179 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) being first duly sworn, deposes and says that: I. He is (Owner), (Partner), (Officer), (Representative), or(Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers,partners, owners, agents,representatives, employees, or parties in interest,including this affiant,has in any way colluded, conspired, connived or agreed, directly or indirectly,with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,to fix any overhead,profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo,Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners, employees, or parties in interest,including this affiant. Signature Title S ub- c bb-e&a+i& -worn,tc)-befiare,we,th'Uk ------- d-ay of-------------------------- 2018. ---------------------------------- ------------------------------------- S 4natz we,, -r t el Myexp�4,es'-------------------------------- Page 51 of 179 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn, deposes and says that: I. He is (Owner), (Partner), (Officer), (Representative), or(Agent) of hereinafter referred to as the"Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2018 MOWINGS in Waterloo, Black Hawk County,Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers,partners, owners, agents,representatives, employees, or parties in interest,including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly,with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo,Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S wU�cv are cL a n&wcwmt-cr befi re.,m.--,thuk ----- dAy of --------------------------- 2018. ------------------------------------ ----------------------------------- S4vlA. "e, 7 Ute, My e.,xpCrek------------------------------- Page 52 of 179 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 1124 6) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex,national origin, economic status, age,mental or physical handicap,political opinions or affiliations. The contractor, subcontractor,vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex,national origin,religion, economic status, age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor,vendor and supplier of goods and services will,in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex,national origin,religion, economic status, age, mental or physical disabilities,political opinion or affiliations. 3. The contractor, subcontractor,vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor,vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affinnative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books,records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations and orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor,vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 53 of 179 8. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex,national origin, economic status, age,mental or physical disabilities. Signed: Appropriate Official Title Date Page 54 of 179 REQUEST FOR PROPOSALS — 2018 MOWINGS The City of Waterloo is soliciting proposals to provide equipment and labor for mowing of City of Waterloo properties (the "Services") on a scheduled or as-needed basis. All proposals shall include a complete price quote. Conditions governing the Services are contained in Exhibit "A", the proposed form of Contract, attached to this RFP and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, May 31, 2018 at 12:00 noon, Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFP FOR 2018 MOWINGS," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. Proposals will be opened on Thursday, May 31, 2018, at 1:00 p.m. Central Time in the City Clerk's office at City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposal(s). B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor")for the City will be those described in the form of Contract attached hereto as Exhibit "A" and the Specifications, which generally include but are not limited to mowing properties on an as-needed basis. C. REQUIRED INFORMATION: 1. See the Waterloo Planning Department bid form. All bids must be submitted on said bid form. 2. Important Exceptions to Contract Documents—The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFP may result in disqualification by reason of non-responsiveness. Page 55 of 179 D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". 7. In the event a contract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerk's Office on Thursday, May 31, 2018. E. MISCELLANEOUS 1. Questions regarding will be directed to Chris Western in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. Page 56 of 179 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE,WORDS USED INTERCHANGEABLY—The word time set for the Proposal opening.Any and all such interpretations CITY refers to the CITY OF WATERLOO, IOWA throughout these or modifications will be in the form of written addenda.All Instructions and Terms and Conditions.Similarly, PROPOSER addenda shall become part of the contract documents and shall refers to the person or company submitting an offer to sell its be acknowledged and dated on the signature page. goods or services to the CITY,and CONTRACTOR refers to the successful bidder. 10. LAWS AND REGULATIONS-All applicable State of Iowa and federal laws, ordinances,licenses and regulations of a 2. PROPOSER QUALIFICATIONS-No Proposal shall be accepted governmental body having jurisdiction shall apply to the award from,and no contract will be awarded to,any person,firm or throughout as the case may be,and are incorporated herein by corporation that is in arrears to the City upon debt or contract,that reference. is a defaulter,as surety or otherwise,upon any obligation to the City,or that is deemed irresponsible or unreliable by the City. If 11. SUBCONTRACTING-No portion of this Proposal may be requested, Proposers shall be required to submit satisfactory subcontracted without the prior written approval by the City. evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary 12. ELECTRONIC SUBMITTAL-Telegraphic and/or proposal offers financial resources to provide the proposed supply/service as sent by electronic devices(e.g.facsimile machines)are not described in this Request for Proposal. acceptable and will be rejected upon receipt.Proposers will be expected to allow adequate time for delivery of their proposal 3. SPECIFICATION DEVIATIONS BY THE PROPOSER-Any either by airfreight, postal service,or other means. deviation from this specification MUST be noted in detail,and submitted in writing in the Proposal.Completed specifications 13. CANCELLATION-Either party may cancel the contract in the should be attached for any substitutions offered, or when event that a petition,either voluntary or involuntary, is filed to amplifications are desirable or necessary.The absence of the declare the other party bankrupt or insolvent or in the event that specification deviation statement and accompanying such party makes an assignment for the benefit of creditors. specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of 14. ASSIGNMENT-Proposer shall not assign the contract or any specification deviation,if applicable,shall be grounds for rejection monies to become due thereunder without the prior written of the item when offered for delivery. If specifications or consent of the City.Any assignment or attempt at assignment descriptive papers are submitted with Proposals,the Proposer's made without such consent of the City shall be void. name should be clearly shown on each document. 15. TAXES-The City of Waterloo is exempt from sales tax and 4. SPECIFICATION CHANGES,ADDITIONS AND DELETIONS- certain other use taxes.Any charges for taxes from which the City All changes in Proposal documents shall be through written is exempt will be deducted from invoices before payment is made. addendum.Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 16. PROPOSAL INFORMATION IS PUBLIC—All documents submitted with any proposal and the proposal shall become public 5. PROPOSAL CHANGES-Proposals,amendments thereto,or documents and subject to Iowa Code Chapter 22,which is withdrawal requests received after the time advertised for otherwise known as the"Iowa Open Records Law". By submitting Proposal opening,will be void regardless of when they were any document to the City of Waterloo in connection with a mailed. proposal,the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials,officers 6. HOLD HARMLESS AGREEMENT-The Contractor agrees to and employees relating to the release of any document or protect,defend, indemnify and hold harmless the City of information submitted. Waterloo, its officials,officers,employees and agents,from and against any and all claims and damages of every kind and nature Each submitting party shall hold the City of Waterloo and its made, rendered or incurred by or in behalf of every person or officials,officers and employees harmless from any claims arising company whatsoever, including the parties hereto and their from the release of any document or information made available employees,that may arise,occur,or grow out of any acts, to the City of Waterloo arising from any proposal opportunity. actions,work or other activity done by the Contractor,its employees,subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE-All proposal prices shall be shown in US Dollars($).All prices must remain firm for the duration of the contract regardless of the exchange rate.All proposal responses must be submitted in English. 8. PAYMENTS-Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 9. MODIFICATION,ADDENDA&INTERPRETATIONS-Any apparent inconsistencies,or any matter requiring explanation or interpretation,must be inquired into by the Proposer in writing at least 72 hours(excluding weekends and holidays)prior to the Page 57 of 179 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2018 MOWING This Contract for mowing(the "Contract") is made and entered into on June 4, 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 twenty-four(24)hours 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 vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-213(1) Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street,it shall be removed by the Contractor. b. 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 c) Contractors shall bag all weeds/grass taller than 12"in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo 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 the Planning and Zoning Department. e) Contractors will trim around all trees, telephone poles,fences, structures, curbs and on the backside of alleys. f) In the event the Planning and Zoning Department 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 involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. h) Properties found in compliance upon arrival of contractor,will not result in additional charges to the City of Waterloo from the Contractor. Page 58 of 179 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo 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 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 (2 1) 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. Because time is of great importance when completing work,the Contractor must notify the City of Waterloo at least two(2)weeks in advance including who will be filling in for them for any planned time off. 13. 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: Page 59 of 179 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. 14. 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. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid,illegal, or unenforceable,whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. 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. 18. 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. IN WITNESS WHEREOF,the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: Page 60 of 179 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2018 MOWING This Contract for mowing(the "Contract") 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: h. This Contract i. Request for Proposals j. Notice of Hearing k. Instruction to Bidders 1. Signed copy of Bid in. General Conditions n. 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 twenty-four(24)hours 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 vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass at their own cost. b) Contractors will abide by ordinance sections a. 7-1-213(1) Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street, it shall be removed by the Contractor. b. 7-1-217 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 c) Contractors shall bag all weeds/grass taller than 12"in residential areas and dispose of the rubbish properly.Disposal can be done at the City of Waterloo 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 the Planning and Zoning Department. e) Contractors will trim around all trees, telephone poles,fences, structures, curbs and on the backside of alleys. f) Contractors must have a camera that will time stamp and date photos. There must be before and after photos taken of the property and include at least two (2) photos measuring the grass with a measuring stick. g) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessary photos required by the Contractor have not been turned into our office. h) In the event the Planning and Zoning Department 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. Page 61 of 179 i) During the mowing of the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. j) Charges for sand, salt or both will be determined by following: The owner shall be charged$15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence. If the property is located on a corner lot the owner of the property shall be charged$30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks. k) Contractor shall remove all involuntary vines,brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. 1) Properties found in compliance upon arrival of contractor,will not result in additional charges to the City of Waterloo from the Contractor. m) Unless prior approval has been given, the City of Waterloo will only be obligated to pay for the work of two people per referral. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo 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 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. Page 62 of 179 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 (2 1) 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. Because time is of great importance when completing referral work,the Contractor must notify the City of Waterloo at least two (2)weeks in advance including who will be filling in for them for any planned time off. 13. 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. 14. 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. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid,illegal, or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid,legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. 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. 18. 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. IN WITNESS WHEREOF,the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Page 63 of 179 Mayor Name of Contractor By: City Clerk Title: Page 64 of 179 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting the date of bid opening as June 7, 2018, and public hearing as June 11, 2018, in conjunction with asbestos abatement services at 807, 809-811 East 4th Street, and instructing City Clerk to publish notice. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date 1° aaaaan'nng& Zona iig Sdircoederc,Aric Approved 5/23/2018 ... 10159 AM 1.1Ilealr Office 1 p igby, Naamy Approved 5/23/2018 ... 11:p 5 A ATTACHMENTS: Description Type 807 1'rr peirly Report Me nio .slaam;sto s Suiirve.y Report Cover l e.n-ao D 8Q19...81.1. Pii:'op;rerty 1�.eport Cover Merra.o RI.,'B Ropa.aest f'or 13ids ('.'over Ma.^>laio Resolution approving 12reliminar plans, specifications; form of contract, etc. SUBJECT: and setting the date of bid opening as June 7. 2018, and public hearing as June 11, 2018, in conjunction with asbestos abatement services at 807, 809- 811 East 4th Street, and instructing City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The properties at 809-811 East 4th Street were acquired through Iowa Code Summary Statement: 657A. The property at 807 East 4th Street was donated to the Boys and Girls Club. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Legal Description for 809-811 East 41b Street Lot No.Three (3) and the north One-half of Lot of Lot No. Two (2) in Block No. Sixty-eight(68) in the Cooley Addition to waterloo, in Black Legal Descriptions: hawk County, Iowa. Page 65 of 179 Legal Description for 807 East 4th Street/525 Pine Street COOLEY ADDITION N 20 FT S 30 FT E 110 FT OF LOT 2 BLK 68, locally known as 807 E. 4TH Street/525 Pine Street, Waterloo, Iowa 50703. Page 66 of 179 1/31/2018 Printable Map Output Black Hawk County Parcel Map Parcel I D: 8913-24-307-008 Deed Holder: LEDERMAN BRAS PROP MOMT CO L L C Contract Buyer: DILLARD,CHARLES Parcel Address: 807 E 4TH ST, WATERLOO, IA 50703 1 F aXurod ruaAnanrp @� MOW Phat- y I d Ulack H-1,Ca. / io fl dxPt v. µarks t.P'.Q 3-h... I City Li— f / l olhnad,.,tlln, rrnatna %i � tostlUlnt wnlnYnenra lr i imrrr�i2.rusri��b'NI�UYIL�� Yh�fi��'"!((vlN6�f ,'�ffudPi&Sfili�M�Y'�, *`•,� r , i ,� amu✓ �p� A1� cr�arato�t ilh r xctlM ' ai vyra�twt 11cl 1"24XVI LSRJ Ing. d �% Black Hawk County,Iowa Map Disclairnor:This map does not represent a survey,No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo, Iowa 50703-4774 Hawk County Assessor or their employees,This reap is compiled from official records, Phone:(319)1333-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax: (319)1333-3070 For local government purposes.See the recorded documents for more detailed legal E-mail:adydot¢sr ri�c�:�lr9au;k,-P�awB.'is.u.rs.�ara information. i I t f 1"f I I I Page 67 of 17� l S 1/31/2018 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION `' Parcel ID Deed Holder Tax Mail to Address $$13'24307-00$ LEDERMAN BROS PROP MGMT CO L L C DILLARD,CHARLES 807 E 4TH ST PDF No. IMap Area Contract Buyer WATERLOO, IA 50703-0000 13 E WATERLOO-C DILLARD,CHARLES PropertyPropeqy Address Current Recorded Transfer 807 E 4TH ST Date Drawn Date Filed Recorded Document pe r 525 PINE ST 6/21/2007 6/26/2007 2007 027647 D WATERLOO, IA 50703-0000 ', SALES BUILDING PERMIT a Date mount NUTC 1 Type Date Number mount Reason 3/51200750,000 INORMAL ARMS-LENGTH 4/16/2007 WA0285 1,100 Siding TRANSACTION - PRIOR 09/Contract 9/13/2002 WA HA 0973 2,000 C 5/1312002 WA 0226 12,000 Int-Remodel 1/25/1999 0053 600 Int-Remodel ASSESSED VALUES/CREDITS Year EEC,— I. 100% Land Multi-Residential Land IDwelling Building ITotal cres Value 2,200 10 10 8,460 50,660 0 Y" Taxable Land Multi-Residential Land Dwelling Building Total Value 1,980 10 0 3,614 5,594 i' i Year Class 2016 C 100% Land Multi-Residential Land Dwellin Buildin otal cres Value 2,200 0 0 8,460 50,660 0 r E ble Land Multi-Residential Land Dwelling Building otal 1,980 0 0 3,614 5,594 Year Class 2015 C 100% Land Multi-Residential Land Dwelling Building otal cres Value 2,200 0 0 8,460 50,660 0 axable Land Multi-Residential Land elling Building otal aloe 1,980 0 0 3,614 5,594 5 0; v' TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF l Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax s Cor 50,660 45,594 0 40.33157 $1,838.88 $1,838.00 Nocorp 0 0 0 0 $0.00 1 Homestead Disabled Veteran Property Tax Relief Ag Business Property Tax Credit Credit Credit Credit Credit Cor $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 s LEGAL COOLEY ADDITION N 20 FT S 30 FT E 110 FT OF LOT 2 BLK 68 a http:l/www2.co.black-hawk.ia.us/websitelbhmap/bhRepDet.asp?apn=891324307008 113 f 1 s 1131/2018 Black Hawk County Detailed Parcel Report LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Sq, Ft. 22 22 100 1DD 0 2200 0.05 !Dimensions Totals: 2200 0.05 COMMERCIAL BUILDINGS AND ADDITIONS T pe Descri tion ear Built rea Stories Store- Retail Small B1-1S C'BLK 1922 1854 1 Style C'Blk- Frame Additional Base Square Feet 1,854 u Information Basement Square Feet 0 GBA Square Feet 1854 Item Quantity Plumbing Toilet Room 2 Lavatory 1 Sink-Kitchen 1 Extras Description Item Count Extended Description EXTERIOR COOLER 1 Quantit =64.00, Units=S uare Feet, Hei ht=0 Description Size Ftr& Fdtn C'Blk or Tile 0: LF Exterior Wall C'Blk or Tile- 0: LF Interior Wall Drywall or Equiv 0: LF Windows Incl, w 1 Base 0: LF of Wall Fronts/Doors Incl. w 1 Base 0: LF Roof 3-PI Compo!Waod Deck 1854: SF Ceiling Suspended Blk-Mineral 1854: SFIStory Verticals & Ceilin Dr wall -Textured 0: SF/Ston Horizontals Struct. Floor R'Concrete 4" 1854: SF Floor Cover Asphalt Tile 1854: SF Partitions Retail Store Small 1854: P/Unit Framin Wood -Avera e 1854: SF HVAC Combination FHA-AC 1854: SF Lighting Retail Store (Small) 1854: SF Exterior Wall Stucco on C'Blk 0: LF Exterior Wall Vinyl - Frame 0: LF Floor Cover Vinyl Sheet 0: SF Ent Status: Inspected i. i ...................................... Page 69 of 17 http://www2.co.black-hawk.ia.us/wobsitelbhniap/bhRepDet.asp?apn=891324307008 3 1/31/2018 Black Hawk County Detailed Parcel Report e r f l` / Nr EXT COOLER NC [641 g& k 7P7 103 l E91.1s CTLK [18641 10 w�.rv. mrvummu,aun�mmor�mmmz;�ry �C1ate Website Last Updated 01/2 512 018 i j i Page 70 of 17 9 http://www2.co,black-hawk.ia.us/website/blii-nap/bhRepDet,asp?apn-891324307008 3 AWK Y I t i r l L ASBESTOS INSPECTION REPORT City of Waterloo 807 / 811 East Fourth Street Waterloo, IA 9G. Project Report Dated: May 17, 2018 Page 71 of 179 AWK Y Iti r L I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. LICENSING OF ACCREDITED INSPECTOR(S) 6. BULK SAMPLE LABORATORY 7. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY E. ASBESTOS CONTAINING MATERIAL PHOTOS Page 72 of 179 AWK Y Iti r L A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION(s) 807 / 811 East Fourth Street Waterloo, Iowa 2. CLIENT CONTACT Chris Western Planning and Zoning Department 715 Mulberry Street Waterloo, IA 3. DATE(s) OF INSPECTION May, 2018 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. INSPECTOR LICENSING State of Iowa License # (s): 17-8789 Cody Henneberry 17-8790 Michael Johnson 6. LABORATORY USED FOR BULK SAMPLE ANALYSIS Environmental Testing Laboratories, Inc. 38900 Huron River Drive Romulus, MI 48174 7. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 201028-0 Page 73 of 179 AWK Y Iti r L B. SCOPE OF WORK Methods and Procedures: The commercial properties at 807 / 811 East Fourth Street, Waterloo, Iowa were inspected for the City of Waterloo prior to scheduled demolition which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA-defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Environmental Testing Laboratories, Inc., of Romulus, Michigan. EMSL is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr(a-DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.govlair/prof/asbestoslasbestos.htmi Page 74 of 179 AWK Y ItI F L INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the buildings will be demolished which has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structures are commercial buildings which are now vacant. These structures are in average to poor condition. Roof or roofing systems were sampled and included in this report. Roofs have been patched / repaired multiple times. All gray/ black patching material from the 811 building is asbestos containing. If the abatement contractor has any questions about quantities or locations of materials, they must contact the owners representative for clarification prior to bid. A representative number of samples were collected from all suspect asbestos building materials. Page 75 of 179 AWK Y Iti r L C. SUMMARY OF ASBESTOS BUILDING MATERIALS 807 East Fourth Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Roof Tar/Patch Gray/Black Freezer Roof 40 LF Mastic/Tar(roof) Black E. Roof Parapet Wall 160 LF Mastic (under 12"tile) Black (dark gray tile) E. Half of Building 990 SF L.S. — Lump Sum (contractor to quantify) All quantities supplied are estimates. Contractors must field verify all material conditions and quantities for bidding purposes. Page 76 of 179 AWK Y ItI r L 811 East Fourth Street Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity None Miscellaneous Materials Material Description Location Quantity Chimney Tar Black Roof <40 LF Tar/ Mastic(parapet cap) Gray/Black Roof 40 LF Roof(including roof Roof Flashing (all layers) Black penetrations and curbs) 250-275 LF Tar Patch (roof field) Gray/Black Roof throughout L.S. L.S. — Lump Sum (contractor to quantify) All quantities supplied are estimates. Contractors must field verify all material conditions and quantities for bidding purposes. Page 77 of 179 AWK Y I t i r I IIL BULK SAMPLE ANALYSIS City of Waterloo 807 / 811 East Fourth Street Waterloo, Iowa Page 78 of 179 ENVIRONMENTAL TESTING LABORATORIES, INC. 38900 HURON RIVER DRIVE,SUITE 200 RoMULUS,MICHIGAN 48174 (734)955-6600 REVISED REPORT FAX:(734)955.6604 To : Hawkeye Environmental Project Location 814 Wood Lily Rd 807 E.4th St. Solon, IA 52333 Attention : Steve Henneberry Client Project : N/A ETC Job : 206563 Report Date : 5/17/2018 Login# Sample ID Work Requested Completed 728669 001 Asbestos Analysis 5/15/2018 728670 002 Asbestos Analysis 5/15/2018 728671 003 Asbestos Analysis 5/15/2018 728672 004 Asbestos Analysis 5/15/2018 728673 005 Asbestos Analysis 5/15/2018 728674 006 Asbestos Analysis 5/15/2018 728675 007 Asbestos Analysis 5/15/2018 728676 008 Asbestos Analysis 5/15/2018 728677 009 Asbestos Analysis 5/15/2018 728678 010 Asbestos Analysis 5/15/2018 728679 011 Asbestos Analysis 5/15/2018 728680 012 Asbestos Analysis 5/15/2018 728681 013 Asbestos Analysis 5/15/2018 728682 014 Asbestos Analysis 5/15/2018 728683 015 HA#1 Asbestos Analysis 5/15/2018 728684 016 HA#1 Asbestos Analysis 5/15/2018 728685 017 HA#1 Asbestos Analysis 5/15/2018 728686 018 HA#2 Asbestos Analysis 5/15/2018 728687 019 HA#2 Asbestos Analysis 5/15/2018 728688 020 HA#2 Asbestos Analysis 5/15/2018 This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal ('government. It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. if the reader of this inforniation is not the intended recipient or an employee of its intended recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have receivthis Page e 79 of 1 Of f information in error,please notify ETL immediately. Thank you. g Client Project : N/A ETC Job : 206563 Report Date : 5/17/2018 Login# Sample ID Work Requested Completed 728689 021 Asbestos Analysis 5/15/2018 728690 022 Asbestos Analysis 5/15/2018 728691 023 Asbestos Analysis 5/15/2018 728692 024 Asbestos Analysis 5/15/2018 728693 025 Asbestos Analysis 5/15/2018 728694 026 Asbestos Analysis 5/15/2018 728695 027 Asbestos Analysis 5/15/2018 728696 028 Asbestos Analysis 5/15/2018 728697 029 Asbestos Analysis 5/15/2018 728698 030 Asbestos Analysis 5/15/2018 728699 031 Asbestos Analysis 5/15/2018 Reviewed by: 1. Quality Assurance Coordinator This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. if the reader of this information is not the intended recipient or an employee of its intended recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have receivthis 80 of 1 Page 2 Of f information in error,please notify ETL immediately. Thank you. g cw5 Environmental Testing Laboratories,Inc. IMCA�qCertificate of Analysis Suite Huron River Drive, Y11D'!'' Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728669 Tar Grey 93%Other 7%Chrysotile 001 Non-Fibrous Freezer Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728670 Vent Tar Black/Grey 5%Cellulose 95%Other None Detected 002 Non-Fibrous Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728671 Parapet Mastic Black 2%Cellulose 95%Other 3%Chrysotile 003 Non-Fibrous NE Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728672 Flashing Black 2%Cellulose 98%Other None Detected 004 Non-Fibrous NE Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728673 Tar Paper Black 50%Cellulose 50%Other None Detected 005 Fibrous NE Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728674 Roof Field Black 2%Cellulose 98%Other None Detected 006 Non-Fibrous Bottom NE Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 3 Of 8 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are g related to only to samples that were tested. Page 81 of 179 cw5 Environmental Testing Laboratories,Inc. IMCA�qCertificate of Analysis Suite Huron River Drive, Y11D'!'' Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728675 Roof Field Black 2%Cellulose 98%Other None Detected 007 Non-Fibrous Middle NE Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728676 Roof Field Black 2%Cellulose 98%Other None Detected 008 Non-Fibrous Top NE Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728677 Shingle Black/Green 1%Cellulose 99%Other None Detected 009 Non-Fibrous Bottom-SW Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728678 Shingle Black/Grey 1%Cellulose 99%Other None Detected 010 Non-Fibrous Middle-SW Roof Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728679 Roof Field Black 1%Cellulose 99%Other None Detected 011 Non-Fibrous Over Shingles Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728680 Roof Membrane Grey 1%Cellulose 99%Other None Detected 012 Non-Fibrous Roof Membrane Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 4 Of 8 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are g related to only to samples that were tested. Page 82 of 179 cw5 Environmental Testing Laboratories,Inc. IMCA�qCertificate of Analysis Suite Huron River Drive, Y11D'!'' Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728681 Drywall White 3%Cellulose 97%Other None Detected 013 Non-Fibrous West Room Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728682 Drywall Tape White 100%Other None Detected 014 Fibrous West Room Homogenous Analyst:Liliane Mason Date Analyzed: 05/15/2018 728683 Drywall Joint Compound White 1%Cellulose 99%Other None Detected 015 HA#1 Non-Fibrous West Room Homogenous Layer-1 Analyst:Liliane Mason Date Analyzed: 05/15/2018 728683 Texture White 1%Cellulose 99%Other None Detected 015 HA 91 Non-Fibrous West Room Homogenous Layer-2 Analyst:Liliane Mason Date Analyzed: 05/15/2018 728684 Drywall Joint Compound White 100%Other None Detected 016 HA 91 Non-Fibrous Bathroom Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728685 Drywall Joint Compound White 100%Other None Detected 017 HA#1 Non-Fibrous NE Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 5 Of 8 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are g related to only to samples that were tested. Page 83 of 179 cw5 Environmental Testing Laboratories,Inc. IMCA�qCertificate of Analysis Suite Huron River Drive, Y11D'!'' Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728686 Spray Applied Texture White 100%Other None Detected 018 HA#2 Non-Fibrous West Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728687 Spray Applied Texture White 100%Other None Detected 019 HA#2 Non-Fibrous West Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728688 Spray Applied Texture White 1%Cellulose 99%Other None Detected 020 HA#2 Non-Fibrous West Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728689 Plaster Brown 100%Other None Detected 021 Non-Fibrous NE Corner Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728690 Plaster Brown 100%Other None Detected 022 Non-Fibrous SE Corner Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728691 Plaster Brown 100%Other None Detected 023 Non-Fibrous Closet Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 6 Of 8 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are g related to only to samples that were tested. Page 84 of 179 cw5 Environmental Testing Laboratories,Inc. IMCA�qCertificate of Analysis Suite Huron River Drive, Y11D'!'' Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728692 Exterior Plaster Grey 3%Fiberglass 97%Other None Detected 024 Non-Fibrous Exterior Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728693 Exterior Plaster Grey 2%Cellulose 98%Other None Detected 025 Non-Fibrous Exterior Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728694 12 In.Floor Tile Dark Grey 100%Other None Detected 026 Non-Fibrous E Half Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728695 Mastic Black 2%Cellulose 96%Other 2%Chrysotile 027 Non-Fibrous E.Half Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728696 12 In.Floor Tile Light Grey 100%Other None Detected 028 Non-Fibrous W.Half Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728697 Mastic Black 100%Other None Detected 029 Non-Fibrous W.Half Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 7 Of 8 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 8 f 179 related to only to samples that were tested. Environmental Testing Laboratories,Inc. IMCALL:qcw5 Certificate of Anal sis Suite Huron River Drive, Y ID!11 Suite 200,Romulus,Michigan 48174, (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206563 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 807 E.4th St. Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728698 Linoleum Cream 80%Cellulose 20%Other None Detected 030 Fibrous E.Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 728699 2x4 Ceiling Tile White 45%Cellulose 5%Other None Detected 031 Fibrous 50%Mineral wool E.Room Homogenous Analyst:Renee Renauer Date Analyzed: 05/15/2018 Lab Supervisor/Other Signatory "----,_-..- Analyst: Liliane Mason Analyst: Renee Renauer 400 Point Count Results by EPA 600/R-93/116 PLM(denoted by"PC") Item 198.1:PLM Methods for Identifying and Quantitating Asbestos in Bulk Samples Item 198.6:PLM Methods for Identifying and Quantitating Asbestos in Non-Friable Organically Bound Bulk Samples EPA 600/R-93/116:Method for Determination of Asbestos in Bulk Building Materials EPA 600/M4-82-020:Interim Method for Determination of Asbestos in Bulk Insulation Samples ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 8 Of$ considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are g related to only to samples that were tested. Page 86 of 179 ENVIRONMENTAL TESTING LABORATORIES,INC Asbestos/Mold �I 38900 HURON RIVER DRIVE iIb�uik Asb ROMULUS,MICHIGAN 48174 M (734)955-6600 Chain of Custody FAR:(734)9922261 wwvv.2etl.corn ETL Project##: Client:Hawkeye Environmental Contact:Steve Henneberry Project Location/Name: Phone:319-333-7420 Address: Fax: yiv ^ 814 Wood Lily Road,Solon,IA 52333 — ..........—.— E-mail:Steve@hawkeyeenv.com Client Project#: ._.........................--.----------- ---------- - — - Please Provide Results: a Email ❑ Fax ❑Verbal ❑Other Date Sampled: h - Turnaround Time(TAT): ❑RUSH(2 hrs) ❑Same Day ❑24 hrs 48 hrs ❑Standard(3-5 days) El Other Asbestos PLM/Mold Instructions (Check all that apply) PLM EPA600/R-93/116, 1993 (Standard method) F.q Stop at 1st Positive: Yesy /No Point Counting: Yes ❑ / No ❑ *400 Points ❑ *1000 Points ❑ Clearly Mark Homogenous Group Point Counting Criteria: •Gravimetric Reduction❑ *Nuisance Dust Mold Air ❑ Mold rape ❑ Mold Bulk ❑ _ *Soil or Vermiculite Analysis❑ 'Additional charge and turnaround may be required Lab ID Sample ID Sample Location Material Description/Volume 06 f l Ci�S �"i C KI lLr-4 � NSM (/ co(J.' " P,6V3 Vr i rl ✓� Date Time _ ! Hawkeye Environmentaly Relin uislled Name/Or anization: .� °"'�"�P y � �"`7 6✓ �'C/ a..._AMI .� Received NameIETL: _._._—_.__. tiff PM Stereoscopical/Sample Analysis NamelETL.: Special Instructions: Remarks: **IN ORDER TO ENSURE RESULTS BY SPECIFIED TAT,THE LAB MUST BE EMAILED./CALLED WITH THE QUANTITY OF SAMPLES TO BE SHIPPED OR DROPPED OFF "RUSHES ARE NOT ACCEPTED AFTER 3:00 PM AND SAME DAYS ARE NOT ACCEPTED AFTER 2:00 PM Page____�—of. Form ETL206:Chain of Custody',Revision B Page 87 of 179 ENVIRONMENTAL TESTING LABORATORIES,INC &' 88904 HURON RIVER DRIVE Brink Asbestosq�l ll RomuLUS,MICHIGAN 4817A. (734)965.6600 Chain of Custody FAX:(734)992.2261 www.2etl.com ETL Project#: Additional Pages of the Chain of Custody are only necessary if needed for additional sample information �. Lab ID Sample ID Sample Location Material DescriptionNolume t �- 4_.....:_....I.�'� .--......_�.. '' + -------C.n..1 t�1' -�-,t.L. I+ f I t t 1 L f`P� z '` l s Ct o t t � t t ! �i 4 q i _- -------------- ------ �� ------- -- - l C 4 t L( P 7 ; yZ '� ' / lJ kl't.:r(" v ! yill Page 2of Page 88 of 179 i r/ a 1 i paiV "6 r f �;.. � r p a W ,; 14, r ✓a 'GM fi'" "° 'p d co 1 „'u�� p � cu , a Q_ aSA u rt " i f r rotl m r " y y (a` v �hrl my Al, x r ill,'ilii//111,(JJ%r�r ��i,,.t � Al f ..........., me. (Jooa a01000) oilsew ael p ...® ;,�� I ............... 1 i —11 .....m �u oopoleM `199ailS yljno,:l IseD Lob ENVIRONMENTAL TESTING LABORATORIES, INC. 38900 HURON RIVER DRIVE,SUITE 200 RoMULUS,MICHIGAN 48174 (734)955-6600 FAX:(734)955.6604 To : Hawkeye Environmental Project Location 814 Wood Lily Rd 811 E 4th St Waterloo IA Solon, IA 52333 Attention : Steve Henneberry Client Project : N/A ETC Job : 206565 Report Date : 5/16/2018 Login# Sample ID Work Requested Completed 728701 001 Asbestos Analysis 5/15/2018 728702 002 Asbestos Analysis 5/15/2018 728703 003 Asbestos Analysis 5/15/2018 728704 004 Asbestos Analysis 5/15/2018 728705 005 Asbestos Analysis 5/15/2018 728706 006 Asbestos Analysis 5/15/2018 728707 007 Asbestos Analysis 5/15/2018 728708 008 Asbestos Analysis 5/15/2018 728709 009 Asbestos Analysis 5/15/2018 728710 010 Asbestos Analysis 5/15/2018 728711 011 Asbestos Analysis 5/15/2018 728712 012 Asbestos Analysis 5/15/2018 728713 013 Asbestos Analysis 5/15/2018 728714 014 Asbestos Analysis 5/15/2018 728715 015 Asbestos Analysis 5/15/2018 728716 016 Asbestos Analysis 5/15/2018 728717 017 Asbestos Analysis 5/15/2018 728718 018 Asbestos Analysis 5/15/2018 728719 019 Asbestos Analysis 5/15/2018 728720 020 Asbestos Analysis 5/15/2018 This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal ('government. It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. if the reader of this inforniation is not the intended recipient or an employee of its intended Page 1 Of 9 � recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have receivais information in error,please notify ETL immediately. Thank you. ge 90 of 179 Client Project : N/A ETC Job : 206565 Report Date : 5/16/2018 Login# Sample ID Work Requested Completed 728721 021 Asbestos Analysis 5/15/2018 728722 022 Asbestos Analysis 5/15/2018 728723 023 Asbestos Analysis 5/15/2018 728724 024 Asbestos Analysis 5/15/2018 728725 025 Asbestos Analysis 5/15/2018 728726 026 Asbestos Analysis 5/15/2018 728727 027 Asbestos Analysis 5/15/2018 728728 028 Asbestos Analysis 5/15/2018 728729 029 Asbestos Analysis 5/15/2018 728730 030 Asbestos Analysis 5/15/2018 728731 031 Asbestos Analysis 5/15/2018 728732 032 Asbestos Analysis 5/15/2018 728733 033 Asbestos Analysis 5/15/2018 728734 034 Asbestos Analysis 5/15/2018 Reviewed by: ���� Quality Assurance Coordinator This report is intended for use solely by the individual or entity to which it is addressed. This report may not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. It may contain information that is privileged, confidential and otherwise exempt by law from disclosure. if the reader of this information is not the intended recipient or an employee of its intended Page 2 Of 9 recipient, you are herewith notified that any dissemination, distribution or copying of this information is strictly prohibited. If you have receivis information in error,please notify ETL immediately. Thank you. Page 91 of 179 cw5 Environmental Testing Laboratories,Inc. MW1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728701 Chimney Tar Black/Grey 1%Cellulose 94%Other 5%Chrysotile 001 Non-Fibrous Chimney Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728702 Parapet Cap Mastic Black/Grey 2%Cellulose 93%Other 5%Chrysotile 002 Non-Fibrous Parapet Cap Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728703 Built Up Roof Black 25%Cellulose 75%Other None Detected 003 Non-Fibrous Roof Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728704 Roof Membrane Black 50%Cellulose 50%Other None Detected 004 Fibrous Roof Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728705 Vent Tar Black/Grey 10%Cellulose 90%Other None Detected 005 Non-Fibrous Vent Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728706 Shingle-Top Black/Grey 2%Cellulose 91%Other None Detected 006 Non-Fibrous W Roof 7%Fiberglass Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 3 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 92 of 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728707 Shingle-Middle Black 2%Cellulose 93%Other None Detected 007 Non-Fibrous ° W Roof 5/°Fiberglass Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728708 Shingle-Bottom Black/Brown 40%Cellulose 60%Other None Detected 008 Non-Fibrous W Roof Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728709 Flashing Black 10%Cellulose 83%Other 7%Chrysotile 009 Non-Fibrous Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728710 Tar Paper-Under Flash Black 70%Cellulose 27%Other 3%Chrysotile 010 Fibrous Under Flash Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728711 Roof Tar/Patch Black/Grey 3%Cellulose 92%Other 5%Chrysotile 011 Non-Fibrous Roof Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728712 2x4 Ceiling Tile White 60%Cellulose 20%Other None Detected 012 Fibrous 20%Mineral wool Ceiling Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 6001 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 4 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 93 of 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728713 Plaster Grey 4%Cellulose 96%Other None Detected 013 Non-Fibrous Bathroom Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728714 Skim Green/Grey 3%Cellulose 97%Other None Detected 014 Non-Fibrous Bathroom Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728715 Plaster Grey 4%Cellulose 96%Other None Detected 015 Non-Fibrous Rear Entry Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728716 Skim Green/Grey 2%Cellulose 98%Other None Detected 016 Non-Fibrous Rear Entry Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728717 Plaster Grey 3%Cellulose 97%Other None Detected 017 Non-Fibrous Main Area Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728718 Skim Green/Grey 4%Cellulose 96%Other None Detected 018 Non-Fibrous Main Area Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 5 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 94 of 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728719 Drywall Grey 5%Cellulose 95%Other None Detected 019 Non-Fibrous N Room Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728720 Joint Compound White 1%Cellulose 99%Other None Detected 020 Non-Fibrous N Room Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728721 Joint Compound White 2%Cellulose 98%Other None Detected 021 Non-Fibrous N Room Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728722 Joint Compound White 1%Cellulose 99%Other None Detected 022 Non-Fibrous N Room Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728723 1x1 Ceiling Tile Grey 40%Cellulose 15%Other None Detected 023 Fibrous 45%Mineral wool Bathroom Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728724 Adhesive Puck Brown 3%Cellulose 72%Other None Detected 024 Non-Fibrous 25%Mineral wool Bathroom Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 6001 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Pane 6 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 95.of 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728725 Wall Texture White 3%Cellulose 97%Other None Detected 025 Non-Fibrous Main Area Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728726 Wall Texture White 2%Cellulose 98%Other None Detected 026 Non-Fibrous Main Area Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728727 Wall Texture White 2%Cellulose 98%Other None Detected 027 Non-Fibrous Main Area Homogenous Analyst:Jessica Dilworth Date Analyzed: 05/15/2018 728728 12x12 Floor Tile Beige 3%Cellulose 97%Other None Detected 028 Non-Fibrous Main Area Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 728729 12x12 Floor Tile Green 3%Cellulose 97%Other None Detected 029 Non-Fibrous Main Area Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 728730 Mastic Black 2%Cellulose 98%Other None Detected 030 Non-Fibrous Main Area Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 7 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 96 of 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728731 12x12 Floor Tile Red 1%Cellulose 99%Other None Detected 031 Non-Fibrous N Room Homogenous Layer-1 Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 728731 Glue Tan 3%Cellulose 97%Other None Detected 031 Non-Fibrous N Room Homogenous Layer-2 Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 728732 Blown-in Insulation Brown 1%Cellulose 99%Other None Detected 032 Fibrous Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 728733 Exterior Plaster Grey 2%Cellulose 98%Other None Detected 033 Non-Fibrous Exterior Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Pa e 8 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 9Tof 179 related to only to samples that were tested. cw5 Environmental Testing Laboratories,Inc. MV1%� Certificate of Analysis Suite HuronRiverDrive, y I'm', Suite 200,Romulus,Michigan 48174, ' (734)955.6600,Fax:(734)955.6604 Polarized Light Microscopy Asbestos Analysis Report ETC Job : 206565 To : Hawkeye Environmental Client Project N/A 814 Wood Lily Rd Date Collected : 05/14/2018 Solon,IA 52333 Date Received : 05/15/2018 Location : 811 E 4th St Waterloo IA Sample Description Appearance % Fibrous %Non-Fibrous %Asbestos 728734 Exterior Plaster Grey 3%Cellulose 97%Other None Detected 034 Non-Fibrous Exterior Homogenous Analyst:Yanesa Guzman Date Analyzed: 05/15/2018 Lab Supervisor/Other Signatory Analyst: Jessica Dilworth f Analyst:Yanesa Guzman 400 Point Count Results by EPA 600/R-93/116 PLM(denoted by"PC") Item 198.1:PLM Methods for Identifying and Quantitating Asbestos in Bulk Samples Item 198.6:PLM Methods for Identifying and Quantitating Asbestos in Non-Friable Organically Bound Bulk Samples EPA 600/R-93/116:Method for Determination of Asbestos in Bulk Building Materials EPA 600/M4-82-020:Interim Method for Determination of Asbestos in Bulk Insulation Samples ETL, Inc. maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced without written approval by ETL, Inc. Test Method EPA 600/R-93-116& EPA 600/104-82/020 or NYSDOH-ELAP item 198.1 and/or 198.6 was used to analyze all samples. Matrix interference and/or resolution limits (i.e. detecting asbestos in non-friable organically bound materials) may yield false results in certain circumstances. Quantitative transmission electron microscopy (TEM) is currently the only method that can pronounce materials as non-asbestos containing. Interpretation and use of test results are the responsibility of the client. ETL, Inc. is not responsible for the accuracy of the results when requested to physically separate and analyze layered samples. Any PLM results below 10% should be re-analyzed using the EPA recommended Point Count method. Any material that has greater than 1% asbestos content is Page 9 of 9 considered to be an Asbestos Containing Material (ACM). These materials are regulated by both OSHA and the EPA and must be treated accordingly. Results are Page 98 of 179 related to only to samples that were tested. I I ENVIRONMENTAL TESTING L.,ABORATORIES,INC 38900 HURON RIVER DRIVE Bulk Asbestos/Mold ROMULUS,MICHIGAN 48174 (734)955-6600 Chain Of Custody FAX:(734)992-2261 www,2cti.corn ETL Project#: 15 Client: Contact:Steve Henneberry Project Location! a e: Hawkeye Environmental ----- ----------- � r art' 'i ` Phone:319-333-7420 Address: Fax: wc^^_ �bu i 814 Wood Lily Road,Solon,IA 52333 ----------------- ------------ E-mail:Steve@hawkeyeenv.comClient Project#: ------------------ .- ------------- -------------- ---------- Please Provide Results: In Email o Fax ❑Verbal o Other Date Sampled: i Turnaround Time(TAT): ❑RUSH(2 hrs) ❑Same Day ll 24 hrs J 8 hrs ❑Standard(3-5 days) (J Other_ Asbestos PLMIMold Instructions (Check all that apply) PLM EPA600/R-93/116, 1993 (Standard method) ® Stop at 1st Positive: Yes !No ca Point Counting: Yes n/ No ❑ *400 Points ❑ *1000 Points ❑ Clearly Mark homogenous Group Point Counting Criteria: "`Gravimetric Reduction o *Nuisance Dust r; Mold Air LiMold Tape ❑ Mold Bulk n *Soil or Vermiculite Analysis u *Additional charge and turnaround may be required Lab ID Sample ID Sample Location Material DescriptionNolume A.4 Ll fi o but 4 Date Time Reun udshedarnelor anizati©n: �r /Hawkeye Environmental " � } AMI MV ) Received Name/ETL): AM/ M Stereosco icallSam Ie Analysis No eIETL: =Ons: Remarks; **IN ORDER TO ENSURE RESULTS BY SPECIFIED TAS,THE LAB MUST BE EMAILED/CALLED wrrH THE QUANTITY OF SAMPLES TO BE SHIPPED OR DROPPED OAF **RUSHES ARE NOT ACCEPTED AFTER 3:00 PM AND SAME DAYS ARE NOT ACCEPTED AFTER 2.:00 PM Page_L of Form ETL206:Chain of Custody;Revision B Page 99 of 179 ENVIRONMENTAL TESTING LABORATORIES,INC 38900 HURON RIVER DRIVE Bulk Asbestos ROMULUS,MICHIGAN 48174 (734)555-6600 Chain of Custody FAX:(734)952-2261 www,2Meti.com ETL Project#: =V:::� Additional Wages of the Chain of Custody are only necessary if needed for additional sample information Lab ID Sample ID Sample Location Material DescriptionNolume 114' .✓ � C. ......_ Kit"�tW✓k LAGi� °t �J r� lh. 4k1 ✓I 1 C Ivr t - ---- -------- y/t/Icn �� r ( f1 y ct(fU( N4 GCS 'i del t. _— 01 Y—tAL Page_ of Page 100 of 179 sYh l; J y, mf,rR / f' I r, U Q ' 07 yF � r co cz `N O T i O � Y O a) (D lid/j��i r d CL O co Ind 1;F' !! O O Q LL 0 U) / OL LLI N ca TLL CO � 1111111 VV , i r 1 t! r III1 l V 11 I i r, .. .. .. '''fir � ..... f 1131/2018 Printable Map Output Black Hawk Caulnfi Parcel Map Parcel ID: 8913-24-307-0107 Deed Holder: CITY OF WATERLOO Parcel Address: 809-811 E 4TH ST, WATERLOO, IA 50703 LoSWnd 8 Ia'ctnd pacdt ii/ 7, hmriel PMatae d each c4. '1f Plrodapt !l w ,!t 11t ✓ ;u n7Ak/�l s Pork._ parMs t.pmp 0i R Itroadn i' 7 T 010. 9 oliana 1 �r„1 /r�lrtII � a 1� 1' Walur RltlhfarofwaA9 f r // � i { 1 i. T-11111P City U— f r 6 ��dNill re , rt M —ddlm iY 1� r � m/ �rir w 10 Y I I tY a ypp I 6 �iili,l D l�l 1 �I�II ��fjlY lY Veli 'i I JJh v. r 1 a ll �i d ” / u Mntr c,raam oil wdh Arc1hlS,Co#yrujlit gC11902,2001 k SRAlrm," Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the accuracy 316 East 5th Street of the data delineated herein,either expressed or implied by Black Hawk County,the Black Waterloo,Iowa 50703-4774 Hawk County Assessor or their employees.This map is compiled from official records, Phone:(319)833-3002 including plats,surveys,recorded deeds,and contracts,and only contains information required Fax:(319)833-3070 for local government purposes.See the recorded documents for more detailed legal E-mail:a sdakrsra'te,ra.tairlr,ix.Lrraw Wr ua,u.us.r�ra information. y 'r i j t t n i i I I Page 102 of 179 1/1 is f 113112018 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address s f $913-24-307-007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer TTN: FINANCE DEPARTMENT 13 E WATERLOO-CWATERLOO, IA 50703-0000 Propert Address Current Recorded Transfer 809-811 E 4TH ST Date Drawn Date Filed Recorded Document pe WATERLOO, IA 50703-0000 6/14/2017 6/16/2017 2017 022168 D i' SALES BUILDING PERMIT Date mount NUTC 1 Type Date Number Amount Reason 1312013 49,109 VACANT BUILDING- 12!Contract 7/25/2008 WA 04700 5,000C 6/20/2012 4,000 SALE WITH CONSIDERATION PAID 7/25/2008 WA 04701 5,000 C FOR REAL PROPERTY OF$10,000 OR 712512008 WA 04702 5,000 C LESS - 121 Deed 7/25/2008 WA 04703 5,000 IC 7116120091,251 SHERIFF OR TAX SALE -09111 1 Deed 1/27/2006 65,000 NORMAL ARMS-LENGTH TRANSACTION - PRIOR 091 Contract ASSESSED VALUESICREDITS Year Class 2017 JE t 100% Land Multi-Residential Land IDwelling Building otal cres I Value 10,800 0 0 20,600 31,400 0 Taxable Land Multi-Residential Land Dwellin Buildin otal Value 10,800 0 0 20,600 31,400 Year Iciass 2016 C 100% Land Multi-Residential Land DwellingBuilding otal cres Value 10,800 0 10 120,600 31,400 0 Taxable Land Multi-Residential Land Dwellin Building otal alue 9,720 0 0 18,540 28,260 Year Iclass 2015 C 100% Land Multi-Residential Land Dwelling Building otal cres alue 10,800 0 0 20,600 31,400 0 Taxable Land Multi-Residential Land Dwelling Building Total Value 9,720 0 10 118,540 28,260 TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018 IGINNIM Tax District 941311 -WATERLOO LOGAN UR AMD1 TIF Gross Valueaxable Value Military Exemption Levy Rate Gross Tax Net Tax COTE 31,400 128,260 4 0.33157 $1,139.77 $72200 Nocor 0 0 $0.00 Homesteadisabled Veteran Property Tax Relief Ag Business Property Tax Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $418.69 Nocorp $0.00 Page 103 of 179 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 113 f I k 1/31/2018 Black Hawk County Detailed Parcel Report LEGAL COOLEY ADDITION N 30 FT LOT 2 BLK 68 ALL LOT 3 BLK 68 K LAND Basis Front Rear Side 1 Side 2 Lot Area cres Sq. Ft. 90 90 160 160 0 14400 0.331 !Dimensions Totals: 14400 0.331 i COMMERCIAL BUILDINGS AND ADDITIONS Type Description ear Built rea Stories Store- Retail Small 131-1S C'BLK 1912 2868 1 Style C'Blk- Frame Additional Base Square Feet 2,868 Information Basement Square Feet 0 GBA Square Feet 2868 Item Quantity Plumbing Toilet Room 3 Lavator 1 ExtrasDescription Item Count Extended Description Porch Commercial 1 30 SF, Porch, Average Pricing Description Size Ftr& Fdtn C'Blk or Tile 0: LF Exterior Wall C'Blk or Tile- 0: LF Interior Wall Panel -Softwood 0: LF i. Interior Wall Plaster on Metal 0: LF Wall Facing Cement Brick Venee 0: SF Endows Incl.w 1 Base 0: LF of Wall Fronts/Doors Incl.w/Base 0: LF Verticals & Roof 3-Ply Compo/Wood Deck 2868: SF Horizontals Ceilin Dr wall 2868: SF/Story Ceilin Sus ended Blk-Mineral 0: SF/Story Struct. Floor 4" R'Concrete 2868: SF Floor Cover Asphalt Tile 2868: SF Floor Cover Car et 0: SF Partitions Retail Store(Small 2868: P/Unit Framing Wood -Average 2868: SF HVAC Combination FHA-AC 868: SF L!2htinq Retail Stare Small 2868: SF Entry Status: Estimated Page 104 of 179 http://www2,co,black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 213 1/31/2018 Black Hawk County Detailed Parcel Report ' WWI %1/%, I 1k 0111U� r r � �� ..�,...,„ ,,,,, �✓arra rrmrr�uw�aw�r r� �Y• r, v 18 41 1$ 1U1 BMS UBLK (266 ] so 8 12 12 18 C'BLK QP yq W9r1WfYdYIRJPRSG�9b2(rvA�i Date Website LastUpdated: 01/25/2018 Page 105 of 179 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324307007 3/3 CITY OF WATERLOO , IOWA Request for Proposal June 2018 ASBESTOS ABATEMENT SERVICES 807 and 809-811 East 4th Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Chris Western-Project Manager Page 106 of 179 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 omo Thursday June 7, 2018. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: June 23, 2018 Mandatory Walk Thru Date: May 28, 2018 at 10 a.m. Deadline for Proposal Submittal: 1:00 p.m. Thursday August 17, 2017 Submit Sealed Proposal to: SEALED RFPFOR ASBESTOS ABATEMENT SERVICES fore 807 an 809-811 East 4th Street Address exactly as stated--* City Hall City Clerks Office I" Floor City Hall 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS ABATEMENT SERVICES: 807 and 809-811 East 4'h Street Pie 1079 of 179 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents -The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES: 807 and 809-811 East 4'h Street Pape 1 Of% of 179 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) weeks (not including the DNR ten day notice period) 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2)week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal)from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES:807 and 809-811 East 4'h Street Pape 109 of 179 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department 715 Mulberry Street, Waterloo, IA 50703, 807 and 809-811 East 4th Street abatement project. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 807 and 809-811 East 4th Street 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as RFP FOR ASBESTOS ABATEMENT SERVICES: 807 and 809-811 East 4'h Street PaAe 11 of 179 well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. RFP FOR ASBESTOS ABATEMENT SERVICES:807 and 809-811 East 4'h Street Pape A 1 of 179 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- Contractor, its employees, subcontractors or any The word CITY refers to the CITY OF WATERLOO, independent contractors working under the direction of IOWA throughout these Instructions and Terms and either the Contractor or subcontractor in the Conditions. Similarly, PROPOSER refers to the person performance of this Contract. or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the 8. PROPOSAL REJECTION OR PARTIAL ACCEP- successful bidder. TANCE -The City reserves the right to reject any or all Proposals. The City further reserves the right to waive 2. PROPOSER QUALIFICATIONS - No Proposal shall be technicalities and formalities in Proposals, as well as to accepted from, and no Contract will be awarded to, any accept in whole or in part such Proposals where it is person, firm or corporation that is in arrears to the City deemed advisable in protection of the best interests of upon debt or Contract, that is a defaulter, as surety or the City. otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If 9. PROPOSAL CURRENCY/LANGUAGE - All proposal requested, Proposers shall be required to submit prices shall be shown in US Dollars ($). All prices must satisfactory evidence that they have a practical remain firm for the duration of the Contract regardless of knowledge of the particular supply/service proposal and the exchange rate. All proposal responses must be that they have the necessary financial resources to submitted in English. provide the proposed supply/service as described in this Request for Proposal. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ 45 days and on receipt of an original invoice. OFFEROR-Any deviation from this specification MUST be noted in detail, and submitted in writing in the 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Proposal. Completed specifications should be attached Any apparent inconsistencies, or any matter requiring for any substitutions offered, or when amplifications are explanation or interpretation, must be inquired into by desirable or necessary.The absence of the specification the Proposer in writing at least 72 hours (excluding deviation statement and accompanying specifications weekends and holidays) prior to the time set for the will hold the Proposer strictly accountable to the Proposal opening. Any and all such interpretations or specifications as written herein. Failure to submit this modifications will be in the form of written addenda. All document of specification deviation, if applicable, shall addenda shall become part of the Contract documents be grounds for rejection of the item when offered for and shall be acknowledged and dated on the signature delivery. If specifications or descriptive papers are page. submitted with Proposals, the Proposer's name should 12. LAWS AND REGULATIONS - All applicable State of be clearly shown on each document. Iowa and federal laws, ordinances, licenses and 4. COLLUSIVE PROPOSAL - The Proposer certifies that regulations of a governmental body having jurisdiction the proposal submitted by said Proposer is done so shall apply to the award throughout as the case may be, without any previous understanding, agreement or and are incorporated here by reference. connection with any person, firm, or corporation making 13. SUBCONTRACTING - No portion of this Proposal may a proposal for the same Contract, without prior be subcontracted without the prior written approval by knowledge of competitive prices, and it is, in all the City. respects, fair, without outside control, collusion, fraud or otherwise illegal action. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or 5. SPECIFICATION CHANGES, ADDITIONS AND proposal offers sent by electronic devices (e.g.facsimile DELETIONS-All changes in Proposal documents shall machines) are not acceptable and will be rejected upon be through written addendum. Verbal information receipt. Proposing firms will be expected to allow obtained otherwise will NOT be considered in awarding adequate time for delivery of their proposal either by of Proposals. airfreight, postal service,or other means. 6. PROPOSAL CHANGES - Proposals, amendments 15. CANCELLATION- Either party may cancel the award in thereto, or withdrawal requests received after the time the event that a petition, either voluntary or involuntary, advertised for Proposal opening, will be void regardless is filed to declare the other party bankrupt or insolvent or of when they were mailed. in the event that such party makes an assignment for the benefit of creditors. 7. HOLD HARMLESS AGREEMENT - The Contractor 16. ASSIGNMENT- Proposer shall not assign this order or agrees to protect, defend, indemnify and hold harmless any monies to become due hereunder without the prior the City of Waterloo, its officers and employees, their written consent of the City. Any assignment or attempt agencies and agents, from any and all claims and at assignment made without such consent of the City damages of every kind and nature made, rendered or shall be void. incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their 17. EQUAL OPPORTUNITY - The successful firm agrees employees that may arise, occur, or grow out of any not to refuse to hire, discharge, promote, demote, or to acts, actions, work or other activity done by the otherwise discriminate in matters of compensation RFP FOR ASBESTOS ABATEMENT SERVICES: 807 and 809-811 East 4'h Street Pape 11 of 179 against any person otherwise qualified solely because "Iowa Open Records Law". By submitting any document of age, race, color, religion, sex, sexual orientation, to the City of Waterloo in connection with a proposal, gender identity, marital status, national origin, the submitting party recognized this and waives any citizenship status,disability, or veteran status. claim against the City of Waterloo and any of its officers and employees relating to the release of any document 18. TAXES- The City of Waterloo is exempt from sales tax or information submitted. and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices Each submitting party shall hold the City of Waterloo before payment is made. and its officers and employees harmless from any claims arising from the release of any document or 19. PROPOSAL INFORMATION IS PUBLIC — All information made available to the City of Waterloo documents submitted with any proposal and the arising from any proposal opportunity. proposal shall become public documents and subject to Iowa Code Chapter 22,which is otherwise known as the RFP FOR ASBESTOS ABATEMENT SERVICES: 807 and 809-811 East 4,h Street Pape 11 of 179 EXHIBIT""A" SIGNATURE PAGE 807 and 809-811 East 4th Street The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our"not to exceed" bid price for each property is: 807 East 4th Street $ 809-811 East 4t" Street $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES:807 and 809-811 East 4,h Street Pape 11 of 179 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid document, etc. and setting date of bid opening as June 21, 2018 and public hearing as June 25, 2018, in conjunction with the purchase of two (2) 2019 single axle, snow control(plow), 37,000 GVW duinp trucks, and instruct City Clerk to publish said notice. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date '1)-•iffic O eralnons Evens, L-eA ri) Approved 5/23/:1018 ... 1.20 P Resolution approving preliminary specifications, bid document, etc. and setting date of bid opening as June 21, 2018 and public hearing as June 25, SUBJECT: 2018, in conjunction with the purchase of two (2) 2019 single axle, snow control flow): 37,000 GVW dump trucks, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Summary Statement: On a rotating basis - these trucks are needed to replace trucks taken out of service for a number of work related projects including plowing snow. Expenditure Required: $125,000.00 Source of Funds: GO Bond Funding- 416-19-7100-2117 Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 115 of 179 CITY OF WATERLOO Council Communication Motion to appoint Ryan Doland to the position of Property Evidence Technician in the Police Department, effective June 4, 2018. City Council Meeting: 5/29/2018 Prepared: 5/21/2018 REVIEWERS: Department Reviewer Action Date Voice 1'.)eparfiT=t Krogli, Frarik Approved 5/21/2018 3036 PM (1erk. Office Eveti, L-eAni) Approved 5/23/2018 1.29 PM ATTACHMENTS: Description Type D Coianed Corwu'wninicadon Covet Memo D Persoirim.1 Requiasiflon (."oNleir Memo SUBJECT: Motion to appoint Ryan Doland to the position of Property Evidence Technician in the Police Department, effective June 4, 2018. Submitted by: Submitted By: Captain Frank Krogh Recommended Action: Request Approval Summary Statement: The Human Resource Committee approved the filling of the vacancy at their December 4, 2017 meeting. Expenditure Required: $46,051.00 plus benefits Source of Funds: General Funds Policy Issue: N/A This vacancy was created by the retirement of Property Evidence Background Information: Coordinator Dave Boesen. Ruth Muller was promoted to fffl the Property Evidence Coordinator position leaving the Property Evidence Technician position open. Page 116 of 179 Coversheet https://waterloo.iiovusagenda.com/agetidapublic/Co verSheet.aspx?lt.,. CITY OF WATERLOO Council Communication Request from the Chief of Police for authorization to start the process to create a Civil Service list for the position of Property Evidence Technician and make appointment from said list. City Council Meeting: 12/11/2017 Prepared: 12/6/2017 X11"FACHNIENTS: Description Type D v Evidence Desorlatuql Cover Memo D Personnel ReLluisition Form Backup Material D Personnel Re Juisitio I Requuts( Backup Material SUBJECT: ReCILIeSt from the Chief of Police for authorization to start the process to create a Civil Set-vice list for ........................................the position of Property Evidence Technician and make aDvoinfirient from said list. Submitted by: Submitted By:Captain Frank Krogh,Police Department Recommended Action: Approval to start the process. The Police Department would like to create a civil service list for Property Technician in case an open Summary Statement: position comes available. Having a list to hire from would benefit the Police Departments ability to fill any position in a timely manner. Expenditure Required: None. Source of Funds: N/A Policy Issue: Without a certified list we can not fill any open positions which come available and will jeopardize the Alternative: Police Departments ability to fully staff the property evidence division and create delays to the general public,and courts. Background Information: I of I 1 PN9/21 � Rf217 50 A% PERSONNEL REQUISITION FORMr2RECEIVED DEC Q 5 2097 S Check as applicable; ® To start recruiting or civil service process and/or ❑ To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Property Evidence Technician Department: Police Department Reports To:, Chief of Police Work Location: City of Waterloo Employment Status: Z Regular Full Time ❑Temporary Full Time from to ❑Regular Part Time ❑ Temporary Part Time from to ❑Regular 7-Month ❑ hitern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ®Yes ❑No ❑ Internal Posting Only j Bargaining Position: Z Yes ❑No ® Internal Posting and External Advertising Bargaining Group: Teamsters Non-bargaining Position: ❑ Yes N No i Complete the following if the requisition is to fill a vacancy: ❑ New Position or ❑ Replacement Position for: (Specify name and title of former incumbent) Date incumbent terminated employment: Date of final payout: Anticipated start date: 111118 No. of hours/week: 40 Work schedule: 512 Justification of need for position: Permission to start the civil service list in the event that a vacant postion for this job comes open.It is necessary to have a current list to hire from if a postion comes avaliable. What are the likely consequences if the position is not filled? We will lack adequate manpower to staff the property evidence room causing it to be closed for extended periods of time. APPROVALS Annual salary requirements: $46,051.20 Hourly Rate: $22.14 Benefits: (Payroll taxes,pension,health ins,assuming family) Is position budgeted for this and future FYs? ® Yes ❑No If no, how will position be funded? Approved subject to the following conditions: r - ..• .. Nd3� B N S4t1�7d9S9�gGq➢ OtlP4£VS£T£' Submi ag Department Head Date Mayor I7 to e a, -17 Chie a ial Officer Date CityClerk/F3u out' s �a rytDate ob: Human Resources Committee Chairpers Date Created 8/7/2014 Page 118 of 179 CITY OF WATERLOO Council Communication Motion to approve application for Fireworks Display for My Waterloo Days at the Park Avenue Bridge on Saturday, June 9, 2018, beginning at 9:45 p.m. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date Fire R ew cajie f I ng))y, T a�� cy Approved 5/23/2018 ... 4.00 P SUBJECT: Motion to approve application for Fireworks Display for My Waterloo Das at the Park Avenue Bridge on Saturday June 9, 2018, beginning at 9:45 p.m. Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 119 of 179 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 5/29/2018 Prepared: REVIEWERS: Department Reviewer Action Date Ergyldmnee6iigg Iflga:)y, Nammaay A.pproved 5/23/2018 28 PM ATTACHMENTS: Description Type ❑ 1.3orids for c,otu-: yip aapll'rovaap 5.29 IS p:::laac°kup:r l amtceilaap SUBJECT: Bonds Page 120 of 179 BONDS FOR COUNCIL APPROVAL May 29, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 600897 ROBERT C. HAUPTLY dba ROBERT C. HAUPTLY CONSTRUCTION WATERLOO, IA SY08901 WEBB CONCRETE, INC. INDEPENDENCE, IA 6075016 WHOLE EXCAVATION LLC HUDSON, IA IA5129067 THOMAS OGLE dba WILLIAM CONSTRUCTION CEDAR FALLS, IA Page 121 of 179 CITY OF WATERLOO Council Communication Lease agreement with Verve Kombucha, LLC for property located at 327 W. 3rd Street(Public Market Building) for a term ending June 30, 2025. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date Plar)rnp:bg& Zonu iigp; Seliroeder, uric Approved 5/23/2018 ... 10:32 AM (Ierrk Office Everrm, 1:,eAni) Approved 3/23/2,018 1.28 P ATTACHMENTS: Description Type 1.,ease,r se,A.gre iiiicrtit Badaii.p'h Ma9tfi;6a Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving lease agreement with Verve Kombucha; LLC for SUBJECT: property located at 327 W. 3rd Street(Public Market Building)with monthly lease payments of$0 the firsts $1,000 the second year, 52,000 the third year, 53,000 the fourth year, 53,833 the fifth year and $4,000 for years six and seven, for a term ending June 30, 2025, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson Community Planning& Development Director Recommended Action: Approval. This is a 7-year lease with Verve Kombucha, LLC. Property Information: Located within the Downtown TIF & CURA Total Current Assessed Value: $653,260 Total building Size: 7,700 square feet General Lease Information: • to be open daily • Current"Public Market' signage must remain intact. • Verve will be allowed 12 events on the expo plaza per year of the lease term at no extra cost. Must coordinate events with the Center of the Arts/City of Waterloo. Summary Statement: • Use of public bathrooms during events on the expo area. • Future energy efficiency plans must be discussed with City. (Example: solar panels) Page 122 of 179 • Typical NNN lease with Verve paying rent and utility costs. Rent will be as noted below: Year 1: 0 rent Year 2: $1,000/mo Year 3: $2,000/mo Year 4: $3000/mo Year 5: $3,833/mo Year 6: $4,000/mo Year 7: $4,000/mo Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use/Economic Development Alternative: Not approve the lease The City of Waterloo sent requests for proposals for the Public Market building in January. Proposals were due in March and were reviewed that month by the Downtown Design Management group made up of members from WDC, Main Street, City Staff, Tourism Bureau and the Chamber. The group recommended the Verve Kombucha proposal to move forward for the lease with the City for the Public Market for the following reasons: Established performance in downtown Waterloo Background Information: ®Progressive proposal/product Finances in place Strong team of investors Suitable use of space Strong lease rates -Compatible to existing uses in downtown Lot Nos. 4, 5, 6 and 7, and the alley abutting each of said lots, allin Block 15 in the Original Plat, on the West Side of the Cedar River, in the City of Legal Descriptions: Waterloo, Black Hawk County, Iowa, locally known as 327 West 3rd Street, Waterloo, Iowa, 50701 and commonly known as the Waterloo Public Market; Page 123 of 179 Waterloo Public Market LEASE AGREEMENT This Lease Agreement (the "Lease") is entered into as of , 2018 by and between the City of Waterloo, Iowa ("Lessor") and Verve Kombucha, LLC ("Lessee"). NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RENTAL OF PREMISES; TERM. a. Premises. Upon the condition that Lessee pays rent and otherwise abides by all of the provisions of this Lease, Lessor leases to Lessee the following-described real estate, situated in Waterloo, Black Hawk County, Iowa, to-wit: Lot Nos. 4, 5, 6 and 7, and the alley abutting each of said lots, all in Block 15 in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, locally known as 327 West 3rd Street, Waterloo, Iowa, 50701 and commonly known as the Waterloo Public Market; with the improvements thereon and all rights, easements, and appurtenances thereto belonging. b. Term. The term of this Lease is seven (7) years, commencing on July 1, 2018 and continuing until and including June 30, 2025. No later than April 1, 2025, the parties shall confer in good faith to assess the profitability of Lessee's operations on the premises and shall negotiate terms and conditions for extension of the Lease term, if any. 2. RENT PAYMENTS; PROPERTY TAXES. In addition to other payments required by this Lease, Lessee shall pay rent and property taxes as set forth below. a. Base Rent. Lessee agrees to pay to Lessor as base rent for said term the monthly sums stated below, in advance, on or before the first day of each month during the Lease term: First year (ending 6/30/2019) $0 7/01/2019—6/30/2020 $1,000 7/01/2020—6/30/2021 $2,000 7/01/2021 —6/30/2022 $3,000 7/01/2022— 6/30/2023 $3,833 7/01/2023 —6/30/2024 $4,000 7/01/2024— 6/30/2025 $4,000 b. Property Taxes. Lessee shall pay all real estate taxes and special assessments with respect to the premises. Lessee shall timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal property on the Page 124 of 179 premises during the term of this Lease. Each party reserves the right to protest any assessment of taxes. 3. UTILITIES AND SERVICES. Lessee shall pay, before delinquency, all charges for use of telephone, cable or fiber optic, water, gas,heat, electricity, power, air conditioning, garbage disposal, trash disposal, and all other utilities and services of whatever kind and nature that may be used in or upon the leased premises. Lessee shall be reimbursed for power usage resulting from outdoor events held by others, with such usage to be determined on an equitable basis in good faith with reference to relevant information, including but not limited to power usage on the leased premises during periods when such events do not occur. 4. USE OF PREMISES. Lessee agrees during the term of this Lease to use and occupy the leased premises for purposes of operating a kombucha tea brewery, tasting room and bistro and distribution of kombucha tea. Lessee further agrees to work cooperatively and in good faith with Lessor and outdoor event organizers ("Expo Organizers") (currently WESCO as contracted through Main Street Waterloo) to insure optimum public use of the adjacent Riverloop Expo exhibition grounds. Lessee may work with Expo Organizers to schedule up to 12 events per year on said grounds at no additional cost, to be conducted on the same terms as apply generally to other parties making use of the grounds. a. Parking. The parking lot will be available for use at all times by members of the general public. The parties acknowledge that, from time to time, certain extraordinary Expo activities may require use of some or all parking areas on the leased premises. In such instances Lessee shall cooperate with Lessor and Expo Organizers in a good-faith effort to reach a mutually acceptable arrangement to accommodate Lessee's parking needs with competing needs for such Expo events. b. Restrooms. Lessee shall make restrooms available for outdoor events held at the Expo Plaza. The organizer of such outdoor events shall be responsible for cleaning and servicing of restrooms as needed during and immediately after events. The organizer shall provide needed restroom supplies/materials for such events and shall replenish supplies/materials promptly after such events. C. No Unlawful Use. Lessee shall make no unlawful use of the leased premises and agrees to comply with all valid regulations, including but not limited to those of the Board of Health, City ordinances, laws of the State of Iowa, and the federal government, but this provision shall not be construed as creating any duty by Lessee to members of the general public. d. Hours of Operation. Lessee shall operate so that the premises is open for business with the general public seven days a week. 5. CARE AND MAINTENANCE OF PREMISES. Lessee takes the leased premises in their present condition, AS IS, except for such repairs and alterations as may be expressly herein provided. Except as expressly provided in this Lease, Lessee shall be responsible for all maintenance and cleanliness of the leased premises, including but not limited to the Public Market building and adjacent property. 2 Page 125 of 179 a. Lessee's Duty of Care and Maintenance. Lessee shall be further responsible for the maintenance and repair of the water, sewer, and electrical systems serving the leased premises during the term of this Lease. Lessee shall replace light bulbs in lighting fixtures as necessary. Lessee agrees to keep faucets closed so as to prevent waste of water and flooding of premises. To the extent that Lessee has control of thermostats, Lessee agrees to maintain adequate heat to prevent freezing of pipes. At the termination of said Lease, it shall be Lessee's sole responsibility to return said services and related facilities to Lessor in good working order and in substantially the same condition in which they were at the beginning of the Lease term. b. Cleanin4 of Premises. Lessee shall clean all interior and exterior window surfaces of the premises as needed, but no less than quarterly. Lessee shall clean all floors and floor coverings on a regular basis, keeping same in a first-rate condition of cleanliness. Lessee shall provide all necessary cleaning supplies, chemicals, tools and equipment. C. Care and Maintenance by Lessor. Lessor will be responsible for repair and replacement of the structural parts of the building, which for purposes of this Lease shall mean the foundation, roof, exterior walls, load bearing components of interior floors and walls (but not the surface of floors or other coverings for floors or walls), and all sewers, pipes, wiring, and electrical fixtures outside of the structure that are not adapted solely for Lessee's use. Lessor will also be responsible to repair,maintain and replace heating and cooling equipment and systems. Lessee will promptly notify Lessor of any issues as set forth in this paragraph that may require Lessor's attention. d. Litter Control; Garbage Disposal. Lessee shall be further responsible for litter control in and around the premises and parking areas, including but not limited to areas within 50 feet of the leased premises on any street, sidewalk, or the Riverloop Expo grounds. Litter shall be picked up no less than weekly, but shall be done as often as required to maintain the premises and surrounding areas in clean condition. All solid waste pickup and disposal for the premises, as well as all duties of care and maintenance ascribed to Lessee herein, shall be the sole responsibility and cost of Lessee. e. Natural Disasters/Acts of Terrorism. Lessee shall not be responsible for damage to the premises caused by natural disasters, acts of terrorism or civil unrest. f. Snow Removal. Lessor will remove snow from the parking lot after streets and areas designated as priority streets and areas have been completed. Lessee may provide additional snow removal for the parking lot at its own cost. Lessee shall be responsible for all other snow removal required on premises, including but not limited to sidewalks and pedestrian areas. g. Access to Premises. During the term of this Lease, Lessee shall provide Lessor with keys necessary to access all parts of the premises. 6. ALTERATIONS. Lessee shall obtain advance written approval from Lessor for any interior or exterior improvements or alterations to the leased premises, including but not limited to those for energy efficiency. Unless there is prior written agreement to the contrary, 3 Page 126 of 179 any improvements or alterations made to the leased premises by Lessee or any other person shall be the sole property of Lessor. 7. EQUIPMENT. Lessee is permitted to use any equipment located on the leased premises, for payment of$1.00 per year. Lessor will remove any equipment that Lessee does not wish to use. Upon expiration of the initial term of this Lease, the parties will confer in good faith about whether Lessee will purchase the equipment and upon what terms. 8. END OF TERM; FIXTURES. a. Termination on Expiration; Holding. This Lease shall terminate upon expiration of the original term or any renewal term. Continued possession beyond the expiration date of the term of this Lease by the Lessee, absent a new lease or a written agreement by both parties for an extension of this Lease, shall constitute a month-to-month extension of this Lease,provided that effective upon such possession the base rent shall automatically increase by $1,000 per month. b. Surrender in Reasonable Condition. Lessee agrees that upon termination of this Lease, it shall surrender, yield up and deliver the leased premises in good and clean condition, with the exception of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Lessee. C. Improvements. Unless otherwise agreed, any improvements, including but not limited to fixtures attached to the Waterloo Public Market building, shall become the sole property of Lessor at the expiration of this Lease, without compensation for same to Lessee. d. Post-Term Possession. Continued possession beyond the expiration date of the term of this Lease by Lessee, and absent a written agreement by both parties for an extension of this Lease or for a new lease, shall constitute a month-to-month extension of this Lease, provided that any extended term may be terminated by 30-days' advance written notice from one party to the other. 9. ASSIGNMENT AND SUBLETTING. Lessee may not assign this Lease or sublet the premises or any part thereof without Lessor's prior written permission. Any unauthorized assignment or subletting shall, at the option of Lessor expressed by delivery of written notice to Lessee, void this Lease and immediately accelerate any and all compensation due, and Lessee shall immediately surrender the premises and be bound by all other provisions of this Lease which may apply at that time. 10. INSURANCE AND INDEMNITY. a. Insurance Coverage. Lessee agrees that it will, at its own expense, procure and maintain casualty and liability insurance in the amount of not less than $2,000,000 per occurrence and $3,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury,products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Lessee, its officers, employees and agents. Lessee acknowledges that Lessor is 4 Page 127 of 179 providing no insurance for the benefit of Lessee. Subrogation rights of Lessee are waived. Also see Section 10(b). b. Additional Insured Status. Certificates or copies of said policies, naming the Lessor as an additional insured, and providing for 30 days' advance notice to the Lessor before cancellation, shall be delivered to Lessor within no later than the beginning of the Lease term. A renewal certificate shall be provided to Lessor prior to expiration of any policy. C. Indemnity. Except as to the sole negligence of Lessor, Lessee shall protect, indemnify, and hold Lessor harmless from and against any and all claims, demands, causes of action, costs, damages or liabilities of any type or nature whatsoever, including but not limited to attorneys' fees and expenses, which may arise out of the acts or omissions of Lessee, or the use or occupancy of the leased premises by Lessee or any person claiming through or under Lessee who may suffer injury, loss, or damage directly or indirectly by the acts or omissions of Lessee or such persons. 11. ALCOHOLIC BEVERAGES. a. Permission to Sell. Lessee may offer and sell alcoholic beverages for on- site or off-site consumption purposes, consistent with the bid proposal (the "Proposal") submitted by Lessee before the date of this Lease. All said sales shall be by Lessee or its agents or employees. Lessee shall abide by all local, state, and/or federal laws which may apply to the licensing and sale of alcoholic beverages. b. Dram Shop Insurance. Lessee shall provide proof of financial responsibility by the existence of a dram shop liability insurance policy as required by law (which coverage may be included in liability coverage required by Section 10(a) above) in the minimum amount of$2,000,000 per occurrence. Certificates or copies of said policies, providing for 30 days' advance notice to the State of Iowa before cancellation, shall be delivered to Lessor upon execution of this Lease. A renewal certificate shall be provided to Lessor prior to expiration of any policy. The indemnity provisions of Section 10(c) shall also apply with respect to any and all loss, damage, fee, fine, penalty, cost and expense occasioned by, of arising out of, any claim relating to alcoholic beverages dispensed on the leased premises. Lessee shall provide to Lessor proof of all licenses required by law prior to the offer, dispensing or sale of any alcoholic beverages or wine. Lessee agrees to assume all liability for any and all claims or causes of action, at law or equity or otherwise, which may arise from the offer, dispensing or sale of alcoholic beverages on the leased premises. 12. COPYRIGHT. Lessee shall be solely responsible for any copyright, licensing or other fees required by law for the playing or performance of any music in or upon the leased premises, whether live or recorded, and shall have the right to contract with performers and with companies providing recorded music. 13. LOSS OF LICENSE. If Lessee fails to obtain, renew, or keep in force for any reason whatsoever, including but not limited to the suspension,revocation, or non-renewal by governing authority, any governmental license or authorization necessary to operate its business on the premises, then Lessee's duties under this Lease shall be unaffected thereby and Lessee shall be obligated to continue its performance hereunder. 5 Page 128 of 179 14. FIRE AND CASUALTY. a. Partial Destruction of Premises. In the event of a partial destruction or damage of the leased premises which causes a business interference by preventing the conduct of a normal business operation, and which damage is reasonably repairable within 90 days after its occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Lessor shall repair such damages within 90 days of its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, municipal ordinances, labor, material or transportation shortages, or other causes beyond Lessor's reasonable control. b. Total Destruction of Business Use. In the event of a destruction or damage of the leased premises so that Lessee is not able to conduct its business on the premises, and which damages cannot be repaired within 90 days, this Lease may be terminated at the option of either party. Such termination in such event shall be effected by written notice of one party to the other, within 30 days after such destruction. Lessee shall surrender possession within 10 days after such notice issues and, each party shall be released from all future obligations hereunder, Lessee paying rental and triple net charges (if any)pro rata only to the date of such destruction. In the event of such termination of this Lease, Lessor at its option may rebuild or not, according to its own wishes and needs. 15. CONDEMNATION. Should the whole or any part of the leased premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. If the whole of the demised premises shall be so condemned or taken, the Lessor shall not be liable to the Lessee except and as its rights are preserved as provided in this Section. 16. TERMINATION OF LEASE; DEFAULTS OF LESSEE; OTHER REMEDIES. Other than termination upon expiration as set forth in paragraph 8.a, this Lease shall be subject to early termination as provided in this Section 16. a. Termination upon Notice of Default. Lessee shall be in default of this Lease if(i) Lessee fails to make any payment of rental herein when such payment becomes due, (ii) Lessee breaches any other terms or provision of this Lease, (iii) without the advance written consent of Lessor, Lessee offers or sells alcoholic beverages beyond the scope of the Proposal, or (iv) Lessee abandons the premises by failure to engage in its usual and customary business activities on the premises for more than 15 consecutive business days. Upon occurrence of any event of default, this Lease may at the option of Lessor be canceled and forfeited,provided, however, before any such cancellation and forfeiture except as provided in paragraph (c)below, Lessor shall give Lessee a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited 10 days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. 6 Page 129 of 179 b. Bankruptcy or Insolvency of Lessee. In the event Lessee is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Lessee's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy,judicial sale, or transfer has not been vacated or set aside within 10 days from the giving of notice thereof by Lessor to Lessee, then and in any such events Lessor may, at its option, immediately terminate this Lease and, upon giving of 10 days' written notice by Lessor to Lessee,re-enter said premises, all to the extent permitted by applicable law. C. Other Remedies. In addition to any remedies set forth in this Section 16 or otherwise available under applicable law, in the event of a default Lessor may exercise any one or more of the following remedies: (i) declare due, sue for, and receive from Lessee the sum of all payments and other amounts then due and owing under this Lease,plus the accelerated balance of future payments; (ii) terminate this Lease or any other agreement with Lessee; (iii) collect from Lessee all other amounts due and owing under this Lease; (iv) charge interest on all sums due hereunder from and after the date of default at the rate of 18%per annum, compounded monthly, until paid in full,but in no event more than the maximum rate permitted by law; (v) charge an administrative late fee of$50 for each payment not received within five days of the due date (in addition to any applicable penalty interest),plus an additional late fee of$50 for each additional month that a payment is delinquent. In addition, Lessor may use any other remedies available to it under applicable law. d. Cure of Lessee Defaults. If Lessee defaults in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and such default shall have continued for 30 days after written notice thereof from Lessor, then Lessor, in addition to all other remedies now or hereafter provided by law, may, but need not,perform such term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 18%per annum, compounded monthly, from the date of advance. e. In the circumstances described in paragraphs (a)-(c) above, waiver as to any default shall not constitute a waiver of any other or subsequent default, and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or modify the terms of this Lease. Remedies will be applied cumulatively, to the extent allowed by law. Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor in exercising or attempting to exercise any of its rights or remedies or in defending against the claims of Lessee. If appropriate in the circumstances, remedies will include those available under UCC Article 9. £ Acceptance of keys, advertising, and re-renting by the Lessor upon the Lessee's default shall be construed only as an effort to mitigate damages by the Lessor, and not as an agreement to terminate this Lease. 17. MECHANIC'S LIENS. Neither the Lessee nor anyone claiming by, through, or under Lessee, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Lessee therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to 7 Page 130 of 179 any lien thereon, and for the further security of the Lessor, the Lessee covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 18. SIGNS. Lessee shall have the right and privilege of attaching, affixing,painting or exhibiting signs on the leased premises,provided only that any and all signs comply with the ordinances of the City of Waterloo, and the laws of the State of Iowa; such signs shall not change the structure of the building; such signs if and when taken down shall not damage the building; and such signs shall be subject to the advance written approval of Lessor, which approval shall not be unreasonably withheld. The current"Public Market" signs cannot be removed or altered without the prior written consent of Lessor. 19. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights,remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 20. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the addresses set forth below (or to such alternate addresses to which a party may give notice as set forth herein): Lessor City of Waterloo Attn: Community Planning & Development Director 715 Mulberry Street Waterloo, IA 50703 With a copy to: City Attorney 715 Mulberry Street Waterloo, IA 50703 Lessee Verve Kombucha, LLC Attn: Manager 327 W. 3rd Street Waterloo, IA 50701 Unless either party notifies the other, in writing, of a different address, such message shall be considered given under the terms of this Lease when sent, addressed as designated above, by U.S. registered or certified mail, return receipt requested,postage prepaid. Such notice shall be deemed delivered three (3) days after the date it is deposited in a United States mail receptacle. 21. RELATIONSHIP OF PARTIES. Nothing in this Lease 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 to create any liability for one party with respect 8 Page 131 of 179 to the liabilities or obligations of the other party or any other person. Each party hereto is an independent contractor in relation to the other. 22. BINDING EFFECT. This Lease is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. 23. AMENDMENT. None of the covenants,provisions, terins or conditions of this Lease shall be in any manner modified, waived, or abandoned, except by a written instrument signed by the parties. This Lease contains the entire agreement of the parties concerning the subject matter hereof, superseding all prior or contemporaneous discussions, negotiations, understandings or agreements, except as set forth in Section 11. 24. SEVERABILITY; REFORMATION. If any provision of this Lease is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Lease shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Lease 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. 25. GENERAL PROVISIONS. Time is of the essence in the performance of the terms of this Lease. This Lease shall be governed by the laws of the State of Iowa, and Lessee hereby consents to the exclusive jurisdiction and venue of the Iowa District Court for Black Hawk County for the resolution of any dispute arising from or related to this Lease. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. This Lease may be executed in one or more counterparts, each of which will be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA VERVE KOMBUCHA, LLC By: By: Quentin Hart, Mayor Andrew Fuchtman, Manager Attest: Kelley Felchle, City Clerk [acknowledgments on next page] 9 Page 132 of 179 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) On , 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on , 2018, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2018 by Andrew Fuchtman as Manager of Verve Kombucha, LLC. Notary Public PERSONAL GUARANTY. Each of the undersigned, being either an officer, manager, or member of Verve Kombucha, LLC, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to the City of Waterloo, Iowa, its 10 Page 133 of 179 successors and assigns, the full and prompt performance by Verve Kombucha, LLC, its successors and assigns, of all promises and covenants on the part of said company to be performed pursuant to the foregoing Lease, including but not limited to the duties of indemnity set forth therein. Liability of multiple guarantors hereunder is joint and several. Andrew Fuchtman David Morgan Alex Hottle Brent Dahlstrom 11 Page 134 of 179 CITY OF WATERLOO Council Communication FYE 2018 Budget Amendment. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date t uiar)ce ekfi:crr, M'ncpaefle A.pproved 5/23/2018 ... 12.24 PM t]errk Off-we p vec i, t: eA.r-ir) A.pproved 5/23/2018 ... ]-tl 2 PM ATTACHMENTS: Description Type FY E 8 Btidg et A.rrucndrrient t;onu n (.`over Melal u FY E 8 lllurrdgg:.A Anne udrruer t Covet Menlo Motion to receive and file proof of publication of notice of public hearing_ SUBJECT: HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving EYE 2018 Budget Amendment. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas;public safety, public Summary Statement: works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Expenditure Required: Please see attachment for additional information. Policy Issue: Comply with state law regarding budgeted expenditures. Page 135 of 179 CITY OF WATERLOO , NOWA City Clerk and Finances Department 715 Mulberry St, Waterloo, IA 50703 (319) 291-4323 Fax(319)291-4571 IS LLEY FELL CLE 01,Clerk MICHELLE WEIDNER,CPA Chief'T'Iuarac i a7 Olfr`c er i Mayor QLJF,N IN TO: Mayor Hart � RT City Council Members COUNCIL DATE: May 22, 2018 MEMBERS . .. .. F"ROM. Michelle Weidner, Chief Financial Officer MARGARET RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2018 KLI3IN Ward I BRUCE Enclosed is the proposed amendment to the budget for the fiscal year ending June 30, 2018 JAC BS folrard2 as published May 18, 2018. The purpose of fling budget amendments is to comply with state law regarding upending city funds. The Code of Iowa requires that any of the nine PATRICK budget program areas that are anticipated to exceed the amount originally appropriated be MORRIS3F'Y amended no later than May 31 of each fiscal year. The nine program areas prescribed by I'and:3 Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and JEROME Recreation, Community and Economic Development, General, Government, Debt Service, AMOS,JR. Capital Projects and Business Type/Enterprise activities. Word 4 CHRIS These amendments include numerous departmental amendments requested throughout the SHIMP year and approved by the Finance Committee when required by the budget line item ti,'ard 5amendment policy. They all consist of changes made subsequent to certifYing the budget SI IARON March 15, 2017. JUON tr-1.rargc Highlights from amendments made for general fiend activities include the following; S1 EVI, f sC I IMITT 1. In the Public Safety program category, expenses and related revenue for various ,rr-/rugae law enforcement grants and non-property-tax funded projects were increased. 2. The Public Works category reflects the increase of expense for the sidewalks r contract. 3. The health and Social Services category was reduced to reflect the budgeted amount remaining from the Fair Housing project. 4. The Culture &Recreation program category was increased to reflect a number of additional grants and donations received by the Cultural & Arts department, the Library and Leisure Services. Revenue and expenses were increased for the SportsPlex to more closely match operations. 5. There were no amendments made to the Community and Economic Development category. WE'RE WORKING FOR YOU! An E(Wal Urauorlunilv/Affirrnative Action ErriDlover Page 136 of 179 FYE18 Budget Amendment Memo Page 2 of 3 6. Amendments reflecting the use of restricted fund balance for health and liability insurance claims and to expend the Healthy II20 Loo project funds were made in the General Government category. Highlights of amendments made in other funds are as follows: I 7. In the Public Works category, the use of Road Use Tax fund balance was added to fund the anticipated increase in expenses for the University Avenue reconstruction and bridge repairs. Additional revenue and expense was budgeted for traffic operations. S. Additional federal revenue and expense expected to be completed using Block Grant and Housing funds were added to the Community and Economic Development category. 9. Under the Debt Service category, revenue and expenses were increased to reflect the planned refunding bond issue. 10. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted were added. Several construction project budgets were adjusted to more accurately reflect the amount of work that is expected to be completed by June 30, 2018. 11. In the Business Type/Enterprises activity, which accounts for the activities of the sewer and garbage funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations and capital improvement projects by June 30, 2018. The transfers out line item was amended to reflect the following: 1. The transfer of an additional $1,200,000 of TIF revenue to the capital improvement fund that will be used for potential TIF projects. 2. Transfers necessary to property account for the sewer portion of the refunding bond issue were added. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $10,443,723 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $10,570,697 to a total of$21,014,420. This is due to the following: 1. General Fund - The use of cash restricted for specified uses either received in prior years or received in the current year, but not included in the original budget in the amount of$1,280,198 in the general fund. WE'RE WORKING FOR YOUR Page 137 of 179 An Equal OpportunitylAffirmative Action Employer FYE18 Budget Amendment Memo Page 3 of 3 2. Other Funds - The use of$8,000,000 in bond funds used in the current year, but not included in the original budget, the use of TIF for additional capital project expenses in the amount of$1,128,000; the use of grant funds received in prior years in the amount of$120,000; $155,000 in Road Use Tax restricted cash for additional construction and $7,000 in Housing cash balances for anticipated expenses. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2018. If you have any questions about the information presented,please contact me. I i i i nl E, WE'RE WORKING FOR YOU! Page 138 of 179 An Equal Opportunity/Affirmative Action Employer Jun-15 NOTICE OF PUBLIC HEARING Form 653.01 AMENDMENT OF FY2017-2018 CITY BUDGET The City Council of Waterloo in BLACK HAWK County, Iowa will meet at 5:30 pm-in the City Council Chambers E at 715 Mulberry St on 5/29/2018 (hour) (pate) ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2018 rvaarl by changing estimates.of revenue and expenditure appropriations in the following functions for the reasons given.- Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues&Other Financine Sources Taxes Levied on Property 1 39,613,829 39,613,829 Less:Uncollected Property Taxes-Levy Year 2 0 0 Net Current Property Taxes 3 39,613,829 0 39,613,829 Delinquent Property Taxes 4 0 0 TIF Revenues 5 7,392,285 172,000 7,564,285 Other City Taxes 6 17,200,755 22,299 17,223,054 Licenses&Permits 7 1,378,050 1,378,050 Use of Money and Property 8 1,350,720 952 1,351,672 Intergovernmental 9 24,911,213 3,671,437 28,582,650 ii Charges for Services 10 26,282.079 314,979 26,597,058 Special Assessments 11 290,290 290,290 Miscellaneous 12 6,319,186 827,768 7,146,954 Other Financing Sources 13 16,755,000 3,583,000 20,338,000 Transfers In 14 16,755,671 3,414,501 20,170,172 Total Revenues and Other Sources 15 158,249,078 12,006,936 170,256,014 Expenditures&Other Financing Uses .................... Public Safety 16 31,831,064 287,612 32,118,676 Public Works 17 27,883,662 3,547,847 31,431,509 Health and Social Services 18 412954 -11,063 401,891 Culture and Recreation 19 11,448,385 127,698 11,576,083 Community and Economic Development 20 12,651,975 524,437 13,176,412 General Government 21 8,047,951 1,891,824 9,939,775 Debt Service 22 15,162,433 3,660,000 18,822,433 Capital Projects 23 16,749,016 9,206,754 25,955,770 Total Government Activities Expenditures 24 124,187,440 19,235,109 143,422,549 Business Type!Enterprises 25 27,749,690 -71,977 27,677,713 Total Gov Activities&Business Expenditures 26 151,937,130 19,163,132 171,100,262 Transfers Out 27 16,755,671 3,414,501 20,170,172 Total Expenditures/Transfers Out 28 168,692,801 22,577,633 191,270,434 Excess Revenues&Other Sources Over i' V (Under)ExpenditureslTransfere,Out Fiscal Year 29 10,443,723 -10,570,697 21,014,420 j! Beginning Fund Balance July 1 301 85,254,213 85,254,213 Ending Fund Balance June 30 311 74,810,490 -10,570,697 64,239,793 Explanation of increases or decreases in revenue estimates,appropriations,or available cash: Record additional state&federal grants&transfer of jurisdiction revenue and related expenses as well as additional donation revenue&related expenses. Increase various charges for services to fund additional expenditures. Record an anticipated refunding bond issue to be sold in May 2018. Increase budgeted TIF revenue and rebates and TIF projects funded with the use of TIF cash balances and the use of restricted health insurance reserves and insurance refunds to fund additional claims expense and to spend bond proceeds received earlier. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non-property tax revenues and cash balances not budgeted or considered in this current budget. Michelle Weidner,CPA City Clerk/Finance Officer Name Page 139 of 179 CITY OF WATERLOO Council Communication Amendment to MidAmerican Energy Company Electric System Franchise Agreement. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date Finance nce i i. eA. nnn Approved 5/23/201 ... 12-22 PM Motion to receive and file proof of publication of notice of public hearing and approve revenue p=ose statement. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written continents. SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The budget adopted by the City Council March 13, 2018 included an Summary Statement: increase to the electric utility franchise fee of 1% (from 3% to 4%). These actions are required to implement that increase. Policy Issue: Comply with state law regarding budgeted expenditures. Page 140 of 179 CITY OF WATERLOO Council Communication Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date Finance n,kl nerr°, M'nanbelle Approved 5/23/2018 ... 12.23 PM t]errk Off-we Even, is eA. nnn Approved 5/23/2018 ... 12.24 PNP Motion to receive and file proof of publication of notice of public hearing and approve revenue p=ose statement. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The budget adopted by the City Council March 13, 2018 included an Summary Statement: increase to the natural gas utility franchise fee of 1% (from 3% to 4%). These actions are required to implement that increase. Policy Issue: Comply with state law regarding budgeted expenditures. Page 141 of 179 CITY OF WATERLOO Council Communication Purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84" cab including a snow plow package, for the Sewer Department. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date "fi-aofrfnc Om-alpons Evei, i. eA.a-i : Approved 5/23/2018 IY7 PM ATTACHMENTS: Description Type Bid "p"a bi.alaation Baac1itp:r Materaap Motion to receive and file proof of publication and notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. SUBJECT: Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of contract to Rydell Chevrolet of Waterloo, Iowa in the amount of$47,131.60, in conjunction with the purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84" cab including a snow plow package, for the Sewer Department. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: On a rotating basis, this truck is needed to perform a number of work related projects including plowing snow. Expenditure Required: $50,000.00 Source of Funds: Waste Management(Sewer) Funding Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 142 of 179 Purchase of(1) 1 ton DRW 4x4 w/84" cab with snow plow package Bid Tab: May 24, 2018 Estimate $ 50,000 Bidder Bid Amount Community Chevrolet Cedar Falls, IA $ 45,663.72 Witham Auto Sales Fleet La Porte City, IA $ 49,045.00 Rydell Chevrolet Waterloo, IA $ 47,131.60 McGrath Auto-Fleet Cedar Rapids, IA $ 45,447.00 Page 143 of 179 CITY OF WATERLOO Council Communication Resolution approving award of bid to Spahn& Rose Lumber Company of Jesup, Iowa, in the amount of $125,860, in conjunction with the purchase and construction of a 60 ft. by 80 ft. pole building at the City's Yard Waste Site, and approving contract, bond and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 5/29/2018 Prepared: 5/21/2018 REVIEWERS: Department Reviewer Action Date p natifrfrpa; Operafions Eveni, 1-e i) Approved 5/21/018 ... 11-p7 /Gly Resolution approving award of bid to Spahn& Rose Lumber Company of Jesup, Iowa, in the amount of$125,860, in conjunction with the purchase SUBJECT: and construction of a 60 ft. by 80 ft. pole building at the City's Yard Waste Site, and approving contract, bond and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution This building will be used to house the grinder and shredder allowing Summary Statement: mechanics to perform maintenance and repairs at the site. Also included will be an office and restroom facilities. Expenditure Required: $100,000 Source of Funds: Sanitation Fund - 525-15-5400-2152 Policy Issue: Strategy 4.5: maintain and develop community services and city facilities that support quality of place. Machinery and equipment sit outside in the elements during the winter Background Information: months. This equipment is moved to the Public Works Central Garage to be maintained and repaired by private semi trailer. This would reduce that cost and down time along with prolonging the life of the equipment. Page 144 of 179 CITY OF WATERLOO Council Communication Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, for two (2) Ford Interceptor Sedans in the amount of$25,571.00 each, and four(4) Ford Interceptor SUVs, in the amount of$29,938 each. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date "fi-@frfrnc Om-alnons Evei, L. e min) Approved 5/23/2018 ... 1-tl 8 P Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, SUBJECT: for two (2) Ford Interceptor Sedans in the amount of$25,571.00 each, and four(4) Ford Interceptor SUVs, in the amount of$29,938 each. Submitted by: Submitted By:Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Summary Statement: On a rotating basis, six(6)Police Interceptors are replaced each year. Expenditure Required: $170,894.00 Source of Funds: 416-11-1100-2117- $2,877.69 - GO Bond Funding 417-11-1100-2117- $168,016.31 - GO Bond Funding Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Background Information: Vehicles with over 130,000 miles and many hour of operation are taken out of service. Page 145 of 179 CITY OF WATERLOO Council Communication Resolution authorizing the submission of a Small MATCH grant application to the Wellmark Foundation, for a maximum amount of$20,000, and authorize the Mayor and City Clerk to execute all necessary documents. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date 1^n)&ee6nnp Gerftc, tin^nn'ns Approved 5/23/2018 ... 11-36 AM (' erk Office Everi, 1-eAnn) Approved 5/23/2018 ... 1.42 P Resolution authorizing the submission of a Small MATCH grant application SUBJECT: to the Wellmark Foundation, for a maximum amount of$20,000, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Coupled with an existing $20,000 in GO Bonds designated for sidewalk Summary Statement: infill/Complete Streets projects, awarded grant money would be used to further construction of previously identified sidewalk infill in the Lou Henry Elementary/Hoover Middle Schools and Littrell Elementary School areas. Alternative: The Wellmark Foundation is currently accepting Small MATCH grant request applications (up to $25,000) for projects that : Increase access to, and consumption of, nutritious foods; or Promote safe and healthy environments that encourage activity. Applicable projects would: Provide safe, accessible venues for physical activity in a community Advance active transportation concepts Promote trail development Background Information: Applications are due June 8, 2018. Grants selected willbe announced in August and the prospective grantee will have 12 weeks to demonstrate the match has been secured. Grantees meeting the required match will be awarded grant funds in December 2018. Each Small MATCH grant awarded in 2018 must be completed in one year. If selected and awarded a Small MATCH grant, construction of this project would take place in the summer of 2019. Page 146 of 179 CITY OF WATERLOO Council Communication Resolution approving construction plans for sanitary sewer, storm sewer, and paving, serving Village West 2nd Addition, as submitted by Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date En gkieen-n g Gventz, Detir6s Approved 5/23/2018 11:21 AM C]er (Mice Eveni, L-e:5mApproved 5/23121.118 ... 131 11M Resolution approving construction plans for sanitary sewer, storm sewer, and paving, serving Village West 2nd Addition, as submitted by Clapsaddle- Garber Associates, Inc. of Marshalltown, Iowa, and a Sewage Treatment SUBJECT: Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00) and final acceptance of construction Mans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City End Page 147 of 179 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in an amount not to exceed $65,100, in conjunction with the Traffic Adaptive Signals and Fiber Optic Communications Upgrade project, and authorize the Mayor to execute said document. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date 1^nn&ee6n g (uelPntl, tin°nn'ns Approved 5/23/2018 .. 11-34 AM. (."perk Office Evenm, L-eAni) Approved 5/23/2018 1.36 P Resolution approving Professional Services Agreement with Ament, Inc. SUBJECT: of Cedar Rapids, Iowa. in an amount not to exceed $65,100, in conjunction with the Traffic Adaptive Signals and Fiber Optic Communications Upgrade project, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer Summary Statement: Expenditure Required: This is a cost-plus contract for a maximum amount payable of$65,100.00. Source of Funds: $52,080 in federal-aid $13,020 in City match—general obligation bonds Traffic Adaptive Signals and Fiber Optic Communications Upgrade project, along San Martian Drive from Kimball Avenue to U.S. Highway 218, and Background Information: U.S. 218 , from Mitchell Avenue to 5th Street, and 5th Street, from U.S. 218 to KimballAvenue, and Kimball Avenue, from 4th Street to San Marnan Drive Page 148 of 179 CITY OF WATERLOO Council Communication Resolution approving a one year Fann Lease Agreement with Doug Bruns, for farming approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue, for a total yearly payment of $800, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zonr ing Secure edea, A.rie Approved 5/23/2018 ... 1035 AM 1."perlati Office ice Eveni, 1-eAn:: Approved 5/23/2018 ... 1.30 P ATTACHMENTS: Description Type AVlarcfini. rets Bruns 1.,arrrl.1..ease M<".IC1io Acrrpal Plioto Covc.r 1 e.n-io Resolution approving a one year Farm Lease Agreement with Doug Bruns SUBJECT: for fanning approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue, for a total yearly payment of 5800, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to enter into a lease agreement with Doug Bruns to lease approximately 28.4 acres for the purposes of bailing hay, located just south of Highway 20 and west of Kimball Avenue. The proposed lease would begin from said date of City Council approval and terminate on December 31, 2018. The applicant has baled the land in question in the past, Summary Statement: but only paid $300.00 for the yearly rent. The applicant noted that land for baling is going for approximately$50 per acre, as well as noting that only about 16 acres of the overall site can be baled due to low areas and a couple of waterways that remain wet and there is some floodplain upon the property. Therefore, the applicant is proposing a rental amount of$800.00. Staff feels that the proposed rental rate is fair and would recommend approval of the lease agreement. Expenditure Required: None Source of Funds: N/A Policy Issue: Property Management Page 149 of 179 Background Information: N/A COMMENCING AT THE EAST '/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE SOUTH 890 18 1/2' WEST, 40.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST '/4 OF SAID SECTION 9 TO THE POINT OF BEGINNING: THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 A DISTANCE OF 1.0 FOOT; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 890 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE SOUTH 890 19�/z' WEST, 783.8 FEET; THENCE NORTH 660 54'/2' WEST, 340.8 FEET; THENCE SOUTH 37° 321/2' WEST, 250.0 FEET; THENCE SOUTH 10° 31' WEST, 364.5 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 890 211/2' WEST, 115.0 FEET ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE 00 541/2' EAST, 561.8 FEET; THENCE NORTH 26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 19%2' EAST, 406.9 FEET; THENCE SOUTH 890 151/2' EAST, 926.1 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 500 FEET; THENCE SOUTHEAST TO THE POINT OF BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE Legal Descriptions: 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET TO THE POINT OF BEGINNING. THENCE NORTH 890 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2' WEST, 162.15 FEET; THENCE SOUTH 890 191/2' EAST, 149.03 FEET; THENCE SOUTH 0° 071/2' EAST, 33 FEET; THENCE SOUTH 89° 19%2' EAST, 783.8 FEET; THENCE SOUTH 00 71/2' EAST, 33 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 00 30' EAST, 334.4 FEET; THENCE SOUTH 89° Page 150 of 179 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST '/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE NORTH 890 19'/z' WEST, 783.8 FEET; THENCE NORTH 660 54'/2' WEST, 340.8 FEET; THENCE SOUTH 370 32%2' WEST, 92.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 370 32'/2' WEST, 157.14 FEET; THENCE NORTH 0° 07'/2' WEST, 123.16 FEET; THENCE SOUTH 89° 19'/2' EAST, 96.12 FEET TO THE POINT OF BEGINNING. Page 151 of 179 CITY OF WATERLOO,IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Lease Agreement(the"Agreement")is made and entered into this day of_ 2018, by between e City of Waterloo, Iowa (hereinafter referred to as"City"),and S (hereinafter referred to as"Lessee") 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on the Southwest corner of Kimball Avenue and U.S. Highway 20, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing hay and pasturage of livestock,and shall not grow crops,cultivate the land,or use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of 2018, and terminating on the 31St day of December ,2018. The Lessee agrees to pay the City $800.00 on or before March 1 of each year during the term of this Agreement. Any payment made is non- refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days'written notice to the Waterloo Community Planning,and Development Department. i. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only. Further, Lessee agrees that if flooding occurs,the livestock will be removed to another location until the land has dried and recovered sufficiently to allow grazing and pasturing again. 5. Lessee will assume full responsibility for any and all livestock escaping and agrees to assume liability for any damage caused to the livestock being at large or any injury or death of livestock while at large. b. Lessee agrees to post adequate signs to keep hunters and trespassers off the Property, and Lessee shall not hunt nor permit any other person to hunt on the Property. Lessee will be solely responsible for keeping trespassers off the Property. 7. In consideration of the extension of this Agreement to the Lessee,Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions,causes of action,and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee,its employees or agents. 8. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than$1,000,000 per occurrence, Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later June 18, 2018 A renewal certificate shall be provided to the City w prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee,its agents or employees. F k Page 152 of 179 9. Lessee agrees to prohibit all engine-powered off-road vehicles and four-wheel drive vehicles. 10. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance which may be necessary,at no cost to the City. 11. Lessee shall comply with all applicable environmental laws concerning application,storage and handling of chemicals(including,without limitation,herbicides and insecticides)and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked,tightly closed containers, No chemicals or chemical containers will be disposed of on the Property, Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge,leak,or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur,and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields(when posting is required)whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances,including but not limited to waste oil,tires,batteries,paint,other chemicals or containers,anywhere on the Property. Solid waste may not be disposed of on the Property, Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee,viewing the Property,snaking improvements,or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Lessee agrees that on termination of the Agreement,Lessee will yield possession of the Property to City without further demand or notice,in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 15. Nothing in this Agreement shall,or shall be deemed or construed to,create or constitute any joint venture,partnership,agency,employment,or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. If Lessee fails to observe any term or condition of this Agreement,including but not limited to the payment of rent,it shall be in default of this Agreement,and City may then exercise any and all legal remedies available under applicable Iaw. In the event of default Lessee shall be liable for any and all damage or Ioss suffered or incurred by City,including but not limited to reasonable attorneys'fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail,postage prepaid,and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail,postage prepaid. 2 Page 153 of 179 18. This Agreement contains the entire Agreement between the parties.None of the covenants,provisions,terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs,personal representatives,successors and assigns. IN WITNESS WHEREOF,the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE BY: By: Mayor By: ATTEST: City Clerk CITY'S ACKNOWLEDGMENT, STATE OF IOWA,BLACK HAWK COUNTY,S,9: On this" day of 2018, before me, the undersigned, a Notary Public in and for said County,fi-i said State,personally appeared and to me personally known,who,before by me duly sworn,did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of its City Council;and that the said MAYOR and CITY CLERK,acknowledged the execution of said instrument to be the voluntary act and deed of said City,by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STXI'E OF IOWA,BLACK HAWK COUNTY,SS: Acknowledged before me on `5) 2018, by, Y1�16'�("I' I'm as Notary Public 3 �Q' 3 Page 154 of 179 EXHIBIT "A" LEGAL DESCRIPTION COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE SOUTH 890 181/2 WEST, 40.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 TO THE POINT OF BEGINNING: THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 A DISTANCE OF 1.0 FOOT, THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 890 50' WEST, 39.0 FEET, THENCE NORTH 32. 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE SOUTH 890 191/2 WEST, 783.8 FEET; THENCE NORTH 660 541/2 WEST, 340.8 FEET; THENCE SOUTH 370 321/2 WEST, 250.0 FEET;THENCE SOUTH 10° 31' WEST,364.5 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 89° 211/2 WEST, 115.0 FEET ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9;THENCE 0" 541/1 EAST, 561.8 FEET; THENCE NORTH 26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 191/2' EAST, 406.9 FEET; THENCE SOUTH 89° 151/2' EAST, 926.1 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 500 FEET; THENCE SOUTHEAST TO THE POINT OF BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,IOWA. EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 890 181/2 WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9;THENCE NORTH 32°42' WEST,471.4 FEET TO THE POINT OF BEGINNING. THENCE NORTH 890 191/2' WEST,783.8 FEET,THENCE NORTH 66° 541/2 WEST, 162.15 FEET; THENCE SOUTH 89° 191/2' EAST, 149.03 FEET; THENCE SOUTH 0° 071/z EAST, 33 FEET, THENCE SOUTH 89° 191/2' EAST, 783.8 FEET; THENCE SOUTH 0° 711' EAST, 33 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9;THENCE SOUTH 0'30' EAST,334.4 FEET;THENCE SOUTH 890 50' WEST, 39.0 FEET; THENCE NORTH 320 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE , NORTH 89- 1911 WEST, 783.8 FEET; THENCE NORTH 660 5416' WEST, 340.8 FEET; THENCE SOUTH 37° 321/z WEST, 92.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 37° 321/2 1 WEST, 157.14 FEET; THENCE NORTH 0° 071/2' WEST, 123.16 FEET; THENCE SOUTH 89° 191/ EAST,96.12 FEET TO THE POINT OF BEGINNING. 3 !i E' s 4 s Page 155 of 179 IM City Owned Land - SW Corner of Kimball Avenue & Hwy 20 28.4 Acres I�u � i( pug X IMu�tl t i 'f � � ^hI IIIRiip1 r , �YM.A vw�ME! %d ltl D nd R� V ! I G� II I' l% O f / rr%l � Q uuuu %! N 200 %ril CITY OF WATERLOO Council Communication Resolution approving the contract for grant award between the Waterloo Housing Trust Fund V and the City of Waterloo Community Development Department, in the amount of$15,000, for repairs to existing single family owner occupied homes, and authorize Mayor to execute said documents. City Council Meeting: 5/29/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date (.."omrrajitiuly Developnnne nt Rvn es, Rudy Approved 5/22/2018 ... -20 PM t."perk Office Evenm, 1...,eAni) Approved 5/23/2018 ... 1.32 PM ATTACHMENTS: Description Type V"V1l i F 5 t`oiih-anat Me nio Resolution approving the contract for grant award between the Waterloo SUBJECT: Housing Trust Fund V and the City of Waterloo Community Development Department, in the amount of$15,000, for repairs to existing single family owner occupied homes, and authorize Mayor to execute said documents. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Request City Council authorization for Mayor Hart to execute the grant Recommended Action: award documents for immediate submission to the Waterloo Housing Trust Fund This award will help supplement our Emergency Repair Program, Summary Statement: specifically for eligible applicants unable to financially cover repair costs that exceed the Emergency repair Program cap of$4,000. Expenditure Required: none Page 157 of 179 WHTF 5 IFA 18-LHTF-10 INRCOG#88 Activity#2 CONTRACT FOR GRANT AWARD BETWEEN THE WATERLOO HOUSING TRUST FUND 5(WHTF) AND CITY OF WATERLOO Section 1:The Funding Contract The WHTF, hereinafter the Grantor agrees, upon the terms and conditions set forth,to make a grant to the organization titled City of Waterloo, located in Waterloo, Iowa hereinafter the Grantee, in the amount of$15,000.These funds were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority(IFA)State Housing Trust Fund on behalf of the Grantee for owner occupied housing emergency repairs meeting the definition of a low to moderate income family(see Section 5(b)(3) below), within Waterloo, as defined in the Grantee's proposal. The$15,000 in grant funds and local match is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: Disbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has submitted the Request for Disbursement. Disbursement will occur within two to four weeks of the Grantor receiving the Request for Disbursement from the Grantee, and dependent on how quickly the WHTF receives the funds from the Iowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the original application,within 30 calendar days from the date of the receipt of the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. Section 3:_Obligation to Repay Grant Amount In Event of Default Upon the occurrence of default, as defined in Section 7,the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of owner occupied emergency repairs for a low to moderate income family as stipulated in the Grantee's proposal,and that upon failure to complete the project stated in the application,the Grantee is obligated to immediately repay such amounts as are determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal,valid,and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is set forth in the Grantee's original application to the Grantor and no part of the proceeds will be used to finance ineligible costs,within the meaning of the rules; 1 Page 158 of 179 (3) There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Project or for the payment of any taxes,assessments, or other governmental charges assessed or levied with respect to the Project; (5) The certifications and representations of the Grantee and other information contained in the application were true and correct as of the date made and are true and correct on the date hereof,except as information in the application may have been amended with the written approval of the Grantor; (6) There has been no adverse change since the date of the application in the financial condition,organization,operation, business prospects,fixed assets,or key personnel of the Grantee; (7) No payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the application,or has or will be made for the purpose of obtaining approval of applications for additional assistance, or any other approval or concurrence of the Grantor required under this agreement; (8) No officer, member,or employee of the Grantor and no members of its board, and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the review of approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership,or association in which he or she is directly or indirectly interested or has any personal or financial interest,direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will incur expenses and draw the funds on the project no later than June 30, 2019. If it is not possible to meet this deadline the grantee shall immediately contact the grantor in writing to request an extension. (2) The Grantee will complete the project in accordance with the project bid,which must be submitted prior to any disbursement of funds. (3) The Grantee hereby certifies,through the completion of an income verification process, that the inhabitants of the housing unit to be built will meet the income guidelines set forth in the request for funding,specifically that the inhabitants of the unit(s)shall have a gross annual household income of less than 80%of the Area Median Income based on the size of the family. (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities, specifically for owner occupied housing emergency repairs. (5) The Grantee shall not materially change the project, abandon the project,or allow the project to be seized or operated by others, 2 Page 159 of 179 (6) The Grantee agrees to comply with the provisions of Section 36.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended,which compliance shall include, but not be limited to,the following: (i) Grantee shall not refuse to rent, or otherwise make unavailable or deny,a dwelling to any person because of race,creed,color, sex,familial status, national origin;age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms, conditions, or privileges or rental of a dwelling,or in the provisions of services or facilities in connection therewith, because of race,creed, color,sex,familial status, national origin, age,disability,or religion; (iii) Grantee shall not make or publish any notice,statement or advertisement, with respect to the rental or availability of a dwelling,that indicates any preference, limitation or discrimination based on race, color,creed, sex, familial status, national origin, age,disability, or religion; (iv) Grantee shall not refuse to permit,at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. (7) The Grantee shall,in all solicitations or advertisements for employees,state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion,sex, national origin, age, or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, creed,sex, national origin, age or disability, The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6; Accounts, Records, and Reports The Grantee agrees to comply with the following accounting, recordkeeping,and reporting requirements: a. The Grantee shall maintain books, records, documents,and other evidence pertaining to all costs incurred for the project,such as material and/or construction costs,for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary,the Grantee shall make available to the Grantor, its auditor,the State Auditor or the Iowa Finance Authority(IFA), for their examination,all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained for a period of five(5)years beginning with the date upon which project funds are received. d. The Grantee shall submit a Project Completion Report within sixty(60) days of the completion of the project.The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. 3 Page 160 of 179 Section 7: Events of Default The following events each constitute an Event of Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty(30)days after notice thereof to the Grantee by the Grantor;or b. The Grantee shall fail to perform or observe any other term,covenant, or stipulation contained in this agreement and any such failure shall remain unremedled for thirty(30) days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default,the Grantor or its agent may: a. Make no further disbursements under the Grant,and/or b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee,demand repayment from the Grantee of all or a portion of amounts previously disbursed under the Grant,whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its officers and employees from and against any and all losses, by it or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any law or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys, including the value of its connection with (i)the exercise or enforcement of any of the rights of the Grantor hereunder, (ii)the failure by the Grantee to perform or observe any of the provisions hereof, and (iii)the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor,any other reasonable expenses of the Grantor related to the project or this financing(including reasonable attorney's fees)which are not otherwise expressly required to be paid by the Grantee under the terms of this agreement; c. Grantee agrees to pay,as and if applicable, all appraisal fees,survey fees, recording fees, license and permit fees, insurance premiums,taxes, charges, and assessments in connection with the project. Section 10: Binding Effect;Governing Law . This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns,except that the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by,and construed in accordance with,the laws of the State of Iowa. 4 Page 161 of 179 Section 11: Severability If any provision of this agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable,the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 12: Amendments.Changes and Modifications This agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Termination Clause Either party assigned hereto shall have the authority to terminate this Contract,with just cause, by notifying the other party by registered mail not less than thirty(30)days prior to the effective termination date. Section 14: Entire Agreement Statement This Contract contains the entire agreement between the Grantor and Grantee for providing assistance. There are no other written or oral agreements,understandings,or contracts that shall take precedence over the items contained herein,unless they have been made a part of this Contract per Section 12. Section 15: Term of the Agreement This agreement shall be in full force and effect from the date hereof and until the project is satisfactorily completed on or before June 30, 2019. IN WITNESS THEREOF,the parties hereto have caused this agreement to be executed as of the date indicated below. CITY OF WATERLOO By: Date: Executive Direr-4r or BoarIA Chair/President WATERLOO HOUSING TRUST FUND (WHTF) Byw-- Date: till lIg John adget, Board Pres ent 5 Page 162 of 179 CITY OF WATERLOO Council Communication Resolution approving award of bid to Young Plumbing& Heating of Waterloo, Iowa in the amount of $189,800, in conjunction with the Waste Management Administration HVAC Cooling System Replacement. City Council Meeting: 5/29/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date W@sle Main ap erne,nat Eveam, i. eA: -iaa Approved 5/23/2018 2.25 PM ATTACHMENTS: Description Type Councnp t`onureuuaruieaaflon p:::lauc1itp:r Maateriiaap Resolution approving award of bid to Young Plumbing& Heating of SUBJECT: Waterloo; Iowa in the amount of$189,800, in conjunction with the Waste Management Administration HVAC Cooling System Replacement. Submitted by: Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Mgt. Services Recommended Action: It is recommended council approve award the bid to Young Plumbing& Heating in the amount of$189,800. Last year the air conditioning system for the administration building failed resulting two temporary cooling units being installed. As the bids exceeded Summary Statement: the engineer's estimate by $50,000, it is fully expected that a change order will be brought back to the council for a reduction for the controls portion of the contract. At that time, it is also expected that related revisions for add alternate No. 1 will be brought forth for consideration. Expenditure Required: $189,800 Source of Funds: Sewer Page 163 of 179 MII CO 1TY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 1 3505 Easton Ave. • Waterloo, IA 50702 - (319) 291-4553 • ' • • Steve Hoambrecker, Director 1 l May 23, 2018 I 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 I competitively bid the upgrade and replacement units, Kapaun Consulting Engineers was hired to engineer and prepared plans and specifications for this project. i Bids were opened on May 17, 2018 and read at the May 21, 2108 city council meeting. I i Contractor Base Bid Add Alternate No. 1 Young Plumbing & Heating $189,800 $89,400 Plumtech $193,850 $96,130 Winger Contracting $209,500 $72,660 Those bids greatly exceeded that the engineers estimate. One of the major issues related to proprietary control units which such pricing was $50,000 greater than the engineer's estimate. At the May 21st meeting, after initial discussions with the design engineer he was i recommending rejecting all bids and redoing the project in separate phases. Ongoing conversations with our legal department raised some concern with that approach. In the end, it has been decided to be in the best interest to accept the low bid and work with the low bidder to modify the controls section of the project via a change order. Recommended Action It is recommended that the city council approve the resolution approving award of contract to Young Plumbing & Heating in the amount of$189,800. It is fully expected that a change order will be brought back to the city council for a reduction for the controls portion of the contract. At that time, it is also expected that related revisions for add alternate no. 1 will be brought forth for consideration. Page 164 of 179 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel-motel mini grant application for the Full Count Sports Academy 13 U & 14 U Major State Softball and Baseball Tournament, in the amount of$2,558. City Council Meeting: 5/29/2018 Prepared: 5/24/2018 REVIEWERS: Department Reviewer Action Date (Ierk Office p vemi, p:,eAni) Approved 5/24/2,018 11-�8 AM ATTACHMENTS: Description Type Rcc;oniiiicrudadaaru 13ac~kup Ma te6a Resolution approving Convention and Visitors Bureau Board SUBJECT: recommendations for funding the following hotel-motel mini grant application for the Full Count Sports Academy 13 U & 14 U Major State Softball and Baseball Tournament, in the amount of$2,558. Submitted by: Submitted By: Tavis Hall; Executive Director of Waterloo Convention& Visitors Bureau Recommended Action: Approve recommendation. Page 165 of 179 Council Communication City Council Meeting: May 28, 2018 Prepared: May 18, 2018 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Hotel/Motel Tax Mini-Grant Recommendation Submitted by: Tavis Hall Recommended City Council Action: Approve Waterloo Convention & Visitors Bureau board recommendation for funding a mini-grant application by Full Count Sports Academy 13 U & 14 U Major State Softball and Baseball Tournament in the amount of $2,558 Summary Statement: Full Count Sports Academy helps promote baseball and softball while working with the Cedar Valley SportsPlex, promoting Cedar Valley facilities. This is a returning tournament to Waterloo. This tournament is for both softball and baseball for youth under the age of 14. There will be four tournaments, boys and girls 13U and boys and girls 14U. They have added an additional tournament this year that will be ' played on a local high school diamond. They will be promoting the tournament on the USSSA website as well as through their own website, which helps promote Waterloo as a baseball/softball event host for much larger USSSA tournaments. Attendance: They are expecting 3,000 attendees with 95% from outside Black Hawk County and all from Iowa. Projected room nights: They project 300 room nights. They are requiring a 2-night stay. Projected economic impact: $63,404 Expenditure Required: $2,558 Source of Funds: Hotel-Motel Tax Grants Policy Issue: None Alternative: Do not fund. Background Information: This tournament has been in Waterloo for years, but without this funding they will move the tournament out of town. They have also added a singles event on Friday, with a goal of increasing hotel nights. Page 166 of 179 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application Waterloo Hotel-Motel Tax Year-Round (Mini) Grant Application I Entire application MUST be typed and every question must be answered fully Total Request: $3000.00 Total Project Cost: $32,000 0 a I. Contact Information/Background Information 13U MAJOR STATE, 14U MAJOR STATE, JUNE 22ND Name of Event/Project: Event/Project Date: FULL COUNT SPORTS ACADEMY Name of presenting organization: Non-Profit Organization:[] For-Profit Organization:7 Check payable to(if different than above): 45-2892300 FEIN Number: t JOHN BRINKER x Contact person: ¢ 3561 UNIVERSITY AVE. Address: € WATERLOO IA 60701 City: State: zip; 6 319-232-6648 fullcouhtsa@gmail.com Phone number: Email: FULLCOUNTSPORTSACADEMY.COM Organization web address: ) 1 Please describe your organization. Include information about mission,history,staff,volunteers,etc.? Please also describe how your organization collaborates with others In the community throughout the year. I Full Count Sports Academy is a indoor hitting facility that is open throughout the year. We also have travel teams that compete in baseball & softball that compete here locally as well as throughout the state. Full Count goal is to promote baseball & softball throughout the cedar valley working with boys and girls who want to learn the game. We work with the Cedar Valley Sports Plex to promote the incredible facilities we have available to us here in the Cedar Valley. Is a member of the Waterloo City Council on your Board of Directors? YESU NOi[ � How does your organization market to/reach an audience outside of Black Hawk County? Through the USSSA website that promotes tournaments as well as the full Count website. S 1 $F g§ i f 4 ( t t Page 167 of 179 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application S Have hotel-motel tax grants been received for this project previously? YESWI AVO❑ If so,please provide a copy of the completed project evaluation form(s)that were turned in for reimbursement. I If so, please provide an explanation for why you are applying outside of the regulargrant cycle. We received a mini-grant last year. 3i Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required priorto the event taking place, i 2. Please share the following information about your project/event: a. Please describe the project and specify the goals/expectations. To puts heads in beds as the 13U & 14U major will require a two night stay. The state warm up will require a one night stay. b. Please describe the mechanism for measuring to see if expectations are met. Number of entries. You would be able to take the number of entries times 10 or 11 players plus families. e I E 3. Based on past history of this event(in waterloo and/or in other communities)please provide as much ti specific information as you can about attendance and hotel use. a. How many people do you expect to attend? 31000 1 1 i. Of those,how many will be from outside Black Hawk County?2,$50 3 I b. What method was used to determine this information? 6 f This is an estimate of how many teams we will have entered in the 3 tournaments. c. What will be the mechanism for tracking/measuring attendance? How are you adjusting it from the prior year? ( This once again will be figured by number of entries. I d, What are your expectations for hotel room use in Waterloo? 3 t We would be expecting 275-300 rooms. ii s F Page 168 of 179 E Waterloo Hotel-Motel Tax Grant(Mini Grant)Application e. How willy ou track room use? Talking with the teams and asking them where they are staying. This way we can also get feedback on how they like where they are staying. f. too you have room blocks? YeSE] NoLJ i. If so,how many rooms? What are the hates? l g. When are rooms typically booked? Middle of May until the first week of June for a majority of the teams. h. How long will people stay? 1 or 2 nights 1 l i. How many people stay in a room?Depending on size of faml}�( j. Please include event attendance and hotel use history if applicable.Where has the event been held 9 before?Flow many participants/spectators were involved previously? Same locations as last year but we have added an additional tournament that we be played at the high school fields this year as well. s k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism-related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without y grant funding? We are an indoor facility; this ties into our normal business by promoting baseball. s l These tournaments draw teams from outside of Black Hawk county and will require either a one night or two night stay. We will draw the same number of people with or without rt funding. However; the funding allows us to pay more for umpiring so we are able to get quality umpires for these tournaments ; also helping the quality of the tournamnet. I. For event-related capital projects only: Please describe how this ties into your organization's mission, . and how the project allows you to draw additional people to waterloo, 3 a } 6 3 y Page 169 of 179 r Waterloo Hotel-Motel Tax Grant(Mini Grant)Application i 4. Is this a new project or idea? YESF NOW 3 if yes,please describe,in detail,how this project explores a new idea,new direction,is innovative or a new project? f 3 SS� 3 f i 5. Are there significant changes to the event/application from previous years? YES WI NOR If yes,please describe,In detail,those changes. Examples could include changes In marketing efforts, expansion of the event schedule, etc. Yes we were able to an additional age group 14U state which requires a two night stay. {j{B 6 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? With the quality of fields that we have in the Cedar Valley teams are marking the Waterloo tournaments on their calendars as well as everything else that Waterloo has to offer. When we talk to people they tell us that what Waterloo has to offer has been a positive experience. 1 a a a 7. What specific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations,audience size,etc. Please provide Information about specific media,schedule,costs,etc. i Marketing is done with the USSSA(baseball)website as well as the Full Count Sports Academy website. i S. Please fill out the attached budget information(attached Excel file),and provide the following budget snapshot. Budget information should be as complete as possible. a. Totallncome; 35,250 27,500 b. Total Expense: � c. Net Profit(Loss)for the event; 7750.00 d. Please describe how the requested grant money fits into the overall project. How will the funds be used, i and how would not receiving full funding through this process affect your event? This helps us pay and get quality umpires as well as diamond rentals and baseballs. If we are unable to get funding it will certainly make it harder to get the best of the best with umpires. 1 7 f e i Page 170 of 179 E i Waterloo Hotel-Motel Tax Grant(Mini Grant)Application I I I e. How will profit(if applicable) be used by the project/organization/business? To continue to promote tournaments and get more teams to the Cedar Valley as well as promote baseball & softball locally. I Additional information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? � We thank you for your past support and hope that CVB will continue to support these tournaments. i I ' Acknowledgment and Signature lhavelevfe+yedlbls ApptFcalknfarGrant Fandsfram the CltyoflVotetlao and Waterfooconventlan and Vislrars Bareau.Ta the best af+»yknowledge,lfieln/arniotlos[ontnlnnd fn this application and Its attachments h ocearate and eotaplete.The irate!-Motel Tax Granlfrmds nre relnihurst'nlPatfundrfor prnJer[fundtnp alreadyspenq and are to be osedfar the express }k purpose asstatedin the orantApplfcarion.G the undenigaed,knowfuftandwelithat iffhirpragram/p fect does not transpire,re—amendallon by the Waterloo Convention and Visitors Yf Bureau Board of Directorsfarfundinp M111,e wilhdrawn.MyorganhaNan will be responsiNefurrefundinp anyportian ofgrantfundsalreadyreretvedorforcoverlrig the c ,tsforportlons ofthe prefect that are norrfundable or aotstated herein. ! [.ham fi a I nature of Applicant Dale l 1 E pi k {F { a� 3 ptl F {l 4 F 3 3 Y l p5 {f 9 t l }i aft 8 € €3� 3¢ L d Page 171 of 179 � | � | � � � | ! ! \ | ) | ! | » � | \ � ) � | � ! � \ � � f | it a ± i ; / ) ( ) ) | \rn Qj | , aj 4.2 | k k / | ) C: \\ © / t | 5 \ ) § [ O R -To ! CL 0 L ( { cL | ( w G 2m | } - _ m ) ( A § f ® ® ° q ® 2 | ) � \ « [ - r ) e \ | � 2q ) ® m2 - - ■ g0 -a - � 5 § » D � u | } § / # § § � \ t / 2 \ � \ § \ \ § 2 | ( cL L". ƒ / * § ! { � ) Page 172 0 179 } E { $ipjeF � F Y y1 1 p]� I 4 3 3 4 I}ry� 3F E g€ f 0 p� l!1 N 'F t t I 4 $j3 y8 9 g 5 S Page 173 of 179 CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E, Sales. City Council Meeting: 5/29/2018 Prepared: 5/16/2018 REVIEWERS: Department Reviewer Action Date t]errk Off-we i dcimlle, Keiieylid roved 51/ 6/2018 ... 4.41 P ATTACHMENTS: Description Type Oudinaaacx, as proposed Baac1cap Materaa� Motion to receive, file; consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 SUBJECT: Police Regulations; Chapter 2 General Offenses; Section 13 Fireworks, Subsection E Sales. Motion to suspend the rules. Motion to consider and pass for the thud time and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Cleric Page 174 of 179 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY AMENDING TITLE 5 POLICE REGULATIONS, CHAPTER 2 GENERAL OFFENSES, SECTION 13 FIREWORKS, SUBSECTION E SALES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the City of Waterloo Code of Ordinances be amended by amending Title 5, Police Regulations, Chapter 2, General Offenses, Section 13, Fireworks, Subsection E Sales, as follows: 5-2-13: FIREWORKS: E. Sales: it shall be ttiilamwful te sell eeiistiflief of display fifewefks iii any leeatieii ,y,it i the Git-y limits of the City of W teflee exvcFc-zws efi' l�zgh > of N4 2,P by City of Al teFlZe�,tees '`�07Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this day of 2018. Quentin Hart, Mayor ATTEST: CITY OF WATERLOO Council Communication An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter I Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. City Council Meeting: 5/29/2018 Prepared: 5/24/2018 REVIEWERS: Department Reviewer Action Date Poke F)eparfiT=1. Fdclfle, Kefley Apd)roved 51 eta/.20 i 8 4.29 PM ATTACHMENTS: Description Type D Proposed Ordinar= Bac.kitp Materap Motion to receive, fide and consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter I Traffic Code, of Title 6 Motor Vehicles and Traffic, by SUBJECT: adding Article 5 Officer Traffic Citation. Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted by: Submitted By: Bruce Jacobs, Ward 2 Councilperso Page 176 of 179 6-1-5: OFFICER TRAFFIC CITATION A. General: City police officers may issue OFFICER TRAFFIC CITATIONS to violators for citable violations of the city traffic code referred to in section 6-1-1, as set forth in subsection C of this section, in lieu of an Iowa Uniform Citation and Complaint, provided that none of the disqualifying criteria set forth in subsection E of this section are met. The process used to issue and maintain records for OFFICER TRAFFIC CITATIONS may be managed by the private contractor that owns and operates the requisite equipment, with supervisory control vested in the City's Police Department. B. Definitions: 1. OFFICER TRAFFIC CITATION: Shall mean a notice of fine generated in connection with this section. 2. OFFICER TRAFFIC ENFORCEMENT CONTRACTOR: Shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the officer traffic enforcement process. C. Notice Of Violation; Fine: 1. The OFFICER TRAFFIC CITATION will be served upon the violator upon contact by the officer observing the violation. The citation shall include the name and address of the violator; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits. 2. Any violation of this section shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. D. Citable violations: 1. Any violation under city traffic code section 3842. E. Disqualifying Criteria: An OFFICER TRAFFIC CITATION shall not be issued under any of the following circumstances: Page 177 of 179 1. The violation arises in connection with a traffic accident in which a person has been injured. 2. The violator has no valid driver license. 3. The violator is operating while under the influence of alcohol or a controlled substance as defined by state law. 4. The violator has been convicted of, or pled guilty, no contest or the equivalent to, a traffic violation within the two years preceding the date of the violation being considered, as indicated by Iowa DOT or other state records. 5. The violator is unable to provide proof of insurance. F. Contesting an OFFICER TRAFFIC CITATION: A violator who has been issued an OFFICER TRAFFIC CITATION may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an Administrative Appeals Board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within thirty (30) days from the date on which the citation was received. After a hearing, the Board may either uphold or dismiss the citation, and shall mail its written decision within ten (10) days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the violator shall either pay the fine or submit a request pursuant to subsection F2 of this section. 2. By submitting in a form specified by the City a request that in lieu of the OFFICER TRAFFIC CITATION, a Municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within thirty (30) days from the date on which the citation was issued. Such a request will result in a court order requiring the violator to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a Judge or Magistrate. If the court finds the violator guilty of the Municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. G. Failure To Timely Pay Or Appeal: If the recipient of an OFFICER TRAFFIC CITATION does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a Municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with section 6-1-1 of this chapter rather than subsection C of this section. If the court finds the vehicle owner Page 178 of 179 guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. (Ord. 5411, 8-7-2017) Page 179 of 179