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HomeMy WebLinkAboutCouncil Packet - 8/27/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 27, 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 243 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jamie Knutson, Interim City Engineer Agenda, as proposed or amended. Minutes of August 20, 2018, Regular Session, as proposed. ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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. Noise variance request from Deacon Michael Lien of New Living Hope Apostolic Church to hold a community outreach event at Lincoln Park on September 22, 2018 from 10:00 a.m. to 2:00 p.m. and again on September 29, 2018 from 10 a.m. to 4 p.m. including the use of a PA system. Submitted By: Dave Mohlis, Police Captain 3. Request from Michael Fecht for a waiver for a concrete driveway located at 4837 Charolais Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, Interim City Engineer 4. Request to certify assessment to 211 Fowler Street in the amount of $4,185, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Matt Mahler, General Manager 5. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as September 20, 2018, and public hearing as September 24, 2018, in conjunction with the 2018 Carnegie Annex Roof Replacement Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting the date of public hearing as September 10, 2018 to approve Page 2 of 243 the request by to vacate, sell and convey a 20 foot x 100.46 foot public alley located northwest of 2022 Jefferson Street to Steis Holdings in the amount of $2,150.92, subject to a private easement being maintained over the vacated alley to allow access to 321 W. 18th Street, and subject to a public easement to be retained for utilities, and authorize City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as September 13, 2018 and date of public hearing as September 17, 2018 for the purchase of one (1) 2018 Triple Combination Pumper for Waterloo Fire Rescue, and instruct City Clerk to publish notice. Submitted By: Pat Treloar, Fire Chief 8. Resolution setting a date of public hearing as September 10, 2018 to approve a Purchase and Sale Contract for city owned property located at the northwestern corner of Martin Luther King Jr. Drive and Idaho Street, in the amount of$12,000 with development agreement, to The Overland Group, LLC, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving the request of Christopher Hagness for tax exemptions on the construction of a new single family home valued at $595,000 for property located at 5119 South Fork Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving the request of Shelia Mattoon for tax exemptions on the construction of a new single family home valued at $307,099 for property located at 1263 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving the request of Matthew J. Buenger for tax exemptions on the construction of a new single family home valued at $353,173 for property located at 1737 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving the request of OIP Real Estate, LLC for tax exemptions on the construction of home improvements valued at $30,000 for a property located at 424 Peek Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 13. Resolution approving the request of Lee and Mary Galloway for tax exemptions on the construction of home improvements valued at $37,000 for a property located at 633 Boston Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Sarah Kempen Class/Meeting: Iowa's River Restoration Toolbox Page 3 of 243 Destination: Cedar Falls, IA Dates: September 24- Amount not to exceed: $600.00 27, 2018 b. Paul Huting, Leisure Services Director Class/Meeting: Iowa Park and Recreation Association Fall Workshop Destination: Fort Dodge, IA Dates: September 11-12, Amount not to exceed: $238.00 2018 2. LIQUOR LICENSES a. Casey's Pub & Eatery, 1125 W. Donald Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/31/2019 b. Tobacco Outlet Plus#500, 1803 LaPorte Road Class: C Beer Renewal Application Includes Sunday Expiration Date: 10/14/2019 3. Motion to approve Application for Fireworks Display in conjunction with the Mayor's Firework Labor Day Kick-Off event to be held at Park Avenue Bridge, on Friday, August 31, 2018, at 9:45 p.m. for approx. 20 minutes. Submitted By: Pat Treloar, Chief of Fire Services PUBLIC HEARINGS 2. Anaerobic Digester#3 Cleaning Project, Contract No. 953. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Nutri-Ject Systems, Inc. of Hudson, Iowa in the amount of $63,050, and approving the contract, bonds and certificate of insurance for the Anaerobic Digester #3 Cleaning Project, Contract No. 953, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steve Hoambrecker, WMS Department Director 3. 2018 Fall Stump Removal Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the 2018 Fall Stump Removal Project bid to Tree Pros of Waterloo, Iowa, in the amount of $97,200, and approving the contract, bond and Page 4 of 243 certificate of insurance, and authorize the Mayor to execute said agreement. Submitted By: Todd Derifield, City Forester 4. FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952. 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, bid documents, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director RESOLUTIONS 5. Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $15,677, to replace ash trees in Miriams Park and Prairie Grove Park. Submitted By: Todd Derifield, City Forester 6. Resolution approving new Young Arena ice rental rates for the 2018-2019 season and the 2019-2020 season. Submitted By: Chris Dolan, Young Arena Manager 7. Resolution approving a five (5) year beverage sales agreement with Pepsi Beverages Company, and authorizing the Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director 8. Resolution approving Methamphetamine Drug Hot Spots grant money as a sub- recipient from the Governor's Office of Drug Control Policy, in the amount of$23,000.00 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize the Mayor and Chief of Police to execute said document. Submitted By: Frank Krogh, Captain of Police Services 9. Resolution approving a request by CGA Engineers on behalf of Fusion Investments, for the preliminary plat of Cedar Valley Crossing, a ten (10) lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving a Revitalize Iowa's Sound Economy (RISE) application for local development with a total project cost of$520,365, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application providing financial assurances in conjunction with same, accepting responsibility for improvements to University Avenue access improvements to the former Weissman Steel site, and authorize the Mayor and City Clerk to execute any necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Page 5 of 243 11. Resolution approving a Revitalize Iowa's Sound Economy (RISE) Immediate Opportunity application for local development, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to Marnie Avenue at a total project cost of $630,395, and authorize the Mayor and City Clerk to execute any necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution of consent to allow the conveyance of property subject to a development agreement from Black Hawk Contracting to a neighboring property owner, located at 324 Madison Street, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 13. Resolution approving a Professional Services Agreement between AECOM Technical Services, Inc. for floodplain analysis within the City owned Wagner Road subdivision, in the amount of $12,500, and authorize the Mayor and City Clerk to execute said document. Submitted By:Aric Schroeder, City Planner ORDINANCES 14. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet. Motion to suspend the rules. Motion to consider and pass for third time and adopt said Ordinance. Submitted By:Aric Schroeder, City Planner OTHER COUNCIL BUSINESS 15. Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2012A, Series 2012B and Series 2013A bonds. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers Page 6 of 243 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Meeting minutes July 2018. 2. Waterloo Leisure Services Commission minutes of July 10, 2018 3. Waterloo Water Works Board of Trustees meeting minutes of August 15, 2018. Page 7 of 243 CITY OF WATERLOO Council Communication Minutes of August 20, 2018, Regular Session, as proposed. City Council Meeting: 8/27/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'iice 1" mcy Approved 8/22/201 ... 12-00 PM ATTACHMENTS: Description Type Minutes Auj.?,:stt 20, 2018 Backup Mamtte laap Submitted by: Submitted By: Page 8 of 243 August 20, 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, August 20, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Dave Zellhoefer, City Attorney. 146395 - Juon/Jacobs that the Agenda, as proposed, for the Regular Session on Monday, August 20, 2018 at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146396 - Juon/Jacobs that the Minutes, as proposed, for the Regular Session on Monday, August 13, 2018 at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Mrs. Juon asked that the ISO rating changed be noted in the minutes. Proclamation declaring August 19-25, 2018 as Water&Wastewater Workers Week. Recognition and swearing in of new Police Officers, Jordan Helgeson, Kyle Janikowski, and Kristie Sommer. ORAL PRESENTATIONS Marcella Gruver, 203 Miriam Drive, asked the council to prohibit Pride Fest from taking place in Waterloo. Bob Manning, 2908 W. 3rd Street Cedar Falls and Homebuilders Association, announced that the 2018 parade of homes is Thursday through Sunday this week and one-fourth of the homes will be located in Waterloo. Amy Siglin, 1908 Lorraine Avenue, explained that she was upset because 23 cars were parked on her street and questioned why Enterprise Rent-a-Car is allowed to put an abundance of vehicles on their street. Dwayne Eilers, 1205 '/2 Bishop Street, explained that the city towed his semi but that he has routinely complained about code violations and nothing has happened and believes that the city discriminates against him. Bruce Kaesser, CRC Apartments, shared a quote from Mother Teresa about kindness, happiness, and honesty. Forest Dillavou, 1725 Huntington Road, commented that he attended the University Avenue reconstruction meeting and stated that he was upset to hear that the design is going to include a roundabout and questioned who approved the change to the design. Mayor Hart summarized the the University project and noted that council will be voting on each August 20, 2018 Page 2 Kyle Ramaker, 1905 Lorraine, explained that Enterprise Rent-a-Car is creating a safety hazard by parking their cars on the residential street. Mr. Morrissey highlighted some of the events happening at Pride Fest, the Parade of Homes, and Friday'Loo. Mr. Jacobs commented that the professional level of the council meetings has deteriorated including oral comments and encouraged residents to not make commentary after their time has ended because people and prospective employers are watching the meetings. He commented that he does not support removing a bridge at Greenhill Road and supports moving the project to the West section of University Avenue to minimize the impact to the businesses in that location. 146397 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146398 - Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: I. Resolution approving Finance Committee Invoice Summary Report, dated August 20, 2018 in the amount of$2,675,036.16, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2018-609. 2. Resolution approving request from Cindy McGeough for a waiver for a concrete driveway, located at 800 Wisner Drive, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2018-610. 3. Resolution approving request of Main Street Waterloo, Waterloo Community Schools and the City of Waterloo, to hold the 20th Annual Fun Run event on Tuesday, September 18, 2018 from 9:30 a.m. to Noon, including street closure and noise variance for the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-611. 4. Resolution approving preliminary plans, specifications,bid documents, etc., setting a date of bid opening as September 13, 2018 and setting a date of public hearing as September 17, 2018 for the Satellite Wet Well Rehabilitation, Contract No. 907, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-612. August 20, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-614. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. 5 Waterloo Police Field Training Officer Waterloo, September $2,250.00 Officers (TBD) Certification IA BHBSO 24-28, 2018 Training Center 2• Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda a. Kwik Star#569, 875 Fisher B Wine/C Beer Renewal 8/27/2019 X Drive 3. Recommendation of appointment/promotion of Chad McNamara, Equipment Operator I, from the current Civil Service list, to the position of Equipment Operator 11 in the Street Department, effective August 27, 2018. 4. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146399 - Schmitt/Amos that proof of publication of notice of public hearing on an amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet, as published in the Waterloo Courier on August 10, 2018,be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146400 - Schmitt/Amos that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146401 - Schmitt/Amos ,l-- Gc_-_ !1-_A---"-_-- "------.1L-'_ !l-_.7L__-_-- TT_ Cn''7n __ _----_--1-A l- r Al 7-_-_1-- 7__----'_ August 20, 2018 Page 4 Mr. Morrissey questioned if pharmacies would be able to sell any type of alcoholic beverage and if the square footage increase applies even to outside the overlay districts. Noel Anderson explained the only impact outside of the overlay districts would be signage allowed for a grocery store under 15,000 square feet. Mr. Schmitt questioned the expansion of the district. Noel Anderson explained that the council asked to have a review of the overlay district and explained the expanded boundary of the Church Row Overlay District. 146402 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Four. Nays: Two (Klein and Schmitt). Motion failed. Noel Anderson explained that anyone who wants to open a business in the overlay district must apply to do so prior to passing the ordinance to receive grandfathered status. Mrs. Klein questioned if any properties are in the pipeline to be considered. Noel Anderson explained that there were none that he was aware of, other than the pending Byron Avenue Hy-Vee case. RESOLUTIONS 146403 - Morrissey/Amos that "Resolution setting the date of a Special Election as November 6, 2018 to fill the City Council Ward 5 vacancy, and directing City Clerk to notify the Black Hawk County Elections Office," be adopted. Roll call vote-Ayes: Three. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed. Resolution assigned No. 2018-615. 146404 - Klein/Jacobs Amend to call for special election on December 11 and table action to September 4. Roll call vote- Ayes: Three. Nays: Three (Morrissey, Amos, and Juon). Motion failed. Mrs. Klein commented that she wants the election to remain non-partisan and has concern for holding the election during the general election due to partisan politics. She further explained that she is okay with spending the funds to ensure that the political parties stay out of the election. Mrs. Juon commented that she is concerned that the council should not be without a seventh member for too long. Mr. Morrissey commented that he is opposed to the amendment because voters are intelligent enough to separate this election from a general election, and that both the cost and amount of time allowed for individuals who wish to run for council is equal to what all current council members had in a regular election and he agrees with Mrs. Juon on her comment regarding the time without a August 20, 2018 Page 5 Mayor Hart commented that by failing to take action tonight puts the city dangerously close to being out of compliance with the state. Mrs. Klein commented again on the need to keep partisan out of the city election process. Mayor Hart reminded the council there are only a certain amount of dates available based upon the time frame. 146405 - Juon/Amos To place an item on the August 27th agenda calling for an election on October 2, 2018. Roll call vote-Ayes: Three. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed. Mrs. Klein explained that her reason for advocating for the December election was because it would be unfair to expect anyone to execute a good campaign in a limited time. Mr. Jacobs questioned what the compliance issues are with the state. Mayor Hart explained that by state code we must have seven council members. Kelley Felchle provided further details regarding the timeline for an election. Mr. Morrissey commented on his disappointment that the November date was not agreed upon because it would result in more voters at the polls. Mrs. Juon commented that the residents of Ward 5 deserve to be fully represented on this council. Mr. Schmitt commented that those candidates who have expressed an interest in running, would have an unfair amount of time in which to prepare. Mr. Morrissey commented that a December election would require a campaign during the holidays. 146406 - Amos/Morrissey that "Resolution approving award for audit services to RSM US, LLP for the fiscal years ending June 30, 2018, 2019 and 2020, at estimated fees of$82,130, $84,490 and $86,850, respectively,"be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Schmitt questioned if these services are bid on a regular basis. Michelle Weidner, Chief Financial Officer, explained that the contract is bid once every three years. Mrs. Klein questioned if the council saw the bids. Michelle Weidner explained that two bids were received but she did not have those with her at this time. Resolution adopted and upon approval by Mayor assigned No. 2018-616. 146407 - Amos/Morrissey August 20, 2018 Page 6 146409 - Schmitt/Amos that "Resolution approving Supplemental Agreement No. 2 with AECOM, for a net increase in the amount of $37,500, for the Dry Run Creek Interceptor City of Waterloo, Contract No. 877," be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4t"' Street, questioned the need for the change order. Steve Hoambrecker, Waste Management Director, explained that the change order covers improvements added to the project. Resolution adopted and upon approval by Mayor assigned No. 2018-618. 146410 - Schmitt/Amos that "Resolution approving an Amendment to the Development Agreement with Veteran Enterprises, Ltd. of Waterloo, Iowa, approved July 6, 2009, for an extension for construction on Phase III, and authorize the Mayor and City Clerk to execute said documents," be adopted. Roll call vote-Ayes: Six. Motion carried. Noel Anderson provided an overview of the item. Mrs. Klein questioned the commencement date. Noel Anderson provided clarification. Resolution adopted and upon approval by Mayor assigned No. 2018-619. 146411 - Morrissey/Amos that "Resolution approving an Amendment to the Development Agreement with Powers Manufacturing Company of Waterloo, Iowa, approved July 11, 2005, to allow the company to purchase property from the City of Waterloo, in the amount of$60,764.50, and authorize the Mayor and City Clerk to execute said documents,"be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-620. 146412 - Morrissey/Amos that "Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, with an estimated fee of $25,000, in conjunction with the FY 2018 Virden Creek Levee Improvements, Contract No. 947, and authorize the Mayor to execute said document,"be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-621. ORDINANCES 146413 - Schmitt/Amos August 20, 2018 Page 7 146414 - Amos/Morrissey that a motion approving Change Order No. 2 for a net increase of $28,434.72 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document be approved. Voice vote-Ayes: Six. Motion carried. Jamie Knutson, Interim City Engineer,provided an overview of the change order. Mr. Jacobs questioned what the expansion means to the city. Noel Anderson explained that the expansion plans are still being explored and how the expansion efforts will increase employment opportunities. 146415 - Morrissey/Amos that "Resolution approving proposed construction of sidewalk improvements in conjunction with the FY2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958," be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-622. 146416 - Morrissey/Amos that "Resolution to fix value of lots in conjunction with the FY2019 Sidewalk Repair Assessment Program—Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-623. 146417 - Morrissey/Amos that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs in conjunction with the FY2019 Sidewalk Repair Assessment Program—Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-624. 146418 - Morrissey/Amos that "Resolution of necessity and setting date of hearing as September 10, 2018 in conjunction with the FY2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-625. ADJOURNMENT 146419 - Morrissey/Jacobs that the Council adjourn at 6:56 p.m. Voice vote-Ayes: Six. Motion carried. CITY OF WATERLOO Council Communication Noise variance request from Deacon Michael Lien of New Living Hope Apostolic Church to hold a community outreach event at Lincoln Park on September 22, 2018 from 10:00 a.m. to 2:00 p.m. and again on September 29, 2018 from 10 a.m. to 4 p.m. including the use of a PA system. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date 1 o ce Departrnent Mohiis, Dave Approved 8/21/2018 ... 1 O53 AM 1.`Ileak Office Eveni, 1:.e nira Approved 8/21/2018 5-23 PM ATTACHMENTS: Description Type New J.Jvrig 11opa:, (pl.nircli Vair R.es.p t:"4a�r�:°ir Me nio Noise variance request from Deacon Michael Lien of New Living Hope SUBJECT: Apostolic Church to hold a community outreach event at Lincoln Park on September 22; 2018 from 10:00 a.m. to 2:0012.m. and again on September 29, 2018 from 10 a.m. to 4 p.m. including the use of a PA system. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Summary Statement: Religious event that will require a noise variance for the use of a PA system on September 22nd and again on September 29th, 2018. Expenditure Required: None Source of Funds: None Page 16 of 243 APPLICATION FOR VARIANCE TO NOISE ORDINANCE Ne w Li, . a, APPLICANT'S NAME: a C' a e, Lt e APPLICANT'S ADDRESS: �� � , 3 APPLICANT'S PHONE ANTICIPATED DATE OF VARIANCE: e4i '° u'loe r P P NAME OF EVENT: Lo i c ... Cit ,. TIMES OF DAY OF VARIANCE: /0 i 210 _ r " GEOGRAPHICAL,LOCATION OF VARIANCE: 1 . C.C) 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. a 'y` A —U Applicant's Signature o�'/ l / � 1 Date CITY COUNCIL ACTION: Police Dept, Recommendation APPROVAL: _. _ APPROVAL: DENIAL: DENIAL: _ _, DECIBEL LEVEL,: APPLICATION FOR VARIANCE TOOISE ORDINANCE q!� r,l&11 ' t L APPLICANT'S NAME: Afx1Ltd 'C; CLLL"V�C' APPLICANT'S ADDRESS: jjcZt(2,� APPLICANT'S PHONE#: 3 1 ct- 0 ANTICIPATED DATE OF VARIANCE: ft er 2 NAME OF EVENT: J, Vv I W, q 9C a0 t4tlo (f 0 C) TIMES OF DAY OF VARIANCE: # GEOGRAPHICAL LOCATION OF VARIANCE: P, I "C'0 1 vl� rav-k 0" avd' DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: C2 C, t" oc" 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. OAVieacl(k"' V-I oosioa/ oi SCIS .5C kvi.c7t, OT Pas s i�t 9, in LLt e"'o ki v I I"VLV, )'06'eq rC) A S'vsq-(-",Kj ct T)t- , W w C4, Applicant's Signature A U911 /, Z�0 Date W CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: CITY OF WATERLOO Council Communication Request from Michael Fecht for a waiver for a concrete driveway located at 4837 Charolais Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggd'ii=ing t niasob i, grram'ne Approved 8/21/2018 ... ::egg PM t.`Ilcak Office Everrm, 1-eA.airpproved 8/21/2018 5.41 PM ATTACHMENTS: Description Type DV"V Waiver 4837 (:'pnarroha s Di. Me nio Request from Michael Fecht for a waiver for a concrete driveway located SUBJECT: at 4837 Charolais Drive, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: GUERNSEYS SECOND ORANGE VIEW PLAT LOT 27 Page 19 of 243 WAIVER Cate: Ave Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete�or asphalt) ,M im tett (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. 2 placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2, To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. i 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of waterloo project. 4. To employ a bonded contractor who shall obtain a,permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed blame of Property Owner Signature of Property Owner Page 20 of 243 CITY OF WATERLOO Council Communication Request to certify assessment to 211 Fowler Street in the amount of$4,185, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/27/2018 Prepared: 8/15/2018 REVIEWERS: Department Reviewer Action Date W:a:ter Works Maifierc, Mead. Approved 8/15/2018 ... 4:40 P �.`Ileap Office p p igby, Naamy Approved 8/22/2018 ... 11-55 AM ATTACHMENTS: Description Type D Aaaa$.:st 15, 2018 Board aacdon sassr6 ssryueri iefle 211 ("oNler Memo F(,W ier s trr ee' Request to certify assessment to 211 Fowler Street in the amount of$4,185, SUBJECT: for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 21 of 243 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET - P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER August 15, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council* The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, August 15, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $4,185.00, which is supported by invoice from Frickson Bros. Excavating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 211 Fowler Street, which is located on the East 20 feet of Lot No. 6; and the West 15 feet of the South 70 feet of Lot No. 7, all in Block No. 3 in Sullivan Day's Addition to the City of Waterloo, East side of the Cedar River, Black Hawk County, Iowa, and owned by Margarita Quinto. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 22 of 243 Page 2 It was moved by Wienands, seconded by Welper, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/crn Page 23 of 243 CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc. and setting the date of bid opening as September 20, 2018, and public hearing as September 24, 2018, in conjunction with the 2018 Carnegie Annex Roof Replacement Project, and instruct City Clerk to publish notice. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date 1°nntnnii'n r& Zona iig Sdircoederc, A.rie Approved 8/22/2018 AM 1.1Ilcnp Office 1 p igt.)y, Namy Approved 8/22/2018 ... 11.55 A ATTACHMENTS: Description Type RFT Me nio City o1'" 'nnterr oo Anne.x Specs t."ove.r 1 e.n-io Resolution approving specifications, form of contract, etc. and setting the SUBJECT: date of bid opening as September 20, 2018, and public hearing as September 24, 2018, in conjunction with the 2018 Carnegie Annex Roof Replacement Project, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: GO Bonds Page 24 of 243 CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS 2018 CARNEGIE ANNEX ROOF REPLACEMENT PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, IA at the City Clerk's Office in City Hall, Waterloo, IA by Thursday, September 20, 2018 at 1:00 pm CST for the Carnegie Annex Roof Replacement Project. OPENING OF BIDS All proposals received for the 2018 Carnegie Annex Roof Replacement Project will be opened in the First Floor Conference Room in City Hall, Waterloo, IA on Thursday, September 20, 2018 at 1:00 pm CST, and the proposals will be referred to the Waterloo City Council 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 Carnegie Annex Roof Replacement Project on Monday, September 24, 2018 at 5:30 pm CST. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's Office, 715 Mulberry Street and the Waterloo Community Development Office, 620 Mulberry St., Waterloo, IA for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the 2018 Carnegie Annex Roof Replacement Project in accordance with these specifications. This project is a roof replacement project consisting of a combination of Architectural Asphalt Shingles—minimum 35 year warranty and a 60-mil black EPDM roof system. Project includes tear-off, insulation, rough carpentry and roof related sheet metal, felt, ice/water shield, trims and necessary accessories. CONTRACT PERIOD The work shall be completed no later than November 15, 2018 or earlier if weather permits. Page 25 of 243 PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope,by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, IA, in the sum of not less than five percent(5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction of work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s)whose bid, conforming to the bid specifications, is most advantageous to the City; price and other factors considered. The intention is not to award the contract at the time of the bid opening, but to award the contract after review of bids and bidder information by the City of Waterloo, such that the award is made within 14 days after the 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 and Payment Bond, within ten (l 0) days after notification of acceptance of the bid, in an amount equal to one hundred percent(100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shal I guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in City projects during the current calendar year. Page 26 of 243 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of work completed and work approved by the Building Maintenance Staff. Final payment will be made thirty-one (3 1) days after completion of the work and acceptance by the Building Maintenance Staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa on the day of , 2018. City of Waterloo, Iowa Kelly Felchle, City Clerk CITY OF WATERLOO, IOWA BUILDING MAINTENANCE INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS An explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. Page 27 of 243 II. PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. Before submitting a bid, each bidder shall carefully examine the jobsite, 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 performed and shall include in this bid a sum to cover the cost of all items necessary to perform work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. 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 Page 28 of 243 he has not colluded with any other person, film or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minor Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractor, vendors and suppliers in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at$50,000 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime contractor shall make "good-faith efforts" to meet the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for services being rendered. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTIONS/HUD ACT OF 1968 To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment but the contractor on this project. Opportunities for training and employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo, Iowa. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the program area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Page 29 of 243 Clause attachment for more information. VIII. STATEMENT OF BIDDERS QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, submit on the form furnished a statement of the Bidders 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 City of Waterloo 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 City of Waterloo all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo that the Bidder is qualified to carry out properly the terms of this contract. IX. EXECUTION OF AGREEMENT, BOND AND CERTIFICATE OF INSURANCE 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 numbers of copies as the City, may require. Page 30 of 243 CITY OF WATERLOO FORM OF BID The bidder, having fully read this document,hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: TOTAL BID SHINGLED ROOF: ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below. Page 31 of 243 August 28, 2018 Re: City of Waterloo, Annex Building Re-roof All Bidders, The City of Waterloo is inviting you to bid on the Annex Building re-roofing project, in Waterloo, Iowa. Bids are due by 1:00 pm on September 20, 2018. Bids must be marked Carnegie Annex Roofing Project, attn.: Noel Anderson and Mark Boesen. Bids will be received at the City Clerk's Office at 715 Mulberry Street, Waterloo, IA. Bids received after 1:00 pm on September 20, 2018, will not be accepted, and will be returned unopened. This project consists of reroofing the shingle portion as well as the flat roof. Existing roofing will be torn off to the existing deck in accordance with the attached specifications. Installation of the new roofing will be done in accordance with the attached specification. The reroofing project must be completed before November 15, 2018 Please contact Ed Abben, Building Maintenance Foreman at 319-269-4688 to schedule a time to visit the site. Thank you, Mark Boesen Facilities Administrator Page 32 of 243 Proiect Scope of Work for the Flat Roof: Existing Roof Demolition 1. Remove the existing built-up roofing and insulation down to the roof decking. Perform disposal in manner complying with all applicable federal, state, and local regulations. (Copy of Asbestos Inspection Report is available upon request) Carpentry 1. New wood blocking of 2x dimensional lumber to be installed around the perimeter as necessary to accommodate new insulation height. 2. Add wood blocking to curb tops to allow for proper flashing heights if needed. Roof Insulation 1. Install 1/8"per foot tapered insulation polyisocyanurate insulation over the whole roof section. Joints of the insulation layers are to be offset at least 6", and must be no wider than 1/4". Install 1/4"per foot tapered polyisocyanurate insulation crickets to divert water to roof drains. Contractor to submit an attached drawing showing tapered layout with their bid. 2. Insulation to be adhered with a foam adhesive which is approved by system manufacturer. Cover board 1. Install 1/4' Dens Deck Prime cover board over the new insulation. 2. Dens deck to be mechanically fastened,per manufacturer's requirements. Roof Membrane I . install a black 60 mil, fully adhered FPDM roof system,per manufacturer's specification. 2. Install necessary flashing and accessories, all produced by the same manufacturer as the field membrane. 3. Parapet wall to be terminated with termination bar before sheet metal trim is installed. Install water block sealant behind the membrane at this termination. 4. Approved Manufacturers: Firestone, GenFlex, Versico & Carlisle Syn-Tec. Page 33 of 243 Sheet Metal Trim 1. Sheet metal trim to be shop fabricated from 24 gauge Colorklad brand prefinished steel sheet metal, gravel stop profile. 2. Install two new scuppers and open-faced downspouts in existing scupper locations to accommodate new tapered insulation system. 3. Install surface mount counter-flashing on parapet walls. 4. One part polyurethane sealant to be installed before installing joint clips, as well as behind surface mount counter-flashing. Warranty 1. The new installation is to be inspected by a non-sales technical representative of the roofing manufacture. 2. After approved inspection, furnish a 20-year, non-prorated, labor and material warranty issued by the roofing system manufacture. Project Scope of Work for the Shingle Existing Roof Demolition 1. Remove the existing shingles and underlayment down to the roof decking. Perform disposal in manner complying with all applicable federal, state, and local regulations. (Copy of Asbestos Inspection Report is available upon request) Carpentry 1. Replace deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot on bid form. Underlay 1. Install ice and water shield waterproof underlayment at cave line of roof, valleys and roof to wall details as per code. 2. Install synthetic underlayment over remainder of deck not covered by ice/water shield. Page 34 of 243 Shingles 1. Install new GAF Timberline HD architectural shingles or equivalent, per manufacturer's specification. (color: By Owner) 2. Install "shingle-over" style ridge vent. 3. Install matching accessory shingles over the new ridge vent. Metal s/Trim 1. Install new Colorklad sheet metal roof edge (color: By Owner) 2. Install new sheet metal flashings at chimney(color: By Owner) 3. Replace existing soil stack flashings with new flashings Warranty 1. Provide owner with 2 year MRCA warranty on workmanship 2. Provide owner with manufacturer's standard materials warranty. Page 35 of 243 CITY OF WATERLOO FORM OF BID The bidder, having fully read this document, hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: $ TOTAL BID SHINGLED ROOF: ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below. Page 36 of 243 i, 3 i, From: MARK BOESEN Sent: Friday, August 17, 2018 8:37 AM To: PATTIE MAGEE Subject: RE: Carnegie Annex Roof Pattie: Service Roofing— 123 Arizona Street, Waterloo, IA 50703 Phone-232-4535 (. Black Hawk Roofing—619 E. 19"' Street, Cedar Falls, IA 50613 Phone—277-9355 Koch Construction—215 E. Main Street, Cedar Falls, IA 50613 Phone—266-0807 Those are the 3 that I know that are big enough to hand this job. Once advertised I'm sure others may bid. Mark i Mark A. Boesen 3 Facilities Administrator City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Phone: 319-291-4522 ext-3065 1 s il s 5 3; Page 37 of 243 a CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as September 10, 2018 to approve the request by to vacate, sell and convey a 20 foot x 100.46 foot public alley located northwest of 2022 Jefferson Street to Steis Holdings in the amount of$2,150.92, subject to a private easement being maintained over the vacated alley to allow access to 321 W. 18th Street, and subject to a public easement to be retained for utilities, and authorize City Clerk to publish notice. City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date 11paaamnmiama & Zonmirig Sell roederr, A.nic Ra jetted 8/22/2018 .... 1034 AM 11 Lii'arn rag& i!;a:nra ig Do nmoff, .D ohnm Approved 8/22/2018 .... 11.36 AM 11 paaaaaapng& Zoaminaag Scllnoeder., A6c A.pproved 8/22/2018 11.07 AM C.'lleu k: OfIlee 1lppnlby, Nmcy Approved 8/22/2018 .... 11 57 AM ATTACHMENTS: Description Type .crpaal Manp C`wer Ma.aio Overview Map Cover Meaio Stafp`R.ep ort Cover Mennaao Survey Cover na.l l e apo Eaasey ierat : pat-eer en,a 1_ryovel me aaaao PkAunrews Cover Mennn.o Apmp pardon (.lover Memml.o Resolution setting the date of public hearingas s September 10, 2018 to approve the request by to vacate, sell and convey a 20 foot x 100.46 foot public alley located northwest of 2022 Jefferson Street to Steis Holdings in SUBJECT: the amount of$2;150.92, subject to a private easement being maintained over the vacated alley to allow access to 321 W. 18th Street; and subject to a public easement to be retained for utilities, and authorize City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director That the City Council set a date of public hearing and publish an official Recommended Action: notice pertinent to the request to vacate, and have the Mayor and City Clerk execute the same. Summary Statement: Expenditure Required: None Page 38 of 243 Source of Funds: N/A Policy Issue: Economic Development, policies 1, 3 and 4. Alternative: N/A The request to vacate the alley would not appear to have a negative impact on the neighborhood as the alley has not been used for public access for many years. The vacate would not appear to have a negative impact on vehicular or pedestrian conditions in the area as the adjoining business has used the alley for parking. There is a trail along 18th Street located just northwest of the proposed vacate. There are currently no sidewalks on either side of Jefferson Street. The site has been zoned "M-1"Light Industrial District since the adoption of the Zoning Ordinance in 1969. North— Commercial zoned "M-1" Light Industrial District. South— Commercial zoned"M-I"Light Industrial District. East— Commercial zoned"M-1"Light Industrial District. West— Commercial zoned "M-1" Light Industrial District, the Iowa Northern Railroad and US Highway 218. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The commercial buildings in the area were developed between 1936 and 2005. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F Lowell Elementary School is located 0.334 miles to the northwest across US Highway 218, Hoover Middle School is located 2.24 miles to the southwest, and East High School is located 1.28 miles to the north. There is overhead power lines located along the alley so an easement will need to be maintained. There is a 36" Sanitary Sewer Line in West 18th Street, 4" Drain Tiles on each side of Jefferson, and a gas main located along Jefferson. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The request to vacate the alley north of 2022 Jefferson would not appear to negatively affect the area or traffic conditions. The alley has not been used as a public access for many years and the previous owner of the property to the north Integra Autos used the alley right of way to park vehicles. Page 39 of 243 The alley abuts two properties. Steies Holdings LLC located to the south of the property is the applicant is requesting to vacate of the alley that the city no longer needs. There are two properties to the north and both recently changed hands having previously been owned by Integra Auto they are now owned by Dale R Olsen of 1655 Bertch Avenue in Waterloo. The dead end of the alley also adjoins the property at 321 West 18th Street to the west owned by Prairie Construction. When the site was owned by Integra Auto they used the alley right of way to Background Information: display cars. Staff has not heard from the northern property owner if they would want a cross easement maintained so that they could access the property. It appears that the northern property has approximately 10-foot of driveway to access the lot without using the currently alley. This property also has a driveway along West 18th Street. The western portion of the alley was vacated by Ordinance 1534 on November 13, 1939. Staff has also notified the principals of Prairie Construction of the proposed vacate. This item was tabled by the Planning, Programming and Zoning Commission at their June 5th meeting due to opposition of the vacate by Prairie Construction who currently owns the property at 321 West 18th Street. They were concerned about losing a potential second entrance to their property through the alley. Since that meeting the applicant Steis Holdings and the owners of Prairie Construction have come to an agreement which will provide Prairie Construction and subsequent owners of the property at 321 West 18th Street an easement to use the vacated alley for access. There has been multiple attempts to contact Dale Olsen, owner of 307 West 18th Street to get his signature of approval of the vacate but he has not responded to letters sent from staff A meeting was held on July 17th, 2018 for all parties and Dale Olsen did not attend the meeting and has made no attempt to contact staff with any concerns. Staff is proposing to move forward with the vacate, as the Olsen property has access from west 18th Street and an approximate 10' wide portion of the driveway adjacent to the alley to be vacated, and they would have the potential to widen the Jefferson Driveway if the remaining 10' portion is not sufficient. There were no comments at Tech Review. At their August 7, 2018 meeting the Planning, Programming and Zoning Commission unanimously voted to recommend approval of the vacate. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate the 20' X 100.46' 2,009.2 square foot alley located north of 2022 Jefferson Street be approved for the Page 40 of 243 following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The alley has not been used as right of way for many years however the applicant does need the right of way to access his business. With the following condition: 1. That a private easement be maintained over the vacated alley to allow access to 321 W. 18th Street access to their property to the west and a public easement to be retained for utilities. The alley bounded on the Southeast by Lots numbered forty-one(41) and forty-two (42), and on the Northwest by Lots numbered forty-three(43) and Legal Descriptions: forty-four(44), all in Kenwood Park Addition, Waterloo, Black Hawk County, Iowa subject to the retention of an utility easement over, under and across the above described area. Page 41 of 243 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 r ryf�,, lil i i I J / � fti iii I uuuu VI ' �, 1181° ��II�II n i � Iliylu4uhilV IIY�'il � �"„ � /�//C III VIII IIIIIIIISIi° Iy 8 1 / r / I���/��/�/i/i �'^"" ✓�1, ����//iii, r�� %/��� ' YI ; I Irl '' h cult ! i "II�°Iv'IPIh� Ilgo Nu I �i III i I� Yi, n 1��Ii�Fv/i/�/i,,. N NW of 2022 Jefferson Street w E Vacate Request s Steies Holdings 4o Zo 0 40 Feet L Page 42 of 243 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 RAN �* R-4,R-P LU F KL C'2 R-3' R-3 C-2 z C- tE �� / J " �� wFtttt M-1 C-3 9T� ^� M-2 z M-1 MULBERRY ST � U w SV M-?" LU R-2 M ? 2 C-2 �q o O A RCHERAVE tt I w T T R i co IV F- BUTLER CeCZl6B"River FrTFST„m COTTAGE GROVE AVE � � O 5 �+ i C 2 �� Ott c� � DI � tt t M - �" r � I�C 1 I C-1 C-2 �� " ��e�� "" -2 �� Q R-1 R-P y" �ti sT w � M-1 z coC-1 3 � 41 ND ,, EIGHME ST <- I � nN LU n ��� r a HENR sr, c CT Lij O ❑ - N / �' S ❑ w > � �. 3 I ti GRANT AVE O R S \, z � z s •,, 5 A-1 \. WILLISTON AVE ^�n , ,, ,,,,,,,, ¢ � l� L I COM AL ST BERTCH AVE p PAPER MILL T FOREST AVE a I a ~ (n U) 1 J HAWTHORNE AVE O z HAWTH RNE AVEC R-3 ' F o z �< o BYRON AVE Q BYRON AVE . O� Y GLENNYIAVE F g w w �� 2 TEMPLE AV O ¢ 5 I R-2 U) REGAL.. ❑ � A Y E. JR-01C � LIBERTY AVE Z7 ( dlA"d� O m Harold � V.. PATTON AVE a - _ \_ � m , fa�t�Lake fait, ..n ,Lals�", � I I EE.MITCHEL..MITCHELL AVE C-2 L',AVE FR-2,C-Z! L. 1 ...,� AVE w BOUF LAND AVE AF VE ❑ F CORNWALL AVE Z O LORRAINE AVE • <<"AVE 2< a AVE ❑ ¢ ¢ w z 0 2 p a VE w EASTON AVE J EA; s N NW of aoaa Jefferson Street w E Vacate Request s Steies Holdings 1,000 500 0 1,000 Feet Page 43 of 243 August 7,2018 REQUEST: Request by Steies Holdings LLC to vacate a 20'X100.46' 2,009.2 square foot public alley located northwest of 2022 Jefferson Street. APPLICANT(S): Steies Holdings LLC, 207 Beverly Boulevard, Hudson, IA 50643 GENERAL The applicant is requesting to vacate an alley southwest of DESCRIPTION: Jefferson Street. IMPACT ON The request to vacate the alley would not appear to have a NEIGHBORHOOD & negative impact on the neighborhood as the alley has not SURROUNDING been used for public access for many years. LAND USE: VEHICULAR & The vacate would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian conditions in the area as the adjoining TRAFFIC business has used the alley for parking. CONDITIONS: RELATIONSHIP TO There is a trail along 18th Street located just northwest of the RECREATIONAL proposed vacate. There are currently no sidewalks on either TRAIL PLAN and side of Jefferson Street. COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "M-1" Light Industrial District since FOR SITE AND the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: North — Commercial zoned "M-1" Light Industrial District. South — Commercial zoned "M-1" Light Industrial District. East — Commercial zoned "M-1" Light Industrial District. West — Commercial zoned "M-1" Light Industrial District, the Iowa Northern Railroad and US Highway 218. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The commercial buildings in the area were developed HISTORY: between 1936 and 2005. FLOODPLAIN: This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F PUBLIC /OPEN Lowell Elementary School is located 0.334 miles to the SPACES/ SCHOOLS: northwest across US Highway 218, Hoover Middle School is located 2.24 miles to the southwest, and East High School is located 1.28 miles to the north. UTILITIES: WATER, There is overhead power lines located along the alley so an Vacate-Alley North of 2022 Jefferson Page 1 of 3 Page 44 of 243 August 7,2018 SANITARY SEWER, easement will need to be maintained. There is a 36" Sanitary STORM SEWER, Sewer Line in West 18th Street, 4" Drain Tiles on each side of ETC. Jefferson, and a gas main located along Jefferson. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with such LAND USE PLAN: designation. STAFF ANALYSIS — The request to vacate the alley north of 2022 Jefferson would ZONING not appear to negatively affect the area or traffic conditions. ORDINANCE: The alley has not been used as a public access for many years and the previous owner of the property to the north Integra Autos used the alley right of way to park vehicles. The alley abuts two properties. Steies Holdings LLC located to the south of the property is the applicant is requesting to vacate of the alley that the city no longer needs. There are two properties to the north and both recently changed hands having previously been owned by Integra Auto they are now owned by Dale R Olsen of 1655 Bertch Avenue in Waterloo. The dead end of the alley also adjoins the property at 321 West 18th Street to the west owned by Prairie Construction. When the site was owned by Integra Auto they used the alley right of way to display cars. Staff has not heard from the northern property owner if they would want a cross easement maintained so that they could access the property. It appears that the northern property has approximately 10-foot of driveway to access the lot without using the currently alley. This property also has a driveway along West 18th Street. The western portion of the alley was vacated by Ordinance 1534 on November 13, 1939. Staff has also notified the principals of Prairie Construction of the proposed vacate. This item was tabled by the Planning, Programming and Zoning Commission at their June 5th meeting due to opposition of the vacate by Prairie Construction who currently owns the property at 321 West 18th Street. They were concerned about losing a potential second entrance to their property through the alley. Since that meeting the applicant Steis Holdings and the owners of Prairie Construction have come to an agreement which will provide Prairie Construction and subsequent owners of the property at 321 West 18th Street an easement to use the vacated alley for access. There has been multiple attempts to contact Dale Olsen, owner of 307 West 18th Street to get his signature of approval of the vacate but he has not responded to letters sent from staff. A meeting was held on July 17th, 2018 for all parties and Vacate-Alley North of 2022 Jefferson Page 2 of 3 Page 45 of 243 August 7,2018 Dale Olsen did not attend the meeting and has made no attempt to contact staff with any concerns. Staff is proposing to move forward with the vacate, as the Olsen property has access from west 18th Street and an approximate 10' wide portion of the driveway adjacent to the alley to be vacated, and they would have the potential to widen the Jefferson Driveway if the remaining 10' portion is not sufficient. There were no comments at Tech Review. At their August 7, 2018 meeting the Planning, Programming and Zoning Commission unanimously voted to recommend approval of the vacate. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate the 20' X 100.46' 2,009.2 square foot alley located north of 2022 Jefferson Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The alley has not been used as right of way for many years however the applicant does need the right of way to access his business. With the following condition: 1. That a private easement be maintained over the vacated alley to allow access to 321 W. 18th Street access to their property to the west and a public easement to be retained for utilities. Vacate-Alley North of 2022 Jefferson Page 3 of 3 Page 46 of 243 S 1 Page 1 of 2 �itl��lll�l��i III�III�III�I�INll�llll�l�lf I��Ililllfl ` Doc Ip: 008290230002 Type: GEN Recorded: 12/06/2017 at 11:09:54 AM Fee Amt: $12.00 Pape t of 2 Black Hawk County Iowa INDEX LEGEND Q SANDIE L. SMITH RECORDER General Description: Lots 37.42,Kenwood Park,Waterloo o F11-201$""'00009729 Surveyor. Kyle J.Holland Surveying Company! Helland Engineering&Surveying,Ltd. Return To: 1107 Technology Parkway Cedar Falls,Iowa 50613-6955 � (319)•266-0161 s Survey Requested By: Mike Christiason/Praide Consinction Co.,Inc. Proprietor Pralrio Construction Co.,Inc. x This PI G11 'r si has en reviewed b (Ci !County). Slgnalure of(CitylCounty} Dai SEE SHEET 2 FOR DESCRIP ION OF PARCEL"D'&DETAIL"Arr Ordinance A minlstratar LINE BEARING&DISTANCE RECORDEDAS L1 S 43°091/2'W 49.4' {S 43'09!'W 49.35)a L2 S 46°53'/Z E 20.05' {S 48°50WE 20.o')a X- L3 S 46'57'E 20.0' (S 48°11135"E 20.00)b 1-4 S 47°03 E 19.9 {20.6) 5657 oyeP�, 54 �'�o• LyJ�� A 58 53 59 D 4 80 `ti� 50 PLAT of SUR EY' 43 Eo FfLE20i831fi2 6 DA TED 08121120 f7 ` ` P.O.B. ?/y 49 •� JP� \O�i ---4---------- ---------t --- ALLEY ) ' 45 S' �rpo SEE DETAIL'A' `* \ , \� �, l 76� SHEET2 48 C 42� S F a RAILWAY COMPANY IOWA NORTHERN \`. \ 47 " ENWQQO PARK" `. �4;A WATERLOO (c TRACKS) S \�° N 43°00'/1 E 291.45` , •' 4n 41 , (ASSUMED BEARING) ` t_ -Y ---------0----- ---- ----- 4s PARCEL 'D" tia B L2 ADDRESS: \ 1.18 ACRES \ E 321 W.18th STREET 5S WATERLOO,IOWA 50701 LEGEND 38 (6.0)a PER PLAT OF SURVEY FILE 2015-3021 DATED 08/10/2014 37 ,Y (6.6)b PER PLAT OF SURVEY FILE 20163182 b`y ohs 33 DATED 0 812 112 0 1 7 VACATED All Ny6,a�9 6 5 5Ati PA CEL 0' PER QCD IN PLAT OF SURVEY AS FOUND CUT"X"IN P.C.C.PAVEMENT BK 169 PG 453 ,' F1LE20153021 121!19 DATED 1139 DATED 081#8/20# 80 FOUND N0.4 REBAR w1OPC#8505 B 35 CO FOUND NO.5 REBAR w1GPC#22561 VACATED W.19th STREET DO FOUND NO.5 REBAR w1DAMAGEO OPC �S R%J 36 (BEARINGS ARE ASSUMED) l EO FOUND NO.4 REBAR w1DAMAGEO OPC 0 50' 100' 200' THIS SURVEY MEETSIOR EXCEEDS CURRENT'MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING&SURVEYING,LTD. ♦SET NO.4REBARX24'LONG WORANGEPLASTIC CAP#23212 1107 Technology Parkway (OO)RECORDED AS FILE NAME: 17-236.DWG Cedar Falts,Iowa 50613-8955 SCALE: I'm too' PROJECT#17-236 DRAWN BY:JPH (319)-266-0161 SHEET1 OF OPCPLASTICCAP(O=ORANGE,R=RED,Y=YELLOW) 1 bereb ceN 1hallhls land surveying doarnenlwas ared �p1 L qyA andlheretatedsurvey workwas perlonn b maorupdarmy PLAT OF SURVEY p direct pe onal suppervislon end t I am a du licensed OF y c1'G Profess! al and S yore the raw.of late of lows, PART OF LOTS 3742 ' KYLE J. R PART OF VACATED W.19th STREET : HELLAND; m y� j od 23212 oY Lf�nseNumber232f2 "KENWOOD PARK" r a a ASy[icenserenewaldatelsDecember31,2017. WATERLOO,BLACK HAWK COUNTY,IOWA IOWA A11 pages or sheets are covered by Ws leaf anent FOR P I Y s a.r1c� r/�� Page 47 of 243 I Page 2 of 2 49 G P.O,B, DETAIL"A" (NOT TO SCALE) 44 \a��' D� 4' V 1x� 42 45 0 GALVANIZED PANEL FENCE DISTANCE TO FENCE °a . (NOT TO SCALE) 01 30120118 BY qQ 41 `;, \�Qj roll °P PARCEL T" 40 1.18 ACRES aP THIS PLAT REPRESENTS A SURVEY OF PARCEL"0" That part of bots 37 thru 42 and that part of vacated W. 19th Street,all in"Kenwood Park",City of Waterloo,Black Hawk County Iowa,described as follows: Beginning at the most Northerly corner of said Lot 42,point being a set 1/2'rebar with license#23212; thence along the Northeasterly line of said Lot 42 and its Southeasterly extension South 46°57'East a distance of 159.5 feet to a corner of Parcel"0"per Plat of Survey in File 2015-3021 dated 08/1812014 recorded In the Office of the Black Hawk County Recorder,point being a found 1/2"rebar with license#6505; thence along the Westerly line of said Parcel"0"South 43°09%West a distance of 49.4 feet to a comer of said !' Parcel"0",point being a found%"rebar with license#6505; thence along the Westerly line of said Parcel"0"South 46053'/z East a distance of 20.05 feet to a Corner of said Parcel"0",point being a found%'rebar; thence along the Westerly line of said Parcel"0"South 42°58'/:West a distance of 242.4 feet to the most Westerly corner of said Parcel"0",point being on the Northeasterly right-of-way of the Iowa Northern Railway Company,also being E' a found%"rebar with license#6505; thence along said right-of-way North 46049%West a distance of 179.6 feet to the Northwesterly fine of said Lot 37, i point a set'/2"rebar with license#23212; 9, thence along the Northwesterly lines of said Lots 37 thio 42 North 43°003/'East a distance of 291.45 feet to the point of beginning. Containing 1.18 acres. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The Northwesterly lines of said Lots 37 thnr 42 is assumed to bear North 43°00%'East for this description. i' Parcel letter approved by County Auditor's Ofliice Dates of Survey: 1111712017&111212017 Warranty Deed in Book 266 Page 641 dated 05/24/1948 recorded in the Office of the Black Hawk County Recorder states that,lens Olesen&Sons Construction Company Is the proprietor. Jens Olesen&Sans Construction Company was merged with Prairie Construction Company,Inc.per Articles of Merger in Book 36 Page 170. HELLAND ENGINEERING&SURVEYING, 42 ()PCPLASTIC i SET No.4 REBAR X 24'LONG w1ORANGE PLASTIC CAP#23212 1107 Technology Parkway 0)RECORDEDAS FILE NAME: 17-236.DwG HUN Cedar Falls,Iowa 50513 6955 SCALE; NIA PROJECT#17-236 DRAWN BY:3PH (319)-26"161 SHEET 2 OCAP(O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF LOTS 37-42 &PART OF VACATED W.19th STREET "KENWOOD PARK" E WATERLOO,BLACK HAWK COUNTY,IOWA FOR P ¢, � !� $ �'$ W,&-qp age 48 of 243 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into by and between Prairie Construction Co., Inc. ("Prairie") and Steies Holdings, LLC ("Steies"). WHEREAS, Prairie is the owner of real estate legally described as: Lots 45 through 47, Lot 48, except the Southwesterly 10 feet of Lot 48 and the vacated alley adjacent to the following described lots: From the Northwesterly line of the Southwesterly 10 feet of Lots 48 & 37 to the Northeasterly line of Lots 40 &45 in "Kenwood Park", City of Waterloo, Black Hawk County, Iowa("Prairie Property"). WHEREAS, Steies is the owner of the real estate legally described as: Parcel "D" of Plat of Survey Doe. 42018.09729 being a part of Lots 37 thru 42 and that part of vacated W. 19th Street, all in "Kenwood Park", City of Waterloo, Black Hawk County, r Iowa("Steies Property"). WHEREAS, Steies is purchasing an existing alley located between the Prairie Property and Steies Property, legally described as follows from the City of Waterloo, Iowa: See attached Exhibit"A"("Easement Premises") WHEREAS, Steies wishes to grant an easement on Easement Premises for ingress and egress from Jefferson Street to Prairie Property. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. Steies hereby grants Prairie Property an easement for ingress and egress on Easement Premises over an existing alley that connects Jefferson Street to Prairie Property. I 2. Use of Easement Premises. Exclusive use of the Easement Premises is not is i f; i Page 49 of 243 F hereby granted. Steies expressly reserves the right for themselves and others to use the Easement Premises for any use which does not unreasonably interfere with Prairie's use of the Easement Premises. Neither party hereto shall so use or leave anything on Easement Premises so as to prevent the free and uninterrupted use of the Easement Premises by the other party. 3. Maintenance. Prairie shall not be required to share in the expense of maintaining the Easement Premises during any period that the Prairie Property is owned by Prairie, but unoccupied. Prairie shall share equally in the maintenance of the Easement Premises during any period that Prairie owns the Prairie Property and the Prairie Property is occupied by Prairie or a third party. Persons or entities that purchase the Prairie Property from Prairie and their successors shall share equally in the cost of maintaining Easement Premises with Steies and its successors and such cost of maintenance shall include reconstruction when reasonably necessary. Notwithstanding the above provisions, either party causing damage to Easement Premises through negligence on the part of that party themselves or others for them or their behalf shall be wholly responsible for any such damage resulting from any such negligence. 4. Running of Benefit and Burdens. All the provisions of this Agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties, 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. Prairie Construction Co., Inc. Steies Holdings, LLC r -kt&4,0:—� 2� U By: Michael L. Christiason By: StefUiSteies Its: President Its: Manager Page 50 of 243 i STATE OF IOWA COUNTY OF ss. This record was acknowledged before me on this day of 2018, by Michael L. Christiason, as President of Prairie Construction Co., Inc.. MARY ANN MILLER . COMMIssion Number 196329 MY CommysWon ft MaY 11,2019 STATE OF IOWA J / COUNTY OF t . ) ss. This record was acknowledged before me on this day of 2018 Stefanie Steies, as Manager of Steies Holdings, LLC . ' *1,1A1 fi SANE Irl S lAl UJA COMMISSION Ido.7471137 u NYC f ° HIXPIRES owe �i y Page 51 of 243 F Vacate Request — NW of 2022 Jefferson Street I I ,� ,,�,l IIIIIII�I�I,IIIIII�III dal , Looking at the alley in question from Standing in the alley looking towards 2022 Jefferson Street. Jefferson Street. ,� rrrrrrrrrrrrrrrrrrrrr i uiiii I I �I1�1IIIII�IIIIIIII W * f I � / / fY Looking at 307 West 181h Street, which is Looking at the overhead electrical line that just to the northwest of the alley. is in a portion of the rear of the alley. A utility easement will need to be retained. Page 52 of 243 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned,as adjoining property owners of right-of-way requested to be vacated and generally described as(address or general location): 20 Xk :SJ0P( ti waive any further right to receive mailed notice of the public hearing and have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/1 wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). XWe/[wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blank). Signature of adjoining property owner Date �j ,4 ZciO 7247 Address Phone 1. Offer Price [Note: If the offer price meets the Sate of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition, remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alla You Intend to Purchase: 2. rransfer of Ownership: In what name(s),company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy with full rights of survivorship, or as individual ownership.) Page 53 of 243 City of Waterloo Planning &Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319)291-4366 Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property rL r}(�/� Applicant: 1 Address: � b\UGC Phone No.: �J1q c V / S�UTI General Description of Property to Vacated(i.e.-alley between A St.&B St.,South of C St.): Legal description of area to be conveyed,vacated,or encroached: i. A non-refundable tiling fee(s)shall be made as follows(checks City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dolla ($175.00)F. ing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00 i mg Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] 1 • Asking price(see attached Sale of Property Policy for how calculated): 1 v7S+(4�/halb • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs(surveying&mist.,demolition,remove of curbs,etc): Asking price—Deductions—Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"farm for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 4requirfor Date *Nasementvacates sidewalk vacates or Encroachment Agreements Page 54 of 243 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as September 13, 2018 and date of public hearing as September 17, 2018 for the purchase of one(1) 2018 Triple Combination Pumper for Waterloo Fire Rescue, and instruct City Clerk to publish notice. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date 1 ire Ra;wetiie "preloaanr, I:'al. Approved 8/21/:018 2.38 P C`lleak Office Eveni, L-e au'a Approved 8/21/2018 5.40 PM Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as September 13, 2018 and date of public SUBJECT: hearing as September 17, 2018 for the purchase of one(1) 2018 Triple Combination Pumper for Waterloo Fire Rescue, and instruct City Clerk to publish notice. Submitted by: Submitted By:Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: This triple combination pumper(fire truck)will replace Engine 303 which is 20 plus years old. Expenditure Required: 550,000 Source of Funds: 418-12-1400-2117 Page 55 of 243 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as September 10, 2018 to approve a Purchase and Sale Contract for city owned property located at the northwestern corner of Martin Luther King Jr. Drive and Idaho Street, in the amount of$12,000 with development agreement, to The Overland Group, LLC, and instruct City Clerk to publish said notice. City Council Meeting: 8/27/2018 Prepared: 8/14/2018 REVIEWERS: Department Reviewer Action Date 11 pnunnnn'rnig& Zon~unuung Scll roederr, A.npc Approved ved 8/22/018 .... 10-.50 AM t.`Ilcrp Off-we p pn}niny, Nancy Approved 8/22/2018 .... 11-.54 AM ATTACHMENTS: Description Type Pu.urrcliase �;re<nnne.nnt t.D`eflarnd k;u"ou.upnu Backup Matcriall Resolution setting a date of public hearing as September 10, 2018 to ap2rove a Purchase and Sale Contract for city owned property located at the SUBJECT: northwestern corner of Martin Luther King Jr. Drive and Idaho Street, in the amount of$12,000 with development agreement, to The Overland Groin LLC, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Set date of hearing The City has owned site since development of Martin Luther King Jr Drive in the 1990's. The parcel is excess right-of-way that was offrred back Summary Statement: through 306.23 process back in 2007. No offers were received for the appraised value of$40,000 at that time. The parcel is 1.42 acres in size, and does not include the area right at corner where trail head for recreational trail is located. Expenditure Required: None Source of Funds: NA Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not sell The City has owned this land since 1990's. It was offered up for sale through 306.23 process, with no offers received. This agreement will work Page 56 of 243 Background Information: to create new jobs, new taxable value on site and to create more business in this area of the City of Waterloo. DESCRIPTION: PARCEL D APART OF WILLOW STREET IN THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH P.M., IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES)43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH O1005'55" WEST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 33.00 FEET; THENCE NORTH 88043'55"EAST, 144.24 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTH 51041'36" EAST ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, 36.57 FEET; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE S 0 UT HWE S T ERLY AND HAVING A 14.23-FOOT LONG CHORD BEARING SOUTH 4801744" EAST, 14.23 FEET (ARC LENGTH) TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE SOUTH 88' 43'55" WEST ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 182.94 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 5,414 SQUARE FEET, OR 0.12 ACRE. DESCRIPTION: PARCEL H Legal Descriptions: APART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 69 NORTH, RANGE 12 WEST OF THE 5TH P.M.,AND A PART OF EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES)43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; Page 57 of 243 THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19,ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63-FOOT LONG CHORD BEARING SOUTH 46026'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72-FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST. 67.54 FEET; THENCE NORTH 70°38'19" WEST, 164.88 FEET; THENCE NORTH O1°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SOUARE FEET, OR 1.47 ACRES. Page 58 of 243 PURCHASE AND SALE CONTRACT THIS PURCHASE AND SALE CONTRACT OF REAL PROPERTY (the"Agreement") made and entered into this day of 2018 by and between CITY OF WATERLOO and/or ASSIGNS, (hereinafter "Seller") and THE OVERLAND CROUP, LLC. and/or ASSIGNS, (hereinafter"Buyer"). WITNESSETH: WHEREAS, Seller is the owner of a certain tract of real property measuring approximately 265' +- of frontage on Idaho Street by 67'+- of depth frontage on MLK by 183'+- Willow Street for a total 1.42± acres, City of Waterloo, Black Hawk County, Iowa, which tract of land is more particularly shown on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property shall mean net usable acres and shall not include real property burdened by permanent rights-of-way for public roads, drainage or utilities; and WHEREAS, Buyer desires to purchase the Property upon the terms, provisions and conditions hereinafter set forth, and together with all appurtenances, improvements, casements and/or hereditaments thereunto belonging; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Buyer and Seller hereby covenant and agree as follows: 1. PURCHASE PRICE. The total purchase price for the Property shall be TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00). The Purchase Price, less credit for monies heretofore paid to Seller by Buyer for the Inspection Period and any payments made pursuant to Section 18 herein below, shall be paid to Seller at closing as hereinafter defined(the "Closing"). 2. EARNEST MONEY. Buyer shall deposit ONE THOUSAND AND NO/100 ($1,000.00) into a non-interest bearing escrow account held by David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine@whitfieldlaw.com, within five (5) days after execution of the contract, 3. INSPECTION PERIOD. For a period of one hundred and eighty (180) days from the date of this Agreement (the "Inspection Period"), Buyer shall have the privilege of going upon the Property as needed to confirm zoning, confirm availability of all utilities (including sewer), to inspect, examine, survey, make soil and subsoil tests, percolation tests, arrange financing for the proposed development and to otherwise do what Buyer reasonably deems necessary to determine, to Buyer's sole satisfaction, whether the Property is suitable for Buyer's intended development and use. If Buyer exercises its rights under the provisions of this Section, it shall (1) keep the Property free of any liens or third-party claims resulting therefrom; (2)promptly pay when due the costs of all tests, investigations and examinations done with regard to the Property; (3) indemnify and hold Seller harmless from and against any and all liability, damages, claims, causes of action, costs or other expenses, including without limitation reasonable attorney's fees, paid, incurred or asserted against Seller any lien claims or for injuries to or death of persons or damage to property arising from or caused by Buyer's entry onto the Property or the negligence or willful misconduct of Buyer, its agents, employees and contractors in Buyer's Initials — 5A Seller's Initials Page 59'bY'243 PURCHASE AND SALE CONTRACT connection with the exercise by Buyer of the rights hereunder; and(4) if Closing does not occur for any reason, fully restore the Property as nearly as practicable to its condition immediately before such exercise. This Section shall survive the termination of this Agreement or Closing and delivery of the Deed. If Buyer determines, in its sole discretion, that the Property is unsuitable for its proposed development and gives notice of this to Seller prior to the expiration of the Inspection Period, then this Agreement shall terminate and all earnest monies less $100 to Seller as independent consideration for the right to terminate shall be immediately returned to the Buyer. If Buyer terminates this contract before the end of the initial Inspection Period, Buyer shall be entitled to the immediate return of the Earnest Money without the need of Seller's release, Notwithstanding the foregoing, the Buyer may extend its Inspection Period for an additional ninety (90) days by depositing into escrow an additional FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) nonrefundable Earnest Money, for a total of SIX THOUSAND AND NO/100 DOLLARS ($6,000,00), which shall be applicable to the purchase Price but nonrefundable. 4. SURVEY, Buyer will secure at Buyer's expense a boundary survey of the Properly, prepared by an engineer or land surveyor registered in the state of Iowa, selected by Buyer. This boundary survey shows all easements, rights of way, encroachments and matters of record, together with a certification as to the number of acres. 5. CONVEYANCE AND PERMITTED EXCEPTIONS. Upon payment by Buyer of all amounts due at Closing for the Property and Buyer's performance of all other obligations to be per by Buyer at Closing, Seller shall convey title to the Property to Buyer by general warranty deed subject to any permitted exceptions. 6. TITLE EVIDENCE AND ABSTRACT. Within thirty (30) days after execution of this Contract for Purchase and Sale, Seller shall deliver to David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: PortwineCa�,whitfieldlaw,com (the "Title Company") the original abstract of title for the Property. The abstract will be updated for closing at Purchaser's expense. If the original abstract of title cannot be located, Seller shall pay all costs of obtaining a new abstract as required for closing. Notwithstanding anything in this Agreement to contrary, the Inspection Period shall be extended day for day for the duration of the period necessary, if any, to create a new abstract. Within thirty (30) days after receipt of the Abstract, Buyer shall obtain a commitment (the "Commitment") for owner's policy of title insurance from Tara Lawrence, Title Guaranty, 2015 Grand Avenue, Des Moines, Iowa 50312, 515-725-4904, 800-432-7230, Fax: 515-725-4901, certified to a current date, and at Closing, the title policy referred to in the commitment(the "Title Policy") in the amount of the Purchase Price. If the commitment or survey shows any defects or encumbrances or any covenant, restriction, easement or right-of-way of record or any private road or utility line or facility which in Buyer's reasonable judgment will materially interfere with Buyer's proposed development of the Property, then prior to Closing, Buyer shall notify Seller of its objections to any such matter. Seller shall have a reasonable time to cure the title defects to which Buyer has objected. If Seller fails to cure the title defects, Buyer shall have the option of either (1) accept title subject to the objections raised by Buyer and such accepted objections becorne Permitted Exceptions Buyer's Initials ;!5x Seller's Initials Page 606&143 PURCHASE AND SALE CONTRACT ("Permitted Exceptions") without any adjustment in the Purchase Price, or (2) rescind this Agreement, whereupon the earnest monies less $100 to Seller as independent, consideration for the right to terminate shall be immediately returned to Buyer by Escrow Agent, or (3) work with Seller to satisfy unacceptable matters and postpone the closing date for the same time period as it takes to satisfy these matters. 7. DEVELOPMENT OF TRACT AND CONDITIONS PRECEDENT. Buyer's obligation to close is subject to the satisfaction, as of the Closing Date, of each of the conditions described below (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing Date). Unless specifically stated as Seller's obligation, the satisfaction of all these conditions shall be at Buyer's sole expense. Buyer shall diligently and in good faith pursue the satisfaction of these conditions and Seller shall promptly cooperate whenever required by Buyer. In the event the conditions below have not been satisfied to the Buyer's satisfaction, the Buyer shall have the right to terminate this Agreement by so notifying Seller in writing. In such event, the Escrow Agent shall return the refundable earnest money to Buyer. A. Subdivision. In the event a subdivision plat is required pursuant to applicable law in connection with the conveyance of the Property to Buyer and/or the development of the Property, Buyer shall use diligent efforts to cause the Property to be properly subdivided in compliance with applicable law prior to Closing. Without limitation, Seller shall sign subdivision plats and other normal and customary documentation as may be required to comply with applicable laws relating to the subdivision of the Entire Tract. In the event that the Seller has property lying within 500 feet of the Property conveyed hereunder is subdivided out of a larger tract still owned by the Seller the remaining Seller's Property shall be subjected to a DECLARATION OF COVENANTS AND RESTRICTIONS as described on Exhibit"B". Without limitation, Seller shall sign DECLARATION OF COVENANTS AND RESTRICTIONS on or before Closing. Buyer shall pay for subdivision costs, B. Mutual Cooperation. Buyer and Seller agree to cooperate with one another in all reasonable respects in connection with any approvals, zoning changes or variances, or similar actions or consents which may be necessary or appropriate in connection with use of the Property and to otherwise cooperate in all reasonable respects in connection with the development of the Property. As of the Closing Date the Property shall be properly zoned for commercial real estate with all necessary zoning variances, if any are required, approved for Buyer's intended development. Buyer shall pay all costs incurred by either party in connection with satisfying this condition. C. No Moratoriums. There shall be no development or building moratorium in effect with regard to the Property. In the event any such moratorium shall exist, then Buyer shall have the option of either (I) closing the transaction in accordance with the terms of this Agreement, (2) delaying closing until after the moratorium is lifted, or (3) terminating this Agreement by notice to the Seller, in which event the earnest monies shall be returned to Buyer. Buyer's Initials __ c5x Seller's Initials Page 61 &x`43 PURCHASE AND SALE CONTRACT D. Ingress and Egress. There shall be suitable ingress and egress to the Property, including all necessary turning movements and curb cuts for Buyer's proposed development. Buyer and Seller agree that there shall be no shared access. E. Sanitary Sewer and Water Facilities. Buyer shall have (1) determined that sanitary sewer and water facilities adequate to serve the Property are available and (2) secured all required governmental approvals for the installations and use of such sanitary sewer and water facilities. F. Governmental Approvals. Buyer shall have obtained all necessary governmental approvals frorn the appropriate authorities for Buyer's proposed development, including without limitation, building permits, site plan approval including parking, and storm water retention. In addition, Buyer shall have received approval of its proposed tenant of the site plan as satisfying all tenants' conditions pursuant to tenant's lease agreement witty Buyer. If Buyer's have requests pending before any government body for a permit, license or other approval required to begin the construction Buyer anticipates on the Property, Buyer may, by delivering written notice prior to expiration of this Agreement, extend the closing for thirty (30) days past such time as all applicable government bodies rule on the issuance of any requested permits, not to exceed one hundred twenty (120) days in addition to all other extensions provided for herein. G. Taxes/Liens. In the event there are unpaid taxes or liens relating to the Property for any time prior to the execution of the contract, Buyer will give Seller written notice by facsimile transmission or electronic mail of such unpaid taxes or liens effecting the Property and request that Seller pay those taxes or liens, In the event Seller fails to pay the taxes or liens within three (3) calendar days of Seller's receipt, Buyer may pay those taxes or liens directly and Seller shall reimburse Buyer for such paid amounts on or before Closing out of Seller's closing proceeds. The Parties agree that Seller will only be liable for taxes or liens resulting from its use of the Property prior to Closing. For purposes of this Section 7 (G), notice to Seller's agent shall constitute sufficient notice to Seller. 7.1 PROPOSED USE. Buyer shall only use the Property for the construction of a Dollar General Store. If construction in not commenced within two years of the date of closing Seller may repurchase the property for the purchase price paid by Buyer. If Seller does not elect to repurchase the property within 24 months from the date of closing the Dollar General Store use restriction shall terminate and the property may be used for any lawful purpose. 8. NON-NEGOTIATION. Seller hereby covenants and agrees that it shall not during the Inspection Period or any extension thereof, nor prior to closing, lease the Property or convey, demise, or otherwise encumber the Property except as specifically provided ill this Agreement. Buyer's Initials c5x ------ Seller's Initials__ Page 62vW243 PURCHASE AND SALE CONTRACT 9. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants to Seller that: A. Buyer is a Missouri Limited Liability Company, duly organized, validly existing, and in good standing under the laws of the State of Missouri and duly authorized to transact business in and in good standing under the laws of the state where the Property is located. B. Buyer has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Buyer pursuant hereto. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller to the best of their knowledge represents and warrants, and covenants with, Buyer as follows: A. Seller has good and indefeasible fee simple title to the Property subject to matters of record and affecting the Property and at Closing will have and will convey to Buyer by warranty deed good and indefeasible fee simple title to the Property, free and clear of all liens, defects, encumbrances, conditions, exceptions, restrictions or other matters affecting title except Permitted Exceptions; B. Seller has full capacity, right, power and authority to execute, deliver and perforin this Agreement and all documents to be executed by Seller pursuant hereto; provided, however, that this Agreement shall not be binding upon Seller until approval by the city council following a public hearing as prescribed by Iowa law; C. Seller has not received any written notice of any current or pending litigation, tax appeals or environmental investigations against Seller or the Property and, to Seller's knowledge, there is no pending litigation, tax appeals or environmental investigations against Seller or the Property; D. Seller has not entered into any contracts, subcontracts or agreements affecting the Property which will be binding upon Buyer after the Closing; E. Seller has not received any written notice from (or delivered any notice to) any governmental authority regarding any violation of any law applicable to the Property and, to the best of Seller's knowledge, there are no such violations; F There are no occupancy rights, leases or tenancies affecting the Property; G. No person or entity has any option, right of first refusal or other right to purchase the Property or any part thereof or interest therein; 1-1. To Seller's knowledge, no pending or, to Seller's knowledge, threatened condemnation proceedings affecting the Property and Seller has not received any written notice that there is any pending or threatened condemnation of all or any part of the Property; 1. To Seller's knowledge, no hazardous substances have been generated, stored, released, or disposed of on or about the Property in violation of any law, rule or regulation applicable to a Property which regulates or controls matters relating to the environment or public health or safety (collectively, "Environmental Laws"). Seller has not received any written notice from (nor delivered any notice to) any federal, state, county, municipal or other governmental department, agency or authority concerning any petroleum product or other hazardous substance discharge or seepage relating to the Property. For purposes of this Agreement, "hazardous substances" shall mean any substance or material that is defined or deemed to be hazardous or toxic pursuant to any Environmental Laws; and J. Seller has no knowledge of any hazardous or solid waste placed on the property that would require remediation or disposal. Buyer's Initials Seller's Initials— Page 63v&'Y43 PURCHASE AND SALE CONTRACT Should Seller receive notice or actual knowledge of any materially inaccurate information regarding any of the matters set forth in this Section 10 after the date of this Agreement and prior to Closing, Seller will immediately notify Buyer of the same in writing. If Seller is unwilling or unable to correct such inaccuracy on or before Closing of the applicable Property, Buyer may cancel this Agreement and any Earnest Money shall be returned to Buyer. The representations and warranties of Seller shall survive the Closing for a period of one (1) year. Any action based on a breach of any such representations or warranties shall be commenced within such one (1) year period or deemed waived. 11. NOTICES. All notices will be in writing and served by postage prepaid certified mail, by next day delivery (such as Federal Express), by facsimile transmission, or by electronic mail to the addresses shown below, until notification of a change of such addresses. All such notices shall be deemed delivered on the date initiated. For Buyer: With a Copy To: The Overland Group The Overland Group 194 Narrows Drive, Suite 1 1598 Imperial Center, Ste. 2001 Birmingham, Al,35242 P.O. Box 885 Phone: 205-995-2990 West Plains, MO 65775 Fax: 205-995-2989 For Seller: Real Estate Agent: CITY OF WATERLOO Matt Miehe CCIM, 715 Mulberry Street Waterloo, Iowa 50703 Commercial Specialist Phone: 319-291-4366 Fax: 319-291-4262 Sulentic-Fischels Cornrnetcial adrienne.millerLd) Group 319-291-7005 - Direct 319-269-6222 - Mobile 12. AGENCY DISCLOSURE. T14E BUYERS ARE LICENSED REAL ESTATE BROKERS IN THE STATES OF MISSOURI AND ALABAMA. There is no listing company. The selling company Sulentic-Fischels Commercial Group is assisting the Buyer as a transaction broker. 13. BROKER. Each party represents and warrants to the other that Sulentic-Fischels Commercial Group is the only Broker in connection with the sale of the Property. Buyer agrees to pay Sulentic-Fischels Commercial Group in this transaction, in cash, at closing, a FLAT RATE FEE commission in the amount of $7,000.00 (SEVEN THOUSAND AND 00/100). Buyer and Seller each warrant and represent to the other that no real estate broker or agent other than Broker aforementioned have been used or consulted in connection with the negotiation or execution of this Agreement and each covenants and agrees that it will defend, indemnify and save the other harmless from and against any actions,real estate commissions, fees, costs and /or expenses (including reasonable attorney's fees) resulting or arising from acts of the Buyer's Initials Seller's Initials Page 6 4' " of 2"4 3 PURCHASE AND SALE CONTRACT indemnifying party and resulting in commission, fees, costs and/or expenses being actually found due to any real estate broker or agent by a court of competent jurisdiction in connection with the purchase and sale, if at all,of the Property. 14. DISCLAIMER. Seller and Buyer acknowledge that they have not relied upon advice or representations of Broker(or Broker's associated salespersons) relative to the legal or tax consequences of this contract and the sale, purchase or ownership of the Property. Seller and Buyer acknowledge that if such matters are of concern to them in the decision to sell or purchase the Properly, they have sought and obtained independent advice relative thereto. 15. DEFAULT. In the event Seller breaches its covenant to convey the Property to Buyer or otherwise fails to perform its obligations under this Agreement which are to be performed by Seller at or prior to Closing in accordance with its terms, Buyer shall be entitled to one of the following as Buyer's sole remedy: (a) terminate this Agreement and receive a prompt and complete return of the Earnest and any other monies heretofore paid by Buyer to Seller or for Buyers out-of-pocket expense: OR (b) obtain specific performance of this Agreement. If Buyer fails to perform as required under this Agreement, then Seller shall receive the earnest monies as liquidated damages, it being agreed between Buyer and Seller that such sum shall be liquidated damages for a default of Buyer hereunder because of the difficulty, inconvenience, and the uncertainty of ascertaining actual damages for such default. 16. FOREIGN INVESTMENT IN REAL PROPERTY TAX:ACT(FIRPTA). In the Closing of this transaction, Seller and Buyer shall comply with the FIRPTA and the regulations promulgated thereunder by the IRS. 17. NON-BUSINESS DAYS. If any date herein set forth for the performance of any obligations by Seller or Buyer or for the delivery of any instrument or Notice or for the satisfaction of any condition precedent, or the expiration of any contingency period, as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery or satisfaction of such condition or expiration of such contingency period, shall be extended to the next business day following such Saturday, Sunday or legal holiday. As used herein, the teen "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Iowa for observance thereof. 18. CLOSING. In the event Buyer exercises its rights to purchase the Property, the consummation of the purchase and sale, delivery of the deed of conveyance and payment of the Purchase Price (the "Closing") shall take place at a legal office on a date and time mutually agreed to by the parties hereto, but in no event later than sixty (60) days after the end of the Inspection Period, or any extensions of Closing as outlined in Section 18. All federal, state, county and municipal ad valorem real property taxes and assessments with respect to the Property shall be prorated at closing. If the amount of such taxes and assessments is not known as of closing, then the pro-ration of such taxes and assessments shall be made upon the basis of the most recent ascertainable statements, and such pro- rations shall be adjusted when such taxes and assessments are available. Buyer's Initials Seller's Initials Vs33.0 Page 65 of 243 PURCHASE AND SALE CONTRACT Seller agrees that it shall deliver sole and exclusive possession of the Property to Buyer at Closing free and clear of all tenancies. Seller further agrees that Buyer shall have the option to set a closing date upon sixty (60) days written notice. Seller shall be able to remove any furniture, buildings, fixtures, or contents prior to closing. Any furniture, buildings, fixtures, or contents remaining on the property after closing shall be owned by the Buyer. In the event that Buyer sets a closing date in accordance with this section and Seller fails or refuses to close on the closing date as set, Buyer may, (1) either waive the default and proceed to close the transaction, or (2) terminate the contract and receive the return of all Earnest Money in which case Buyer shall also be entitled to recover all of Buyer's out of pocket expenses in due diligence and design of its project in an amount not to exceed fifty thousand Dollars ($50,000). The remedies contained herein shall be in addition and cumulative to those set forth in section 15 above. Notwithstanding the foregoing, Buyer may extend the closing date for two (2) additional periods of sixty (60) days each upon payment of$5,000 to the Escrow Agent at the time each such extension is requested, which deposits shall be non-refundable (subject only to Seller's ability to convey clear title), and shall be applied towards the Purchase Price at closing. Seller will pay the costs of Seller's counsel, preparation of the deed and ally bill of sale, pay all costs of obtaining a new abstract if original cannot be found,, and transfer taxes for the conveyance. Buyer will pay the cost of Buyer's counsel, the cost of the survey, all loan costs required by Buyers lender, updating original abstract, title policy, escrow fees, broker commissions and recording fees for the deed and mortgage, and any applicable mortgage tax. 19. GOVERNING LAW. This Agreement shall be construed, and the terms hereof shall be enforceable, in accordance with the internal laws (as distinguished from the conflicts of law provisions) of the state where the Property is located, and in the event any legal proceedings are brought in connection with this Agreement, the parties agree that the venue therefore shall be only state and federal courts located in the state where the Property is located,and the courts to which an appeal therefrom may be taken. 20, EXPENSES OF ENFORCEMENT. In the event of litigation between the parties with respect to the Property, this Agreement, the performance of their obligations hereunder or the effect of a ten-nination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys' fees. 21. SEVERABILITY. In case any of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in effect and the Agreement be performed in a fail-and equitable manner as to any uncertainties arising from the unenforceable provisions. Buyer's Initials Seller's Initials Page 66 of 243 PURCHASE AND SALE CONTRACT 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures may be faxed or e-mailed. 23. AMENDMENTS. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 24. DESTRUCTION OR DAMAGE. Risk of loss by damage or destruction to the Property prior to the Closing shall be home by Seller. The parties acknowledge that if there are improvements on the Property, and in the event of any damage or casualty to any such improvements on the Property, by fire or other casualty, this Agreement shall continue unaffected, and Buyer shall have no right to any insurance proceeds of Seller with respect to said damage. 25. CROPS/FARMING. In the event that the Property is fanned for crops, Seller shall have the right to plant crops on the property, maintain and harvest the crop while Property is under contract. If Buyer closes on the Property and desires to commence construction prior to harvesting the crops, Buyer shall pay Seller the sum of$2000.00 as compensation for the crop loss. Buyer may also request that Sellers forego planting any crops by written request to Seller, with Buyer paying Seller $1,000.00 as compensation for the anticipated loss of profit. Any amounts paid pursuant to this paragraph shall be in addition to the purchase price stated in paragraph 1. 26. EXPIRATION. If this Agreement is not executed by Seller and Buyer on or before 5:00 P.M., CS-r/CDT time I this Agreement shall be null and void and shall have no force and effect and neither Seller nor Buyer shall have any further obligations hereunder. The effective date of this Agreement shall be the date upon which the later of Seller or Buyer executes this Agreement. Buyer's Initials Seller's Initials V5.3.3.0 Page 67 of 243 PURCHASE AND SALE CONTRACT 27. ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussion, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer, Seller, nor Broker, nor any sales agent shall be bound by any understanding, agreement, promise, or representation concerning the Property, expressed or implied, not specified herein. If any clause or provision of this Agreement, or the application thereof to any entity or circumstance, is or becomes illegal, invalid or unenforceable to any extent because of present or future laws or rules or regulation of any governmental body or entity, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. This Agreement shall be construed under Iowa law, and the parties agree that any action to enforce this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. Seller(s) CITY OF WATERLOO By: As Its: Date: Buyer: THE OVERLAND GROUP, LLC Ify: Sid Aultman As Its: Member 01 Date: 0 Buyer's Initials Seller's Initials V5.3.3.0 Page 68 of 243 PURCHASE AND SALE CONTRACT EXHIBIT "A" SENT EAST R/W L44C 10 10 STREET ee ,hlll< 30 29 Iwald 4355"E 144,2t- 33", Cl/4 CC 551"hY36E 3657" cA N0064,11SVE K.50 ry S.C. CIR: SEC 19.89-12 6. FO MMD TOP PIPE .... .. ts LOW ST p .............. ... WILLOW NIAMT " "`.•.-58594346'0 Z " SOUTH LM HEI/4 $M 10-09-12 S6WV*43$S'V NORTH LWt SE114 SEC 19-0-12 ! 4 NWOIOCISIWW SIG, q 4 AWIY cENTERLIKE EXIST MG 4W 16.5! "a Y �e .x ISE tNU A/* CA140 STREET New nol IDA40 STMXT— OSco AM I&K JILORM DLW WK JR.OA "TO035,19,w 164.00- CC" 2649.91, CTM' SIA.45+00 ML JKDRIME YY ............ Buyer's Initials Seller's Initials V5.3.3.0 Page 69 of 243 PURCHASE AND SALE CONTRACT EXHIBIT"'B" Prepared by and when recorded return to: DECLARATION OF COVENANTS AND RESTRICTIONS Date: , 2018 Owner: CITY OF WATERLOO When recorded return to: 1598 Imperial Center, Suite 2001, West Plains, MO 65775 Tract: Shall be described once there is a survey and legal description The Owner hereby declares that the Tract shall be held, sold, and conveyed subject to the following restrictions for the purpose of, among other things, insuring the quiet enjoyment of the Tract for the purpose that it is being developed and improved. 1. Benefited Parties/Binding Effect. The rights and obligations established in this Declaration of Restrictions (this "Declaration") shall nui with the land and be for the benefit of the Tract and any portion of the Tract and shall run with the land and be binding upon the Tract and any use of the Tract. 2. Business Restrictions on Tract. Owner hereby further declares that the Tract shall not be used for or used to access any business operated as the following: Family Dollar Store, Bill's Dollar Store, Fred's, Dollar 'Tree, Ninety-Nine Cents Only, Deals, Big Lots, Walgreens, CVS, Rite Aid, Wal-Mart, Wal-Mart Supercenter, Wal-Mart Neighborhood Market or any Wal-Mart retail concept, as well as any establishment selling or exhibiting paraphernalia for use with illicit drugs, any establishment selling or exhibiting materials or devices which are adjudicated to be pornographic by a court of competent jurisdiction, and any adult bookstore, adult video store or adult movie theater or a funeral parlor. 1 Enforcement. Owner acknowledges that monetary damages would be an inadequate remedy for breach of this Declaration, and that any violation of this Declaration will result in immeasurable and irreparable harm to the other party, warranting an injunction. 4. Duration. The provisions of this Declaration shall run with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by law. Buyer's Initials �5x Seller's Initials 33A Page 70 o 4'243 CITY OF WATERLOO Council Communication Resolution approving the request of Christopher Hagness for tax exemptions on the construction of a new single family home valued at$595,000 for property located at 5119 South Fork Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date 1°nrrtuunn'ruu r& Zonr ing Sdircoederc, A.rie Approved 8/22/2018 ... M16 AM 1-111 (. Office Everrm, 1-eA.nira Approved 8/22/2018 ... 10-.26 AM ATTACHMENTS: Description Type C1,(JR.A.5119 Souitli Fork 1,anne Me nio Resolution approving the request of Christopher Hagness for tax SUBJECT: exemptions on the construction of a new single family home valued at • 8595,000 for property located at 5119 South Fork Lane, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving the CLURA application from Christopher Recommended Action: Hagness for the construction of a new single family home located at 5119 South Fork Lane, Waterloo, Iowa 50701, valued at $595,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Legal Descriptions: South Fork Estates Lot 7 Page 71 of 243 i }A, b ,f", J", 'N �Fe•rr C �I CITY I.;�MI'C URBAN 1 �+�'V�C'�"�M.,T,rA� "�"�!�JM A,T�°'�".LII�:A`l FOR PROPERTY I'AX EXEMPTION FCR CONSTRUCTION OF NEW ONE OR FAMILY DWELLINGS UNDER,TIME PROVISIONS OF"l`HE CI LIMITS T t" 'A' � w RI;VITALI�'ATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF"I I Ib CITY Ol 0 18 WATERLOO. ,w I)[Y The City Limits Urban Revitalization Area(C."LURA)allows property tax exemptions for newly construct " �crr twcr fnt��'I dwellings(single family homes or duplex/twin homes),that meet the following criie'ria, I. Be located within the CLURA boundaries(a mall of which can be obtained from the City of Waterloo Connnu ak Planning,&Development Department.) 2: This application must be filed with City Rrioxh la�orkiy ta�, el�following,the year whey the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404..4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than end year to construct or complete,providing prior approval,has been granted by the City Council or County Board of Supervisorsa Please fill out the following information for your applicatiowto be submitted to the City Council. NAME: �0, r,3C'S's SIGNATURE: TE,LIE PHONE; 3 I e . 40 0q,1 5 DATE: t A What is the Mdress of the property being improved? What is the Legal Descril)fion of the property?(May be available it County Recorder's Office on 2"d floor of the Courthouse) y 13, "What was,dic stature of the itstprovement(g)?(must be single family Homes or duplex/twin homes to qualify) al. l C. City of Waterloo Building and Inspections Department Information. Permit Number. ' t -oo kOWt Date permit was issued: "fit" Total perrnit(s),valuation, D. What was the cost of the new construetiou3 C. Estimated or actual date ofcompletion,of this neer construction?. b2.:PyI CITY OF WATERLOO APPROVED DATED: _ RESOLUTION Nt3: DENIED 13LACK HAWK COUNTY ASSESSOR APPROVED DA 'ED Tauri McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. 111e application must be reviewed and approved by the Black'Hawk County Assessor's Office for criteria eligibility. Page 72 of 243 r„t, %l 5119 South Fork Lane rr "� II �% poi of � 1 ��z� IIIIIIII. I ��I. r , l ' i G Bete I � Base map data source Is Black Hawk County. Tnle mep does not revreaen[ ry survey,no Ilabllldfortheaccurecyof datedelineated th, elinesme r Bl, sswk expreed or Imgled by Black HaCounty,the Blank Ha wk County Assessor oriner ply 4 P The Cry of bJafedoo makes nowananY P o Ireqed aaretne af-,dfy e,d,an�or - n n rI � Ir uuuuolYk°II _--ytp and exp alya d- rdf yf ma 0 50 '100 `LOO _k I� any tnareo�nu —J, . ooKdal ll Bats s evs c d dd od fated at the Black Hawk CounryA "s Off'ce for con plete a,d accurete fpm a'pn. Fee CITY OF WATERLOO Council Communication Resolution approving the request of Shelia Mattoon for tax exemptions on the construction of a new single family hoine valued at$307,099 for property located at 1263 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date 1°p:t::nn ng& Zonr ing Sdircoederc, A.rie Approved 8/22/2018 ... 1020 AM t-`leap Office Eveni, 1-eA.r rn pap::roved 8/22/2018 ... 10-.28 AM ATTACHMENTS: Description Type C1,1JR.A. 1.263 l.arrie Memo Resolution approving the request of Shelia Mattoon for tax exemptions on SUBJECT: the construction of a new single family home valued at 8307;099 for property located at 1263 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval. The Planning, Programming, and Zoning Cominission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Legal Descriptions: Audubon Heights Six Addition Lot 77 Page 74 of 243 CITY LIMITS URBAN REVITALIZATION TION APPLICATION �� � � � �, 4� FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OIL � FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN " REVITALIZATION AREA PLAIN ADOPTED BY THE CITY COUNCIL OFT CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one a y dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the In working-day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404,4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, _ SIGNATURE NAME: 1J(kJ)1J ADDRESS: / `-\ t TELEPHONE: rt a . � l ��� i DATE: W A. What is the Address of the property being improved? What is the.Legal Descriprion of the property?(May be available at County Recorder's Office on 2"1 floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) 1 C , rvv LAI 01-1 C. City of Waterloo Building and Inspections Department Information: Permit Nutnber: i` ( lD<zte permit was issued: w l ) Total permit(s)valuatiJ'114&?6 D. What was the cost of the new construction? t E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DA"Z"ED: Tami McFarland DENIED Black Hawk County Assessor ]Vote: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 75 of 243 %/ n � l rr`/i,/�� i� �rri �� ��%,�i'k��i✓Ifs/ i f/��� 'I�%�'/�✓� � � i/ r� �/viii//�i/��fu1� ��//��%/�y �� � a CRABAPPLE 0=51& (g � � i ✓/ ' / l r J�ra� t ✓!'���?/�rf� �'.r,j�d,r�,i oro ,,.4 'I � ✓ .rl... Partridge / mom mom= ommm u, f , n f i/G;/a rixi�JNA,n� r i I / n ' f ���a / r,,,,„✓', i arm n I 1�� 1 l A W Y n n quota ,,n✓ 1 Base map data sourc IS BIack Hawk County. Tn's mep does not mvreaen[a survey,no Ilablllry I Is assumed for the acc,Old by BI,,k H3 del'neated nemin, ' e finer expressed or Imqled by Bleck Hewk County,the Black Hawk County Assessor or trier employees mecryef—t,dee makes ne.rainy evreaae� ✓/ / n v v uy ,p�'w�llllll / coded yn �,��,� on m s ma aeau,a—yleo`f�pdIId,, ffceItIdnplee 0 100 200 400�� y �9imllll�r BI Olt,, Hawk Co 1od dd d d h ft— V III e d accurate ipm a CITY OF WATERLOO Council Communication Resolution approving the request of Matthew J. Buenger for tax exemptions on the construction of a new single family home valued at$353,173 for property located at 1737 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date 1°ku)in'nng& Zonr ing Sdircoederc, A.rie Approved 8/22/2018 ... 111:1 8 AM 1-`leap Office Eveni, 1: .Arris Approved 8/22/2018 ... 10.27 AM ATTACHMENTS: Description Type C1,171. 1737 °' amvinj., Way Me nio Resolution approving the request of Matthew J. Buenger for tax exemptions SUBJECT: on the construction of a new single family home valued at 5353;173 for • property located at 1737 Waxwing Wadand located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval. The Planning, Programming, and Zoning Cominission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Legal Descriptions: Audubon Heights Sixth Addition Lot 72 Page 77 of 243 For Office Use Only Date Rcccived:'r)" "I Received by; Staff to inake a copy foeapplicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100 property tax exemption oil the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I'a working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a Single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. _..._..__.._....__—T.._.__..._._._-__.__....._Please fill out the following information for your application to be submitted to the City Council.Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: e vi SIGNATURE: ADDRESS: 7,'-�'7 k Wei CA �Jq,J TELEPHONE: 29-- 290c*)IN9 DATE: 7 �, ;7,- A. What is theAddress of the property being improved? What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) ------------------ k6,akl-s 5­ fib /A #()(Aft J 11�7 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: C rx)c, 3 145 Permit Num er: Date permit was issued- Total permit(s)valuatiolt: D. What was the cost of the new construction? A32, e -Z 3,o o E. Estimated or actual date of completion of this new construction? C: Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY -..-- APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE IISE ONLY APPROVED DATED: 1J.Koenigsfeld Page 78 of 243 DENIED Black Hawk County Assessor %/ n � r / � a �I�UVVIIV�Nftfllll�� ��WWNm CRABAPP (g � i ! f t Waxwing Way /i%fir 1q v8d/m; //�/'�! :,✓t., MEM sun= x� ruq;ar l � P , n n, Gupta ,,n✓ 1 Basemapdatasourc IHawk County. Tn'e map does not repre,,ntaen[,survey,no Ilablllry I Is assumed for[ne accurecy off the dere del'neated nereln, � e finer expressed or Imgled by Bleck H,w Ceunry,the Black Hawk Counry Assessor ortheremployees me crypt "dp makes W ra np. iny e,Pess re� ,�/ ed th,pv or me nmr own W�M���W rowa troaprap �SXMMM A O- on m ras s map and a>Pdyama adarery f ha -� 100 `200 400 aapn,aa naraeecoNed aeedsdemalocat a a lino Ali"YY�lum(i I4�rQi�u " Bla kHawk Ceunry Assassp..Off-fpr coni plus Fee V and acc r iniomietO" CITY OF WATERLOO Council Communication Resolution approving the request of OIP Real Estate, LLC for tax exemptions on the construction of home improvements valued at$30,000 for a property located at 424 Peek Street, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date i°ku)in'nng& Zonu iig Sdircoederc, Axie Approved 8/22/2018 1022 22 AM t-`leak Office Eveni, 1-eA.r rn pap::roved 8/22/2018 ... 1037 Abri ATTACHMENTS: Description Type 424Peek S tir ed Me nio Resolution approving the request of QIP Real Estate; LLC for tax SUBJECT: exemptions on the construction of home improvements valued at$30,000 for a property located at 424 Peek Street, and located within the Consolidated Urban Revitalization Area(CURA)-. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval. The Planning, Programming, and Zoning Cominission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Legal Descriptions: Peeks Second Addition Lot 6 Block 2 Page 80 of 243 For Office Use Only fS, Date Received: Received by: <: 4 Staff to make a"e fort y applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CUBA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the I st working_day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. 11 Ide, t C / NAME: 1/1�ulvidc, ka ISIGNATURE: ADDRESS: TELEPHONE: DATE: A. What is the Address of the property being improved? Z-)C,7z, What is the Legal Description of the property?(May be available at County Recorder's Office on 2,d floor of the Courthouse)? LVelil B. Indicate desired exemption schedule: (I or 2) One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: P t� a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70%a e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year-_-------60% f Sixth Year--_------40% i. Ninth Year---------20%© j. Tenth Year---------20%a C. What was the nature of the improvement(s)? "s P4 C", 6, / �� "), (I, ITT D. City of Waterloo Building and Inspections Department Information: PermitNumber: Date permit was issued: Total permit(s)valuation: E. What was the cost of the improvement?' 6 F. Estimated or actual date of completion of these improvements? G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No l a 424 Peek Street f r 1 �r dlJl r i + 1u 1 1 / v� r1i D !J i Base map data source 1s Black Hawk County. Th's map does-represent a survey, 1'bTry , Is mid for the apcarepy Iftha dated I' 1 dh ro ethew e.p,,,,,d.r'mq',d by BleckHm C', ry h G Black Hawk County Assessor her pl.yees 1+ I The Crymakes If n.wa.eny .r %; '( �m 1ad aat.fhaa.0—y.fd,a nfor P—11 I,thsmap--presdydadz— lily( .ha 0 50 100 200 _I —y —f.users show d rarer+.offs al d. pats,surveys, ,"A...... em.located at the i 1 f Black Hawk County Assessor.s Office for complete aFee nd acc r iniomiatlon. CITY OF WATERLOO Council Communication Resolution approving the request of Lee and Mary Galloway for tax exemptions on the construction of home improvements valued at$37,000 for a property located at 633 Boston Avenue, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date i°p a::nn'rng& Zonuiung Sdircoederc, Axie Approved 8/22/2018 .. i 02 p AM t-111 p(.Office Evenm, is eA. nira Approved 8/22/2018 1030 AM ATTACHMENTS: Description Type C1JR. .633 Boston Avenue Me nio Resolution approving the request of Lee and Mary G alloway for tax SUBJECT: exemptions on the construction of home improvements valued at$37,000 for a property located at 633 Boston Avenue, and located within the Consolidated Urban Revitalization Area(CUR&) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval. The Planning, Programming, and Zoning Cominission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Legal Descriptions: North Waterloo Place Lot 19, Block 8 Page 83 of 243 For Office Use Only Date Received: 7- Received by: I�,' Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CU.RA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the I st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the QJty .C,,puncil. 'RE. A_ '�,C z 2,in 1, Y NAME: L fll,](,� SIGNATb ADDRESS: K"IC6 It /F TELEPHONE: 4� v DATE: 61 A. What is the Address of the property being improved? What is the Legal Descr�7tion of the proper, d �?(May be available at County Recorder's Office on 2 floor of the Courthouse)? f, (a r /vc B. Indicate desired exemption schedule: (I or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: Total permit(s)valuation: �,l ct, 000 11 E. What was the cost of the improvement? 1 e, F. Estimated or actual date of completion of these improvements? G. Y this is nota singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of our tenants? Yes Z-, No T f� i E.DALE ST i , 633 Boston Ave. f '�J Jf ' W N�yir✓f,�� I � �' , / I r� 4 � ' E�LOUISE ST rr/i ii r ✓r�iiir/iii r ri/�✓ % Notep Base ma d1b,sources Black Hawk C rh's.,pdoas not re present a survey, rny is meab,,tth, eey ormed-d r t do, eihesr expressed pr'mq'ld by Black H w C ry h Black Hawk County Assessor or the rem ployees � � 1 f dld-pmzkesnoe-llcMltyf the o 50 100 200 Impl Bd steathe ac y f b f r on hsmap tleU Avtl V bl yf h k t Vf�r accurst beteoP It —11 d f K Y Y qac su�eys reae tl d d d " Bleck Hewk C—,n A sor's Off-for con plebe / a,d—11- �m Fee CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display in conjunction with the Mayor's Firework Labor Day Kick-Off event to be held at Park Avenue Bridge, on Friday,August 31, 2018, at 9:45 p.m. for approx. 20 minutes. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date (.'Ilerk Office Hipp'.) > Nam y Approved 8/22/2018 ... 121 I P Motion to approve Application for Fireworks Display in conjunction with the SUBJECT: Mayor's Firework Labor Day Kick-Off event to be held at Park Avenue Bridge, on Friday, August 31. 2018. at 9:45 p.m. for approx. 20 minutes. Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 86 of 243 CITY OF WATERLOO Council Communication Anaerobic Digester#3 Cleaning Project, Contract No. 953, City Council Meeting: 8/27/2018 Prepared: 8/13/2018 REVIEWERS: Department Reviewer Action Date Gh'a ate Matttat.ennettt Even i, L-eA.tin Aptprove(l S/G 5/201 ... 11-04 AM t`11eri; Office Evei, L-eA nni Approved 8/ 5/.'018 ... tp-05 AM ATTACHMENTS: Description Type Dngesteu- t1 p :::`lea nirq,. Covet Mell/no Mtnaw to Watten-oo Mayor a ml G y Cntutricfl Covet Menlo D p:ttai'p'anp->unUat n Batcpctaipt Matter ll 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 confirmingapproval of plans, specifications, form of contract etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding bid to Nutri-Ject Systems. Inc. of Hudson, Iowa in the amount of$63,050, and approving the contract, bonds and certificate of insurance for the Anaerobic Digester#3 Cleaning Pro-ject, Contract No. 953, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steve Hoambrecker. WMS Department Director Page 87 of 243 NOTICE OF PUBLIC HEARING On 11roposed Plans,Specifications, Form of Contract, And Estimate of Cost and the NOTICETO BIDDERS For the Taking of Bids For the Cleaning and Disposal of Solids from Anaerobic Digester#3 Project In the City of Waterloo, Iowa CITY CONTRACTNO. 953 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa,at her office in the City Hall of the said City on the 23rd day of An 2 f A 018, until I-_00 m. for the construction of' the CLEANING AND DISPOSAL OFANAEROBIC; DIGESTER#3 PROJECT, City of Waterloo, Iowa, City Contract No. 953, as described in detail in the plans and specifications now on the in the Office of the City OPENING OFBIDS, All proposals received will be opened in the First Floor Conference Roorn at City Hall in the(,,try or Waterloo, Iowa, on the 23rd da v of Aueust, 2018, at 1: .1 local time, and the proposals will be acted upon at such later time and place as inay then be fixed, PUBLIC IIEARING Notice is hereby given that the Council of saidCity will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of' cost. for the construction of the above-described improvement project at 5:30 p.m. on August 27. 2018,, said hearing to be field in the Harold F. Getty Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by City of Waterloo, Iowa Waste Managenwnt Services Department(WMSD)are now on File in the office of the City Clerk for public examination, and any person interested therein may Me written objection thereto with the (",try (.,"lerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SC,OPE OF WORK This project consists of the removal and disposal of'material within the 70" diameter anaerobic digester located at the city's WWTP located at 3505 Easton Ave in the ('''it), of Waterloo, Iowa, the work is being estimated by two separate quantities, 1)removal and disposal ofmaterial within the conical section,amount estimated to be 62,300 gallons and for each additional foot of liquid-material above the conical section, in I foot quantities estimated to be 28,800 gallons. Contractor will be responsible flor removing the ace unulated debris, property disposing of the debris and Filing any associated paper work for disposal, ESI I IMATE OF COST The engineer's estimate of this project cost is$65,000,00, BEGINNING AND COMPLETION DATES The work Linder the proposed contract shall be commenced within ten (10) working days after receipt of"Notice to Proceed" and all items sliall be completed on or before November 1 2018 METHOD OF PAYMENT TO CONTRACTOR NO FICE OF I 1EARING DIGISFER 43 CITAMN(J CI t"YCON FRACI NO.953 RCqgp�8 of 243 The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent(951/6) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-oric(3l)days after completion of the work and acceptance by the Council. Before final payment is rnade, vouchers showing that all subcontractors and worktnen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. PLANSAND SPECIFICATIONS Plans and Specifications governing the COuStrUCliOu of the proposed improvements have been prepared by WMSD. Said plans and specifications and also the prior proceedings of the (,,try Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available fi-orn WMSD, 35055 Easton Ave, Waterloo, icawa 50702 between 7,00alxl and 4Mprn,weekdays, No deposit required. ,CO,.N'-FRA(-'.'T AWARD A contract,will be awarded to the qualified bidder submitting the lowest qualified, responsible bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive hironriaHties in the bids submitted that might be in the best interest of the City. Bids May be held by the City of Waterloo,, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of tine improvement, PROPOSAL_S,SUBN1r1-rFD The bidder shall submit bids oil the iterns listed in the proposal. The bidder shall clearly Write or type the unit bid price and the bid item extension (Unit Price x FStfiflated Qty) in nurnerals oil the blanks provided, Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the ()ptriou to SUbt-nit a computer-generated spreadsheet in lieu o1'the portion of the Form of Bid or Proposal, which includes the [lid Item Number, Description, Unit, IStirnated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The cornputer-gen crated spreadsheet,shall include all of the itiformation listed in that portion of the Form of Bid or Proposal as well as bear the signature ofthe prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL, BID (with alternates, if applicable) shall also be indicated in the space(s)provided oil the Form of Bid or Proposal. B I D S E C U All bids must be accornpamed in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the fonn Furnished by the City)payable to the City of. Waterloo, Iowa, in the surn of not less than live percent (5('F,o) of"the bid submitted, which cenitied check, certified share draft or bid bond will be held as Security that the Bidder will enter into a(7ontract for the construction of the work and will furnish file required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If'bid bond is used, it Must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent runs(,be Supported by accompanying Power ot'Attorney. NOTICE OF HFAIUN6 DMI'S ITR 43 Ct LANING 0 VY CONTRAC I'tae.:.953 Page,,89 of 243 PERFORMANCE & PAYMENT' BONDS J fie successful bidder will be required to furnish a"Performance Bond" and a"Payment Bond" within ten (10) days after forms are presented to hire in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance ofthe 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 fi-orn clarets of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical proJections regarding utilization of Minority Business Enterprise (MBE') arid Women Business L'AiLerprise (WBE) as Subcontractors, vendors and suppliers in the performance of' Contracts awarded by the City of'Waterloo, Iowa A goal of at least ten percent(10%) for MBE participation on all City funded construction projects that are estimated at S50,000,00 or more. A goal of at least two percent (2%) for %`BE participation on all City funded construction projects that are estimated at $50,000,00 or more. ISI QUIDAI'ED DAMAGES '"Firne is an essential elernent of this contract. It is important that the work be diligently pursued to completion. Ifthe work is riot completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Darnages in the amount of'one hundred dollars (5100.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if'work is perf6rined. Partial working days will be considered as a Full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work, is done, arid legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid iterns or approved change/extra work orders. When the Contractor believes the proJect to be substantially completed, a written notice slating the same shall be submitted to the Engineer and a request made for a PUrIch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall Submit to the Fngineer in writing a request that working days counted toward the project be suspended until work, is resumed the following construction season. This amount. is riot construed as a penalty. Fliese damages are fior the cost to the City of providing the required additional inspection,engineering and contract administration, PJ1E-CX)NSTRUCT10N CONFERENCE Before the work is commenced on this contract, a contcrence shall be held for the purpose of'discussing the contract. The conference shall be attended by the prime contractor, Subcontractors and City Officials. IUSIDENT B1 DDER/N QN-RES IDENT BIDDER Attention of' bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute 'and include with the bid, a Resident Bidder CerlAtication or a Non- Resident Bidder Certification in the forni(s)herein provided. NOTICE OFLIZ HEARING [AGES1 43 CITANING ('11 Y CON t RACI No 953 ,qqq.,P0 of 243 SALES TAX EXEMPTION CERTIFICATES Contractors and approved SUbcontractors will be provided a Sales Tax Exemption C'ertification to pUrchase building friaterials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Chapter 26 of the City Code oflowa and upon order to the (""ity Council of, said Waterloo, Iowa,on the 30"' day of July 2018 Cl FY OF WATERLOO, IOWA BY Kelley Felche City Clerk NOTICF,OF IIIARING DIGES]ER#3(A FIANINO CITYCON]RAC I NO,953 NRage491 of 243 w w�"www' Z ° OCITY OF WATERLOO IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Caston Ave. • Waterloo, IA 50702 . (319) 291-4553 V Steve Hoarnbrecker, Director August 14, 2018 Memo to Waterloo Mayor and City Council: RE: Resolutions approving Change Order #1 and final acceptance for py2018 Manhole Inspection, Service Areas 10, 11, 12 and 13, city contract No. 935. Background Discussion This project, contract#935, was awarded to Dependable Drain & plumbing in July 2017. The project was to inspect designated manholes as part of compliance activities related to the master plan of the Consent Decree. The project has been completed. The project as originally bid had 876 manholes to be inspected and only 798 were actually inspected, resulting in an 8.9% ($2,7307) reduction in project costs. The original project bid amount was $307,6607. The final close out amount was $27,9307. As part of the close out, it is necessary to issue a quantity reduction, Change Order 1, in the amount of$2,7307.. In addition, a 5% retainage was withheld amounting to $1,396.507. A6COM has reviewed the project and is recommending approval of Change Order##1, ($2,7300 reduction, finalization of the project and release of the 5% retainage amounting to $1,396.507. Recommended Action it is recommended that the city council support the associated resolutions to approve change order#1 in the amount of (-$2,7304) and approve final acceptance of the completed project which will release the 5% retainage in the amount of$1,3901.507. Page 92 of 243 Waste Ma Bidder Nutri--sect Systems, Inc. Hudson, IA Metro--Ag Waste injection s Breese, IL CITY OF WATERLOO Council Communication 2018 Fall Stamp Removal Project. City Council Meeting: 8/27/2018 Prepared: 8/17/2018 REVIEWERS: Department Reviewer Action Date L-ensi.tre Servpces flu[t�nf,:;, Pial Approved S/GI/201 4.47 PM C I lIerk Office Eveni, L-eA.t-ani Approved 8/21/2018 5.22 PM ATTACHMENTS: Description Type D 2018 Sfiiiinp 1�enwval 11to'-A Covet Mell/no D Bid TaN.fladori Bac. aii.p Materlap D 2018 Fa.1 StL11n:i.1') Ren-i.oval Contract Backijip Materiall 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 confirining approval of plans, specifications, form of contract, etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and 'instruct the City Clerk to read bids. Resolution awarding the 2018 Fall SW= Removal Project bid to Tree Pros of Waterloo, Iowa, in the amount of$97,200, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement. Submitted by: Submitted By: Todd Derifield, City Forester Recommended Action: Approve Contract The city of Waterloo has accumulated 813 stumps during spring and summer tree removal operations as a result of the emerald ash borer Summary Statement: infestation in Waterloo. City forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these stumps in an appropriate time frame. Expenditure Required: To Be Determined Source of Funds: Forestry Capital Improvement Funds This project is improving street right-of-ways and parks. Therefore it Policy Issue: supports City of Waterloo Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Page 94 of 243 Alternative: N/A City of Waterloo has accumulated 813 stumps over the spring and summer months as a result of the emerald ash borer infestation in Waterloo. Background Information: City forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these stumps in an appropriate time frame. Legal Descriptions: N/A Page 95 of 243 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2018 FALL STUMP REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2018 FALL STUMP REMOVAL PROJECT. BID REQUEST Sealed bids are due 1:00pm, Thursday, August 23, 2018, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, August 23, 2018, at 1:00pm. Public hearing on the project will be conducted Monday, August 27, 2018, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2018 FALL STUMP REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield at 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 96 of 243 ii- t CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION E NOTICE OF PUBLIC HEARING a On Proposed Specifications and the 0 NOTICE TO BIDDERS ° for 2018 FALL STUMP REMOVAL PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, August 23, 2018, until 1:00pm., for the 2018 Fall Stump Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2018 FALL STUMP REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday,August 23, 2018, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2018 FALL STUMP REMOVAL PROJECT at 5:30 p.m. on MONDAY, AUGUST 27, 2018. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to remove the designated stumps in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be from August 28, 2018 to a completion date of no later than December 31, 2018, unless inclement weather prevents completion of project. NOTICE OF PUBLIC HEARING page 1 of 3 Page 97 of 243 0 PROPOSALS SUBMITTED i All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the stump removal work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. Y 1 CONTRACT AWARD The City shall award one Contract to the responsible Bidder whose bid, conforming to the Specifications and is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful 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. NOTICE OF PUBLIC HEARING page 2 of 3 Page 98 of 243 i. 1 METHOD OF PAYMENT TO CONTRACTOR 9. Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of stumps removed at the average contract stump price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of stumps removed must agree with numbers recorded by the Leisure Services Commission. Payment(s) will be mailed to contractor. Payments shall be mailed to contractor as part of regular billing cycle. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of 52018 City of Waterloo, Iowa, Kelley Felchle, City Clerk NOTICE OF PUBLIC HEARING page 3 of 3 Page 99 of 243 i CITY OF WATERLOO, IOWA Waterloo Leisure Services 3 INSTRUCTION TO BIDDERS ii I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc,, and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. IL PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III, LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS page 1 of 3 Page 100 of 243 I� V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 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 Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS page 2 of 3 Page 101 of 243 r 6 i 3 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 him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS pag 3 of 3 Wage 102 of 243 i I i CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract- means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda(if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE I OF 3 Page 103 of 243 d Fittinp,and Coordination of the Work I The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and their equipment. The City forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 104 of 243 B 3 Liability Insurance 3 i The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$5,000,000.00 liability for bodily injury(including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGC 3 Or 3 Page 105 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION 0 SPECIFICATIONS ' for 2018 FALL STUMP REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated stumps in the city owned rights-of-way and city parks in accordance with these specifications. SPECIFICATIONS All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. If there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. Once the stump (and mound) is removed, it should not look like a tree was ever present at that site. Stumps may have sprouted growth since tree removal. It is the responsibility of the contractor to remove and dispose of this vegetative stump growth before grinding stumps. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50150 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles conflicting with the stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for stump removals. Page 1 of Wage 106 of 243 COMPLETION DATE Stump removal project shall be completed by December 31, 2018, unless inclement weather prevents completion of project. e NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations. Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. DAMAGE PROTECTION All property damaged by the Contractor from the 2018 Fall Stump Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission, The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this stump removal project. List the year, make and model of the equipment listed. STORAGE OF EQUIPMENT The City of Waterloo shall make no provisions for storage of contractor's equipment on city property. Page Z of 3 Page 107 of 243 is g: I' SIZE OF STUMPS Stump sizes listed are actually the Diameter at Breast Height (DBH) of the tree trunk before it was removed. This diameter of the tree was determined by wrapping a diameter V measuring tape (measuring inches) around the trunk at 4.5 feet from the ground before the tree was removed. Since many trees have a significant basal flare where the trunk meets the ground, the size of the stump will more than likely be larger than the listed DBH. The height of the stump will be 12"or less. If stump is taller than that it will be mentioned in the comments column of the stump list. LOCATIONS OF STUMPS Locations of stumps are in the city owned rights-of-way and city parks. A list of locations is attached, as well as aerial maps of park stump locations. EXTRA STUMP REMOVALS In the event there is sufficient funding, the city will consider the removal of extra stumps from trees that were removed after the stump removal contract letting. These stumps will be subject to the same specifications for removal as the original lump sum stumps. 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The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2018 FALL STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 813 stumps along City owned rights-oft-way and parks as listed in the attached documents for the following amount: TOTAL BID PRICE: Dollars ($ ) 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten(10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non-Collusion Affidavit of Prime Contractor, 5. The Bidder is prepared to submit a financial and experience statement upon request. BID FORM page 1 of 2 Page 154 of 243 i 3 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: I I 1 I I 1 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p,m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"or "NA". i 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,ritte BID FORM page 2 of 2 Page 155 of 243 i i STATEMENT OF BIDDER'S QUALIFICATIONS I (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, STATEMENT OF BIDDERS QUALIFICATIONS YPageF156 of 243 r Dated this day of , 20 r U Name of Bidder P d 0 By: Title: State of ) u } ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of , 20 Notary Public My commission expires , 20 i 3 STATEMENT OF BIDDER'S QUALIFICATIONS PRageFt57 of•243 i g 6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, B as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars {$ lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the_day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE l OF[ Page 158 of 243 Y NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of } being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title i S c a cs- cT.a�n cL.�wo rcv to Ts ore vvt�lh� ------ day of---------------------------- 2018. ---- ----------------------------- ------------------------------------- My ------------------------------------ u i Page 159 of 243 i y I NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR V State of ) B i ) County of } being first duly sworn, deposes and says that: L 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 FALL STUMP REMOVAL PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; S. 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 Suhi-ora7e&av&wa-YwDo-beta re,mvielthik _____ day of ______________________ 2018. ------------------------------------ _____-----__________-_-______------ S Ona tu4-e, rite. My ey-p Urek----------------- ______ Page 160 of 243 y EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) i I 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: o 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 C. 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. 1 The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's a Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE PACE I Or 2 Page 161 of 243 j i I i 3 1 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this I contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date 3 0 pu N EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 162 of 243 I CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION I CONTRACT foi 2018 FALL STUMP REMOVAL PROJECT This Contract for 2018 FALL STUMP REMOVAL PROJECT(the "Contract") is made and entered into on , 2018, by and between the City of Waterloo, Iowa(the"City"), and (the"Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing C. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g, Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten(10)days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. S. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Stump Removal Contract-Page 1 of 3 Page 163 of 243 i 3 City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the I 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 p prosecution of work, but if the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. S. 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 jab performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7)days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above,this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one(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. 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 Attu: 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. u 0 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute u any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Stump Removal Contract-Page 2 of 3 Page 164 of 243 u 1 i '1 I 3 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. y 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Dollars ($ ) IN WITNESS WHEREOF,the parties have executed this Contract for Stump Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor Name of Contractor By: City Clerk Title: i Stump Removal Contract-Page 3 of 3 Page 165 of 243 Bidder Schaefer Tree & Lawn Seri Waterloo, IA Wilson Custom Tree Cresco, IA Tree Pros Waterloo, IA Vieth Constiuction, Cedar I CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2018 FALL STUMP REMOVAL PROJECT This Contract for 2018 FALL STUMP REMOVAL PROJECT (the"Contract")is made and entered into on August 27, 2018,by and between the City of Waterloo,Iowa(the "City"), and Tree Pros (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing C. Instruction to Bidders d. Signed copy of Bid e. General Conditions £ Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten(10) days after the City issues a "Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa,relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless,from and against any and all claims, demands, causes of action,losses, costs, or liabilities whatsoever,including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Stump Removal Contract-Page 1 of 3 Page 167 of 243 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work,but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including,but not limited to,the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7) days' advance written notice. In the event of termination,the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail,postage prepaid and addressed: City Contractor City of Waterloo,Iowa Tree Pros 715 Mulberry St. 3332 Gilbertville Rd. Waterloo, Iowa 50703 Waterloo,IA 50701 Attn: City Clerk Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii) three(3)business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture,partnership, agency, employment, or any other relationship between the parties nor, Stump Removal Contract-Page 2 of 3 Page 168 of 243 except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor: Ninety-seven thousand two hundred Dollars ($97,200) IN WITNESS WHEREOF,the parties have executed this Contract for Stump Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Tree Pros Mayor Name of Contractor By: City Clerk Title: Stump Removal Contract-Page 3 of 3 Page 169 of 243 CITY OF WATERLOO Council Communication FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date .. raaffic1 erati s i��c;an L_ A.nn ApprovedApproved /22/2018 ... 10.17A f aoau e, ATTACHMENTS: Description Type ❑ 13id 'Ta h.niftiorn Baac°kitp Maamlaai Motion to receive and We 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. SUBJECT: Resolution confirming approval of specifications, bid documents, form of contract. etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review.= Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Motion. Summary Statement: Extension of water and sanitary sewer to the City's Yard Waste Site during construction of the pole building. Expenditure Required: $283,505.00 Source of Funds: Sanitation Funds Policy Issue: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 170 of 243 F Bidder Lodge Construction, Inc. Clarksville, IA Rave Schmitt construction Cedar Rapids, IA Vieth Consh-uctl* on Coip. Cedar Falls- TA CITY OF WATERLOO Council Communication Resolution approving submission of a grant application to the Community Foundation of Northeast Iowa, in an amount not to exceed $15,677, to replace ash trees in Miriams Park and Prairie Grove Park. City Council Meeting: 8/27/2018 Prepared: 8/17/2018 REVIEWERS: Department Reviewer Action Date t eusu:ure Servs ces tpuutnrn ;, Paul Approved 8/� I/.'018 ... 1.34 P Werk Office Eveum, 1-eAniu Approved 8/21/:018 5-41 PM Resolution approving submission of a grant application to the Community SUBJECT: Foundation of Northeast Iowa. in an amount not to exceed 515,677, to rQlace ash trees in Miriams Park and Prairie Grove Park. Submitted by: Submitted By: Todd Derifield, City Forester Recommended Action: Approve attached resolution. The City of Waterloo has been infested with Emerald Ash Borer insects that are killing thousands of ash trees in our community. Ash trees will be Summary Statement: removed in Miriams Park and Prairie Grove Park. Leisure Services is proposing to replace those ash trees in those two parks with a variety of species. The Community Foundation of Northeast Iowa has funds available for planting trees in Waterloo. Expenditure Required: There are no matching funds required for this grant opportunity. Source of Funds: There are no matching funds required for this grant opportunity. This grant opportunity for the project of replanting trees in place of ash trees Policy Issue: removed would support the City of Waterloo Strategic Plan. Strategy 4.5 "Maintain community service and city facilities that support quality of place." Alternative: N/A The City of Waterloo has been infested by Emerald Ash Borer and they are killing the ash trees in our community. Replacing these trees with a diversity Background Information: of species is a goal as well as a challenge. The challenge present in replacing these ash trees is the availability of funding. Grants such as this one offer an opportunity to meet our goal. Legal Descriptions: N/A Page 172 of 243 CITY OF WATERLOO Council Communication Resolution approving new Young Arena ice rental rates for the 2018-2019 season and the 2019-2020 season. City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date 1-ensure Su,nviceus 1puut:nnf,;, Paul Approved 8/20/201 ... 12.23 PM t]errk Off-we p veni, t: e inn a Approved 8/21/.'018 ... 5.38 PM ATTACHMENTS: Description Type Ice Rates Covet Melalo SUBJECT: Resolution approving new Young Arena ice rental rates for the 2018-2019 season and the 2019-2020 season. Submitted by: Submitted By: Chris Dolan, Young Arena Manager Recommended Action: Approval recommended by Leisure Services Commission(8-14-18 meeting). The attached rate change proposal would raise hourly contracted ice rate Summary Statement: from$160.50 to $175.00 and would raise hourly non-contracted rate from $170.50 to $185.00. Warrior High School Hockey ice fee would raise from $3,210 to $3,500 per season. These increases are approximately 9%. Background Information: Young Arena ice rates have not been increased for the last 3 seasons. Rates will remain competitive as compared to ice rates in neighboring Iowa cities. Page 173 of 243 Young Arena Ice, Rates 2008-2020 .................. . .... Year Contracted Non Contracted .......... 2008-2009 $130.00per hr $140.00 per hr 2009-2010 $135.00 $145.00 2010-2011 [$435.00............... ......... 4"5".'0' 0 . ................. ............................... 111-11, '­—-------------- --------- 12011-2012 $135.00 $145.00 2012-2013 $135.00 $145.00 ....... ......­1­11"­ ­­­------- 2013-2014 $142.00 $152.00 I................................. ............. -----__ - ­­ - .......... ......­-------------------- 12014-2015 $150.00 $16.... 160.00 0.00....______ .. ... 2015-2016 $160.50 $170.50 ..................... .................. 2016-2017 $160.50 $170.50 12017-2018 $160.50 $170.50 .......... 2018-2019 (Proposed) 1 $175.00 $185.00 .............. ................. .......... 2019-2020 (Proposed) 1 §175.00 .................... L'1­­­­­__,_.......... .... ....... Warrior High School Hockey Team — Monthly Practice / Game Fee ((Jct-Feb) (2)Additional home games in 2018-2019 Current Rate $3,210.00 ------ Proposed Rate $3,500.00 Contracted=Ice user groups renting 20 hours or more per year. Iowa/USHL Arena Ice Rate CofflRA—risons Cedar Rapids- $230 per hour (1St 150 hours rented) $195 (Hours 151 & above) Dubuque- $252 per hour (Sept-April) $192 (May-Aug) Des Moines- $260 per hour Page 174 of 243 CITY OF WATERLOO Council Communication Resolution approving a five (5)year beverage sales agreement with Pepsi Beverages Company, and authorizing the Mayor to execute said document. City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date 1 eusu:rre Servs ces 1puutnnng, Paul Approved 8/20/.2018 ... 1-tl 8 p.mM (Ierk Office Eveni, l:.urAni) Approved 8/21/2018 5:32 PM ATTACHMENTS: Description Type Soft p::Mrnk Ilrop sa is Covet Menlo P psv C4britra ct Ba cknJlp'b MateriaN SUBJECT: Resolution approving a five(5)year beverage sales agreement with Pepsi Beverages Company, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Paul Huting, Leisure Services Director The Leisure Services Commission recommends approval of the Soft Drink Contract with Pepsi Beverages Company(approved at 8-14-18 meeting). Recommended Action: This would cover beverages to be sold at Young Arena, SportsPlex, Gates and Byrnes Pools, Byrnes Tennis Center, and Riverfront Youth Sports Complex. The current Leisure Services agreement with Pepsi Beverages Company will expire at the end of this month. New proposals were received from representatives of Pepsi and Coke, and opened on August 2 at loam in the Young Arena office. Summary Statement: Staff is reviewed the proposals and recommend approval of the Pepsi Beverages Company 5 year Agreement. The Pepsi proposal offers the best product pricing, largest annual upfront payments, and the best overall 5 year net revenues over expenditures. A comparative spreadsheet is included for your review. This Agreement supports the City of Waterloo Strategic Plan Strategy Goal 3: Reduce the City' s property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property Policy Issue: valuations to ensure that Waterloo is a competitive, affordable and livable city. Strategy 3. 1: Continue to implement and explore new options for revenue generation for the City. Page 175 of 243 The current Leisure Services agreement with Pepsi Beverages Company will expire at the end of this month. New proposals were received from representatives of Pepsi and Coke, and opened on August 2 at loam in Background Information: the Young Arena office. A comparative spreadsheet is included for your review. Page 176 of 243 67 M r �wti n MM CU 67' N r 637 00 OCOMD Fes,,, r r r In Lq l F„ 04 r M M Cl) �' dM dN V It � 00 v N m OER 69 69 6, 63 U)- CO R 69 Efl 69 63 69 f# ....,..,....� .....0 0... d O ..O d ..�..u, O, .w w,....... w rMLd% O 0 0 O C'3 0., O 0 d d O CD d0 d d d 0 O III O M M M M Ln V' L M y} 69 69" H3''.... 69 66- FF! 69'... 69 69 69 w 69 c0 CO CO CU CU CU . A d4am ' d' N M � 03 c6 00 00 00 r M M M 1 `- w° a0 ad O 00 01 d' r g aD 00 00 00 CO d' a^� O Y F am M14 mum m d' m h� ........,,. m .._. ........,...,.,�.�....,F. . �....,..._611- m ..... .. ...........,��,... W��aa.�..... ............. 6� m 69 Ef} 69 Ef} 64 69 63 6$ 69 69 00 O O 0 d d O d d 0 0 d d O d d 0 d d d d O d O O n Ln w L(7 I'D 4 LO " 0 O 0 0 O O M C6 00 06 00 6 N Ln..,'...... Ln Ld LU Rti.'. 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G'J- m 6% 69 69 Ef} W Ve} flS h-W O N L(m Um O d 0 d O rML4i O d' 00 N 1- " ;,L O O 0 0 0 y tYi N N N M M R(1 IC1 41� IC1 ryCLm e . nom 63 69 W 69 69 64 64 63 Ef} 63 w f` 0' O 0 0 O r O w N 6m CU MM m CSU t�D CSU 6�7 V 00 m Iq I`- 00 0 N m a o O 0 N N 16 p d d' It LO 0 N 7 Ln IC) m IA N � m 61� 611 n m imp 4A. m 69 64 wIp 69 to 69 W 6. 6i O O CM6 N m LO C(U & O O O 000 000 06 04 rOD 6 6 ON N N N N N ... od cq m C. m W 69.... 69 69 69 m 69 6966- w uj 00 0 0 ® d UC) Iq I(0 L(m m 0 O d d O M M M M �a ■� N U) , 00 rod ~ ® Uri C) d o ~ o ~ } r N M d Ln r N M d to m t , m m m ca mm ca m m ca o a� aI a) ai a) y- m ai ai a) ai m >- age 177 of 243 PSI BEVERAGES COMPANY BEVERAGE SALES AGREEMENT This sets forth the agreement ("Agreement") between Bottling Group, LLC, a Delaware limited liability company, and its affiliates and/or respective subsidiaries collectively comprising Pepsi Beverages Company with an office located at 400 6th Avenue SE, Cedar Rapids, IA 52401 ("Pepsi") and City of Waterloo, with offices at 715 Mulberry Street, Waterloo, Iowa 50703 (the "Customer") relating to the purchase by the Customer from Pepsi of the Products. The support described below is in lieu of any other discounts, allowances or rebates to which the Customer might otherwise be entitled from time to time. Definitions As used in this Agreement, the following capitalized terms shall have the respective meanings assigned thereto below. "Beverage" or `Beverages" means all carbonated and non-carbonated, non-alcoholic drinks, however dispensed, including but not limited to, (i) colas and other flavored carbonated drinks; (ii) fruit juice, fruit juice containing and fruit flavored drinks; (iii) chilled coffee drinks; (iv) chilled tea products; (v) hypertonic, isotonic and hypotonic drinks (sports drinks and fluid replacements); (vi) energy drinks, (vii) packaged carbonated or still water (including spring, mineral or purified), (viii) liquid concentrate teas, (ix) frozen carbonated and non-carbonated beverages, and (x) any future categories of nonalcoholic beverage products that may be distributed by Pepsi. For purposes of clarification, fresh brewed hot coffee, hot chocolate and milk products are excluded from the definition of"Beverages". "Beverage Products" shall mean Beverages that are sold and /or distributed by Pepsi in pre- packaged form (e.g., bottles and cans). A current list of Pepsi's Packaged Products is listed in attached Exhibit B which may be amended by Pepsi from time to time. "Cases" shall mean the number of cases of Beverage Products purchased by the Customer from Pepsi, initially delivered in quantities of 24, 15, and 12 bottle/can units, and thereafter in such other size, quantity and type of containers as determined by Pepsi, from time to time. "Facilities" shall mean the following existing Customer locations as listed in attached Exhibit A including: Byrnes Park Pool, Byrnes Tennis Center, Cedar Valley SportsPlex, Gates Park Pool, River Front Sports Complex, and Young Arena, and shall include any restaurant, outlet or other facility that may be opened or acquired by the Customer at or within the Facilities. In the event that new Facilities are added during the Term of this Agreement, the parties shall create an updated Exhibit A and attach it hereto. The Facilities shall include the parking garages or other Customer-owned/control led/operated surrounding areas located at or within those facilities. "Products" shall mean collectively the Beverage Products and Snack Products (as defined below). Law 119999-1 Page 178 of 243 PSI BEVERAGES COMPANY "Snack Products" shall mean any and all snack food products sold and distributed under the trademarks of Frito-Lay, Inc. and/or its subsidiaries and affiliates. "Year" shall mean each 12-month period during the Term commencing on the first day of the Term or an anniversary thereof. 1. Term The term of this Agreement shall commence on September 1, 2018 and expire on August 31, 2023 (the "Term"). When fully executed, this Agreement will constitute a binding obligation of both parties until expiration or termination. 2. Scope (A) Exclusive Rights During the Term of this Agreement Pepsi shall have the exclusive right to provide all Products for sale and distribution within the Customer's Facilities, including at all locations located within the Facilities where Beverages are sold and catering operations, if any. Accordingly, the Products shall be the only Beverage Products and Snack Products of their respective types sold, dispensed or served anywhere at the Facilities, and Customer will cause the purchasing representative for each of the Facilities to purchase all its respective requirements for such Products directly and exclusively from Pepsi or an affiliate thereof. Notwithstanding the foregoing, if the event Customer determines to offer a snack product(s) that is not currently available as a Snack Product, then Customer can purchase such snack product for sale at the Facilities until such time as a similar Snack Product of the same type or category is available from Pepsi to Customer. (B) Advertising Rights Pepsi may advertise and promote its Products in and with respect to the Customer and its Facilities upon mutually agreed to terms and conditions. 3. Performance This Agreement, including all of Pepsi's support to the Customer as described below, is contingent upon the Customer complying with all of the following performance criteria: (A) Exclusive Vending Machine Placement. During the Term of this Agreement, Customer agrees to permit only those vending machines placed and operated by Pepsi to operate at the Facilities ("Vending Machines"), except that vending machines offering snack foods other than Snack Products shall be permitted as set forth in Section 2(A) above. The Products shall be offered for resale only through Vending Machines. Except as set forth in Section 2(A) above, Customer represents and warrants, and undertakes to ensure, that the snack foods andbeverage Products sold through the Vending Machines shall be the exclusive snack foods and non- alcoholic beverage products advertised, promoted, identified, offered for sale or otherwise made available at the Facilities during the Term. Specific location of Vending Machines will be 2 Law 119999-1 Page 179 of 243 PSI BEVERAGES COMPANY determined initially by mutual agreement of the parties, but in the exercise of its reasonable discretion relating to its space allocation needs Customer may notify Pepsi that particular Vending Machines must be relocated to another mutually agreeable space at the Facility. (B) Brand ID. The Customer shall have appropriate brand identification, as identified by Pepsi, for each Product served on all menus (including catering) and menu boards at each of the Facilities throughout the Term. (C) Changes in Facilities. The Customer agrees that it shall promptly notify Pepsi, in writing, of each new Facility which is opened or acquired during the Term, as well as of any Facility which is closed, sold or otherwise disposed of during the Term, so that the parties may promptly update Exhibit A. The parties acknowledge that Customer operates many locations in the City of Waterloo that are not identified as Facilities and thus are not subject to the terms of this Agreement. 4. Consideration In consideration of the exclusive rights granted to Pepsi by Customer over the Term of this Agreement, and provided Customer is not in breach of this Agreement, Pepsi shall provide Customer with the following: (A) Annual Support Funds. Pepsi shall provide Customer with annual support funds in the amount of Eight Thousand Five Hundred Dollars ($8,500) payable to the Customer within sixty (60) days after the signing of this Agreement by both parties with respect to Year 1; and within sixty (60) days following commencement of each Year thereafter until the end of the Term of this Agreement (the "Annual Support Funds"). The Annual Support Funds are earned throughout the Year in which they are paid. In the event Pepsi terminates this Agreement due to the Customer's failure to cure a breach hereof, the unearned Annual Support Funds will be repaid to Pepsi pursuant to the terms of Section 7(13)(i)herein. (B) Case Rebates. Each Year throughout the Term, Pepsi shall calculate the total number of Cases of Packaged Products purchased by each of the applicable Facilities from Pepsi pursuant to this Agreement, and shall provide the Customer with Case rebates calculated based on applicable amounts set forth below (the "Case Rebates"). The Case Rebates, if applicable, shall be paid by Pepsi within sixty(60) days of the end of each applicable Year during the Term. Case Rebates Rate,pet Case Applicable,Products $2.50/Case 24-count Cases of 20 oz. Corporate branded Carbonated Soft Drinks $2.50/Case 24-count Cases of 20 oz. Aquafina $2.50/Case 24-count Cases of 20 oz. Gatorade The parties agree that Pepsi shall not accrue or pay any Case Rebates for sales to Facilities that are in breach of the Performance Requirements listed in Section 3 above. 3 Law 119999-1 Page 180 of 243 PSI BEVERAGES COMPANY (C) Free Equipment Loan and Service. As further outlined in Section 5 below, Pepsi shall provide at no cost to Customer or the Facilities necessary dispensing/selling Equipment for Beverages and Snack Products at the Facilities. Such Equipment shall be in sufficient quantities (in light of sales volume) as determined by Pepsi to satisfy the reasonable needs of each Facility. 5. Equipment During the Term, Pepsi will loan each Facility, at no charge, appropriate equipment for selling and/or dispensing the Products and Vending Machines for selling and/or vending the Snack Products (collectively the "Equipment'). Customer agrees that the Equipment shall be exclusively used to display and merchandise the Products, and the Customer shall not use the Equipment to display, stock, advertise, sell or maintain any other products (including on the exterior of the Equipment). Pepsi will also provide, at no charge to the Customer, service to the Equipment. Title to such Equipment will remain vested in Pepsi or its affiliate and all such Equipment will be returned to Pepsi upon expiration or earlier termination of this Agreement. Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi will also provide Customer with a telephone number to request emergency repairs and receive technical assistance related to the Equipment after business hours. Pepsi will promptly respond to each applicable Customer request, and will use reasonable efforts to remedy the related Equipment problem as soon as possible. Pepsi will enter upon all Facilities and Customer locations within the scope of this Agreement in their then-current condition and, if applicable, will maintain the area occupied by the Equipment in safe, serviceable, and good condition. Pepsi will not permit or allow said premises to be damaged or depreciated in value by any negligent act or omission, or by any willful misconduct, of Pepsi, its agents or employees. 6. Pricing Pepsi will provide Customer/Facilities a complete supply of Products during the Term of this Agreement and shall deliver such Products in a timely manner (based on mutually agreed upon delivery schedules) and in good and sanitary condition. The Products shall be purchased by the Customer from Pepsi at prices established by Pepsi; provided, however, that any annual price increase for Beverage Products will not exceed 3.5% of the then current pricing. The current pricing schedule for Beverage Products is set forth on attached Exhibit B. Pepsi shall provide thirty(30) days' notice of any price increases during the Term. 7. General Terms (A) Termination. Either party may terminate this Agreement if the other commits a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach and the other party has failed to remedy or cure the breach within thirty(30) days of such notice. (B) Remedies. If Pepsi terminates this Agreement as a result of default by Customer or its Facilities, or if Customer terminates this Agreement other than due to Pepsi's failure to cure a breach hereof, then Customer and its Facilities will surrender to Pepsi all Equipment provided by Pepsi and shall forfeit all funding not earned as of the date of termination. Further, either party 4 Law 119999-1 Page 181 of 243 PSI BEVERAGES COMPANY may terminate this Agreement immediately in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or if such party makes an assignment for the benefit of its creditors. In addition, without prejudice to any other right or remedy available to Pepsi, Pepsi shall have the right to immediately seek reimbursement from Customer and the Facilities for the following: (i) An amount reflecting reimbursement for all funding previously advanced by Pepsi but not earned by the Customer pursuant to the terms of this Agreement. With regard to the Annual Support Funds, the amount of such reimbursement shall be determined by multiplying Annual Support Funds by a fraction, the numerator of which is the number of months remaining in the Year in which the Agreement is terminated at the time such termination occurs and the denominator of which is 12 (twelve); and (ii) An amount reflecting reimbursement for the cost of refurbishing of Equipment provided during the Term and the cost of removal of all Equipment that has been installed in the Facilities, if applicable, except in the case of termination due to bankruptcy or insolvency. (C) Expiration. Upon expiration of this Agreement, if Customer has not entered into a further agreement with Pepsi for the purchase of the Products, Customer shall surrender to Pepsi all Equipment installed in the Facilities, whether leased, loaned or otherwise made available by Pepsi. (D) Right of Offset. Pepsi reserves the right to withhold payments due hereunder as an offset against amounts not paid by Customer or its Facilities for Products ordered from and delivered by Pepsi pursuant to this Agreement. (E) Indemnification. Pepsi will indemnify and hold the Customer harmless from any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of. (i) its breach of any term or condition of this Agreement; (ii) product liability suits resulting from the use or consumption of the Products; and/or (iii) the negligence or willful misconduct of Pepsi, its employees, contractors, and agents. To the extent permitted by applicable law, the Customer will indemnify and hold Pepsi, its subsidiaries, affiliates or assigns harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of. (i) its breach of any term or condition of this Agreement; and/or (ii) the negligence or willful misconduct of the Customer. (E-1) Insurance. During the term of this Agreement, Pepsi shall, at its own expense, maintain in force and effect commercial general liability insurance in amounts not less than Five Million Dollars ($5,000,000.00) per occurrence for bodily injury and Five Million Dollars ($5,000,000.00) general aggregate. Such insurance shall cover liability arising from bodily injury,property damage, 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 Pepsi, its employees and agents. Certificates, showing Customer as an additional insured, and providing for thirty (30) days' advance notice to Customer before 5 Law 119999-1 Page 182 of 243 ePEPSI BEVERAGES COMPANY cancellation, shall be delivered to Customer concurrently with execution of this Agreement. A renewal certificate shall be provided to Customer prior to expiration of any policy. Any liability shall be first assumed by Pepsi's insurance up to the limits of coverage as set forth herein. Customer may at its own expense procure and maintain additional insurance. Including Customer as an additional insured shall not constitute a waiver of Customer's governmental immunity under Iowa Code Chapter 670. (F) Assignment. (i) In the event that a third party acquires Customer or all or a group of the Facilities, or if Customer is acquired or merges with a third party, Customer will, in connection with such transaction, cause the acquiring party/merged entity, in writing, to ratify this Agreement and assume all of the obligations of Customer hereunder. In the event that Customer does not deliver written evidence of such ratification and assumption of this Agreement by the acquiring party/merged entity within thirty (30) days following the closing of the transaction, the Customer will be in breach of this Agreement and Pepsi may, at its option, terminate this Agreement effective immediately and Customer will pay to Pepsi all sums specified in Section 7(B) herein. The Agreement shall not be otherwise assignable without the express written consent of Pepsi. (ii) Any assignment of this Agreement by Pepsi, in whole or in part, without Customer's prior written consent shall, at the option of Customer, immediately terminate this Agreement, and Pepsi shall immediately surrender possession of any premises where is Equipment is located and, within a reasonable period of time, remove its Equipment and abide by all other provisions of this Agreement that may apply at that time. This Agreement does not give Pepsi any interest in the Facilities or appurtenant premises that is capable of being subleased, assigned, mortgaged or otherwise dispose of to another party. (G) Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to conflict of laws principles. (H) Price Discrepancy. Any price discrepancy claim must be submitted to Pepsi within 365 days of the date of the invoice in question. If the Customer makes a price discrepancy claim within 90 days of the invoice date, the Customer must submit a written request specifying the particular Product, amount in dispute and reason for the dispute. This request should be addressed to: Accounts Receivable Pepsi-Cola Customer Service Center P.O. Box 10 Winston-Salem, North Carolina 27102. If the Customer makes a price discrepancy claim from 91 to 365 days after the date of invoice, in addition to the written request as specified above, the Customer must submit to Pepsi a copy of the invoice in question, copies of any check remittances pursuant to the invoice in question and any additional supporting documentation. 6 Law 119999-1 Page 183 of 243 PSI BEVERAGES COMPANY (I) Tax. The Customer acknowledges and agrees that neither Pepsi nor its affiliates shall be responsible for any taxes payable, fees or other tax liability incurred by the Customer in connection with the consideration or any other fees payable by Pepsi under this Agreement. Pepsi shall not be assessed common area maintenance fees, taxes or other charges based on its occupation of the space allocated to its Equipment at the Facilities. (J) Force Majeure. Pepsi will not be responsible for any delay or lack of delivery resulting directly or indirectly from any foreign or domestic embargo, product detention, seizure, act of God, insurrection, war and/or continuance of war, the passage or enactment of any law ordinance, regulation, ruling, or order interfering directly or indirectly with or rendering more burdensome the purchase, production, delivery or payment hereunder, including the lack of the usual means of transportation due to fire, flood, explosion, riot, strike or other acts of nature or man that are beyond the reasonable control of Pepsi or that of the suppliers to Pepsi unless such contingency is specifically excluded in another part of this Agreement. Subject to the provisions below, this Agreement will be suspended as to both Product and delivery during any of the above force majeure contingencies. Any and all suspended deliveries will resume after such contingencies cease to exist, if possible, and this Agreement will resume in accordance with its terms, unless otherwise provided for herein. (K) Release, Discharge or Waiver. No release, discharge or waiver of any provision hereof shall be enforceable against or binding upon either party hereto unless in writing and executed by both parties hereto. Neither the failure to insist upon strict performance of any of the agreements, terms, covenants or conditions hereof, nor the acceptance of monies due hereunder with knowledge of a breach of this Agreement, shall be deemed a waiver of any rights or remedies that either party hereto may have or a waiver of any subsequent breach or default in any of such agreements, terms, covenants or conditions. (L) Relationship of the Parties. The parties are independent contractors with respect to each other. Nothing contained in this Agreement will be deemed or construed as creating a joint venture partnership between the parties. (M)Effect of Headings. The headings and subheadings of the sections of this Agreement are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the agreements, terms, covenants and conditions of this Agreement in any manner. (N) Construction. This Agreement has been fully reviewed and negotiated by the parties hereto and their respective legal counsel. Accordingly, in interpreting this Agreement, no weight shall be placed upon which party hereto or its counsel drafted the provision being interpreted. Wherever this Agreement provides for one party hereto to provide authorization, agreement, approval or consent to another party hereto, or provides for mutual agreement of the parties hereto, such authorization, approval, agreement or consent shall, except as may otherwise be specified herein, be given in such party's reasonable judgment and reasonable discretion, and shall be in writing unless otherwise mutually agreed by the parties. If any term or provision of this Agreement shall be found to be void or contrary to law, such term or provision shall, but only to the extent necessary to bring this Agreement within the requirements of law, be deemed Law 119999-1 Page 184 of 243 SI BEVERAGES COMPANY to be severable from the other terms and provisions hereof, and the remainder of this Agreement shall be given effect as if the parties had not included the severed term herein. (0) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (P) Further Assurances. Each party hereto shall execute any and all further documents or instruments and take all necessary action that either party hereto may deem reasonably necessary to carry out the proper purposes of this Agreement. (Q) Notices. Unless otherwise specified herein, all notices, requests, demands, consents, and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand delivered, upon delivery when sent by express mail, courier, overnight mail or other recognized overnight or next day delivery service, or three (3) days following the date mailed when sent by registered or certified United States mail, postage prepaid, return receipt requested, or by facsimile, with a confirmation copy sent by recognized overnight courier, next day delivery, addressed as follows: If to Pepsi: Pepsi Beverages Company 4006 1h Avenue SE Cedar Rapids, IA 52401 Attn: Director, FoodService With a copy to (which shall not constitute notice): Pepsi Beverages Company 1111 Westchester Avenue White Plains,NY 10604 Attn: Legal Department If to Customer: City of Waterloo 125 Commercial Street Waterloo, Iowa 50701 Attn: Chris Dolan (R) Limitations/Offset Rights. Pepsi reserves the right to limit quantities, withhold or deduct funding as an offset to amounts not paid by Customer under this Agreement or terminate this Agreement if the Customer (i) sells Products directly or indirectly for resale outside of the Pepsi's exclusive territory where the Facility operates, (ii) purchases Products outside Pepsi's exclusive territory where the Facility operates and resells such Products within Pepsi's exclusive s Law 119999-1 Page 185 of 243 SI BEVERAGES COMPANY territory or (iii) does not comply with Pepsi's payment terms or makes an unauthorized deduction from amounts due. (S) Entire Agreement. This Agreement contains the entire agreement between the parties hereto regarding the subject matter hereof and supersedes all other agreements between the parties. This Agreement may be amended or modified only by a writing signed by each of the parties. (T) Customer Representations. Customer represents and warrants to Pepsi that the execution, delivery and performance of this Agreement by Customer will not violate any agreements with, or rights of, third parties. The Customer and undersigned represent that the undersigned is duly authorized and empowered to bind the Customer to the terms and conditions of this Agreement for the duration of the Term. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date set forth below. Bottling Group, LLC City of Waterloo By: By: Print Name: Print Name: Title: Title: Date: Date: 9 Law 119999-1 Page 186 of 243 PEPSI BEVERAGES COMPANY Exhibit A Customer Facilities Byrnes Park Pool Concessions— 801 Campbell Ave., Waterloo, Iowa 50701 Byrnes Park Tennis— 1110 Campbell Ave., Waterloo, Iowa 50701 Leisure Services Cedar River Park— 539 Burton Ave., Waterloo, Iowa 50703 Gates Park Pool— 820 E. Donald St., Waterloo, Iowa 50703 Young Arena— 125 Commercial St., Waterloo, Iowa 50701 Cedar Valley SportsPlex—300 Jefferson St., Waterloo, Iowa 50701 10 Law 119999-1 Page 187 of 243 PSI BEVERAGES COMPANY Exhibit B 2018 Pricing Customer acknowledges and agrees (and shall require that any third parties or Food Service Providers purchasing Products through this Agreement agree) that Pepsi shall be entitled to pass-through any governmentally imposed incremental fees, deposits, taxes or other charges (whether local, state, federal or judicially imposed) and that the pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products shall not be deemed as a price increase subject to any pricing cap or notification restrictions that may be specified in this Agreement. Year 1 Prices Bottle & Can Products Cost Per Case Cost Per Unit Carbonated Soft Drinks — 20oz 24 k Bottle* $18.00 .75 Lipton — 20oz 24 k $18.00 .75 Gatorade & G2 — 20oz 24 k $18.00 .75 A uafina Water — 20oz 24 k $12.00 .50 *A deposit of$0.05 per unit will be invoiced at time of purchase per the State of Iowa Bottle and Can Act. 11 Law 119999-1 Page 188 of 243 CITY OF WATERLOO Council Communication Resolution approving Methamphetamine Drug Hot Spots grant money as a sub-recipient from the Governor's Office of Drug Control Policy, in the amount of$23,000.00 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize the Mayor and Chief of Police to execute said document. City Council Meeting: 8/27/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date Pofice i)epar9rrnernt Krogh, Fraik Approved 8/20/2018 ... 3.05 PM (1ed(. Offence Eveni, t:.e n Approved 8/21/2018 ... 5:36 PM ATTACHMENTS: Description Type Medi tpii»mt 17 CA.M 1) 04 (."ov r Memo Resolution approving Methamphetamine Drug Hot Spots grant money as a sub-recipient from the Governor's Office of Drug Control Policy, in the SUBJECT: amount of$23,000.00 with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations, and authorize the Mayor and Chief of Police to execute said document. Submitted by: Submitted By: Frank Krogh, Captain of Police Services Request that the City Council pass a resolution authorizing Mayor Hart and Chief Trelka to receive Methamphetamine Drug Hot Spots grant money as a Recommended Action: sub-recipient from the Governor's Office of Drug Control, for a $23,000.00 grant with no matching funds required. The money will directly pay overtime costs associated with the investigation into mid and high level methamphetamine crimes. Your approval of this grant will enable the Tri-County Drug Task Force to Summary Statement: further investigate mid and high level methamphetamine crimes creating a safer community. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Page 189 of 243 METHAMPHETAMINE DRUG HOT SPOTS GRANT PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E.7th Street,Des Moines,Iowa 50319(515)725-0300 Meth Hots ots CFDA#16.710 Grantee: Grant#17-CAMP-04 i City of Waterloo Grant Period: July 1,2018 through June 30,2019 Quentin Hart 715 Mulberry Street Waterloo,Iowa 50703-5714 Federal: $23,000 Match: $0 Total: $23,000 f ODCP Contact:Dennis Wiggins 515/725-0311 I Legal Applicant: Program Director; Daniel Trelka Quentin Hart This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation,the grant program j request for proposal,and the stipulations,if any,noted under"Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grand The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award far the consideration stated herein. This grant consists of the application for funds,the grant award notice, the budget documents, the standard grant conditions, the reporting forms and all approved grant revision documents. Allparties to this grant award acknowledge that they havefully read and understand this contract, i I and agree to abide by the terms set forth within. SPECIAL CONDITIONS • Grant funding is provided to assist project with mid to high level mehtamphetamine investigations or precursor diversion investigations, • Targets of investions will be shared with the Division of Intelligence to be entered into the LEIN database system. • Projects will regularly deconflict investigations by searching potential targets in the LEIN database system. In witness wherefore,the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES Legal Applicant/Date Program Director/Date ODCP Administrator/Date Page 190 of 243 CITY OF WATERLOO Council Communication Resolution approving a request by CGA Engineers on behalf of Fusion Investments, for the preliminary plat of Cedar Valley Crossing, a ten(10)lot commercial/industrial subdivision, located southwest of 3353 Mamie Avenue. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date Ppmnm ng& Zoning Selirroederr, Axie Approved 8/22/2018 ... 11-�5 AM i."clerk Office Eveni, 1-eA aaa Approved 8/22/2018 ... 12-.08 PM ATTACHMENTS: Description Type City C.'ouiicup Packet C eclair- \/aafley Crossing Me nio Resolution approving a request by CGA Engineers on behalf of Fusion SUBJECT: Investments; for the preliminaryplat of Cedar Valley Crossing, a ten(10) lot commercial/industrial subdivision, located southwest of 3353 Mamie Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is for a preliminary plat of Cedar Valley Crossing a 10 lot commercial/industrial subdivision located SW of 3353 Mamie Avenue. Please find attached to this council transmittal the following items: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer The request would not have a negative impact on the neighborhood, as the Summary Statement: area is designated for commercial and light industrial uses with a number of existing commercial uses to the north and west. The plat is comprised of 31.26 acres in size and contains 10 lots for future commercial and industrial development. The plat shows the lots ranging in size from 3.32 acres to 1.96 acres. The "M-I" Light Industrial District is intended to provide areas of the community which are suitable for industrial development adjacent to commercial districts At the August 7, 2018 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the Page 191 of 243 preliminary plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Background Information: N/A EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 89 DEGREES 43 MINUTES 37 SECONDS EAST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 26 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO APOINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES O1 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST)ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS Legal Descriptions: EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES O1 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET(211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST)ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5,A DISTANCE OF 535.22 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER Page 192 of 243 OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL"C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST)ALONG THE NORTH LINE OF SAID PARCEL"C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL"C'; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST)ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 43 MINUTES 37 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) Page 193 of 243 August 27,2018 REQUEST: Request for a preliminary plat of Cedar Valley Crossing a 10 lot commercial/industrial subdivision located SW of 3353 Marnie Avenue. APPLICANT(S): Fusion Investments, LLC, 13557 Sharwood Court, Dyersville, Iowa, 52040 Surveyor: CGA Engineering, Aaron Mueller, 5106 Nordic Drive, Cedar Falls, Iowa 50613 GENERAL The request to preliminary plat 10 lots as Cedar Valley Crossing, DESCRIPTION: a commercial/industrial subdivision. IMPACT ON The request would not have a negative impact on the NEIGHBORHOOD & neighborhood, as the area is designated for commercial and SURROUNDING light industrial uses with a number of existing commercial uses LAND USE: to the north and west. VEHICULAR & Highway 63/Sergeant Road is located adjacent to the property to PEDESTRIAN the west and Marnie Avenue is located to the north. Highway TRAFFIC 63/Sergeant Road is designated as a Principal Arterial Roadway. CONDITIONS AND Marnie Avenue to the north of the property is designated as a COMPLETE local street. Marnie Avenue connects to "Lot 1 and Lot 10" on the STREETS POLICY: preliminary plat and will be extended as part of the development to Tract A. It will need to be determined if sidewalks along all proposed lots will be required when they are developed. Existing Marnie Avenue does not have any sidewalks. The Complete Streets Advisory Committee has suggested that sidewalks should be required even though it will not currently connect to sidewalks, but will be able to be connected in the future as part of a sidewalk infill project. RECREATIONAL The Sergeant Road Trail is located west of the property along TRAIL PLAN: the west side of Highway 63/Sergeant Road and a trail is located to the north along the south side of Ridgeway Avenue. ZONING HISTORY The site in question is zoned "M-1" Light Industrial District and FOR SITE AND has been since the adoption of the Ordinance 3455 on October IMMEDIATE VICINITY: 13, 1986. The surrounding properties zoning and uses are as follows: North: "M-1" Light Industrial District - Highway 63, vacant properties and commercial businesses East: "R-4 and R-3" Multiple Residence District—Apartments and condos South: "A-1"Agricultural District— Cemetery West: "B-P" Business Park District- Highway 63, commercial businesses and vacant property BUFFERS No buffering would be required as part of this request. There is REQUIRED/ NEEDED: an existing multi-family residential property located adjacent to the southeast corner of the proposed development. However, Cedar Valley Crossing Page 1 Page 194 of 243 August 27,2018 there is a sharp 10 foot drop off from where the multi-family residential property sits on the property at 900 feet to 890 feet for the proposed adjacent lots 3 and 4. So, no screening or buffering would be effective. DRAINAGE: A 56' drainage easement is noted along the western side of the plat and 10' to 20' drainage easements are located along various lots. There is also a 3.41 acre storm water management area located at the southwest corner of the proposed development. DEVELOPMENT Commercial development has been taking place the past 10 HISTORY: years to the north and west of the property in question. FLOODPLAIN: Approximately 2% of the property is in the 500 year floodplain and 1% is located within the 100-year special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F dated July 18, 2011. It should however, be noted that no proposed lots or development will occur in the identified special flood hazard area or 500 year floodplain. These floodplain areas are all located within the identified 3.41 acre storm water management area on the southwest corner of the property. PUBLIC/OPEN No public or open spaces are located within the immediate SPACES/SCHOOLS vicinity. The Leonard Katoski Greenbelt is located approximately a half mile to the west. UTILITIES: WATER, A 22" sanitary sewer is located along HWY 63 to the west of the SANITARY SEWER, property. A 8" sanitary sewer line that extends southward into STORM SEWER, the proposed development and 4" drain tile are located along ETC. Marnie Ave to the north. There is currently a 12" water main that dead ends on Marnie Avenue that is 2,500 feet long and ties into West Ridgeway Avenue. RELATIONSHIP TO The Future Land Use Map designates this site as Business COMPREHENSIVE Park: Professional Offices, Commercial with Compatible Light LAND USE PLAN: Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The plat is comprised of 31.26 acres in size and contains 10 ZONING lots for future commercial and industrial development. The plat ORDINANCE: shows the lots ranging in size from 3.32 acres to 1.96 acres. The "M-1" Light Industrial District is intended to provide areas of the community which are suitable for industrial development adjacent to commercial districts. STAFF ANALYSIS — The preliminary plat does appear to show most of the SUBDIVISION necessary information for the submission of a preliminary plat Cedar Valley Crossing Page 2 Page 195 of 243 August 27,2018 ORDINANCE: such as a legal description, property lines with dimensions, proposed and existing sanitary sewer locations, existing and proposed water and storm sewer locations, adjoining subdivisions, existing and proposed contours, and proposed setbacks noted, and the size of the proposed lots. However, the plat does not include details regarding sidewalk extensions, if they are required. During Tech Review, the Engineering Department noted that they have had discussions with the project engineers and developers and are satisfied with the Preliminary Plat although an updated storm water plan will need to be submitted. There was also discussion whether sidewalks will be required for the subdivision but was felt that due to the fact that there is no sidewalks on the rest of Marnie Road that any sidewalks put into this development would be sidewalks to nowhere. Although the Complete Streets Advisory Committee has suggested that sidewalks should be required so that they could be connected to sidewalks as a part of a future sidewalk infill project. The cul-de-sac has been extended from 90' to 96' to address turning radius concerns raised by the Fire Department. In addition a variance to the Subdivision Ordinance will be required by the City Council to allow for a 1,055.6 linear feet cul-de-sac when the Subdivision Ordinance only allow cul-de- sacs to be 720 linear feet or less. There would not appear to be an alternative method to shorten the length of the cul-de-sac. The Planning and Zoning Commission at their regular meeting on August 7, 2018 unanimously approved the preliminary plat request for Cedar Valley Crossing. STAFF Therefore, staff recommends that the request for the RECOMMENDATION: preliminary plat of Cedar Valley Crossing be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. Cedar Valley Crossing Page 3 Page 196 of 243 City of Waterloo Planning, Programming and Zoning Commission August 7, 2018 i I Marnie Avenue l/ li o I I� TITAN�TR r W I, o®/IoAIµ� Z N SW of 3353 Marnie Avenue w E Preliminary Plat Request s Fusion Investments, LLC 350 175 0 350 Feet Page 197 of 243 City of Waterloo Planning, Programming and Zoning Commission August 7, 2018 cad aI A-1 m P� R-2 eek JANE ST R-2 C-Z F— M-1,. R-3;C-Z A-1 D6 3 R-4 R-3 M-2 P C-P ' C-2 0 > W.RIDGEWAY AVE M-1 R-41C—Z °Wy P ATHENS DR R-3 m a F� M A-1 a P P� 0�oo B-P = � ) R-4P�� o o CYCLONE DR ruin R'C KINGs R-4 �. o; M-1 ° o ° o �..... QUAIL PL w TITAN TRAIL R '., -4,R-P _U /) } INE VIEW PL M-2,P R-4 A,N. R-1 ti T 2�yG �LR'ST R-3 PsT <N N m y �� z N% H S � A-1 _ A=1 o C-2 0303 KAMILLE CT M-1 W.SAN MARNAN DR �c"*% C-2,C-Z R-4,R-P 20 �� K.UNE O R-3, o� spy R'P IT R-3 oq Lsrr o�e o<Ge. y0° B-P TY� S ' � p�s ����� ��` p R-1 A-1 P qR �� QMH ST Q �RIOGF KESTREL� RG. pR s ZAUDUBON OR CR LU L LL m� J N SW of 3353 Marnie Avenue W E Preliminary Plat Request S. Fusion Investments, LLC 1,000 500 0 1,000 � � Fee[ Page 198 of 243 LU LU w cn O LU w w z w � Q z > z z m w w J w LU w CL- LU U ac z > D LU o cD z r z z 0 m w w Q r ZD wU LL w w = w U w Z Z Z � � w w = oC w J O Q Q w 0 UJ � UD LL co U LL I X I LU >>I o C I � I X El I X ZI W j �M o C� X W J CITY OF WATERLOOv IOWA ENGINEERING DEPARTMENT 71511 ulberry St. Waterloo, 1A 50703 &Phone (319)291-43,12 Fax(319)291-4262 City Fmoitwer a ernail: August 21, 2018 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, 1A 50703 RE: PRELIMINARY PLAT CEDAR VALLEY CROSSING Dear Aric.- This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, C,.... ..... Denni J. Genu, P.E. Assistant City Engineer WE'RE WORIUM FOR YOU! Page 201 of 243 An Equal Opportunity/Affinnative Action Employer CEDAR VALLEY CROSSING LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 61 TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH 89 DEGREES 43 MINUTES 37 SECONDS EAST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET(649.59 FEET)TO THE OLD NORTH-SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING;THENCE NORTH 89 DEGREES 44 MINUTES 26 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST)ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63;THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST(NORTH 35 DEGREES 43 MINUTES EAST)ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74;THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST(NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST)ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET(410.00 FEET)TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST(SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET(211.70 FEET)TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST(NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5,A DISTANCE OF 535.22 FEET(535.23 FEET)TO THE SOUTHERNMOST CORNER OF SAID LOT 5;THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST(SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL"C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST(NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL"C, 200.01 FEET(200.00 FEET)TO THE NORTHWEST CORNER OF SAID PARCEL"C";THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST(NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST)ALONG THE WEST LINE OF SAID PARCEL,409.92 FEET(410.00 FEET)TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 43 MINUTES 37 SECONDS WEST(SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST),A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) Page 202 of 243 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Fusion Investments, LLC - Address: 13557 Sharwood Court _ ww _. ~.._..Phone: C3-542:,77(�17_._....................._.... m.�......____., City: Dyersville State: Iowa Zip: 52040 ._....._ b. Status of Applicant: (a) Owner (b)Other X (CHECK ONE): If other explain:.-,--,, Developer.w.........._..._..._.....__ww_w...._ ....,....M�...._.M_.................................._..._.....................______.._............_....._._._.._....v.w..._------ � w w_Potentia . ..e c. Property Owner's Name if different than above(please print): _,,,.....S.outh Waterloo_neveloPnnent,,.1.,,IAC_...._ ..............._ ._..-..,...,.................... ..._..w�w.�w.w.w.w.w.w_w.wm,...M. _ ._......�.�.�..........._........w.w._ 75-0 d'e-_ -��i Address:...._ s...South Hackett __.. ._._....._.. ................................................Phone: __ -----—_..._.__wv.w._,.,.w,.,�....IT....._ City: Waterloo State: Iowa,,,,,--... w„w Zip: 5070M1 2. PROPERTY INFORMATION: a. Name of Pat. Ced ar Va11ey..Crossijjg ._......w________...w.w..............m_ _...._....._w...w.w..w.w............... _,....__...w._ b. General Location of Property:,_South erjv Extension of Marine Avenue c. Area of Proposed Plat:1-2-&18 Acres d. Zoning District(s��... .-.�............. .. . -. .,._„,,.M....M ... _ ..,...............................................�.�.-........ 1 ......... ___._..__ww.m..................w._...w.. .M._.._.M.M_ 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication(preferred but not required) b. Overall Street Plan (if applicable) c. Six(6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four(4)copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes b. If yes specify why and for what for? _WHY:.To bring gbh5 irk_tltcw-(°i c),LW 1;terloov mmm_ mM WHAT For Cit y Streets and Public Utilities. _ _w www w_ _._..w _....-.. __......... �.. w.. c. Costs(estimated): Total Cost Estimate l�etl e5tccl.� tt hate Storm Sewer $_,. � _ ,._..., $,M.t3.ocoo w_....._ Sanitary Sewer $_ + S� mOob e �........................_ Paving Land Dedicated $..325„m . $..3 �rJ_.-........ TOTAL $..-�-........�,_,�.__.... � .._.___.,_.., _. The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in inakii , their decision. The undersigned authorize City Zoning Officials to enter the property in question in re s to the req est. —..,. _.. . �..... —_ _.a. __.........M _.. __..... Signa arc of Applicant Im.)a. Signatur er Date Page 203 of 243 CITY OF WATERLOO Council Communication Resolution approving a Revitalize Iowa's Sound Economy(RISE) application for local development with a total project cost of$520,365, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application providing financial assurances in conjunction with same, accepting responsibility for improvements to University Avenue access improvements to the former Weissman Steel site, and authorize the Mayor and City Clerk to execute any necessary documents. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date PpnununiuIgg& zounprIg Selluroederr, Anic Approved /22/201pp ... 11.01 A.M C]erp< (Mice Eveni, L-eA.mApproved 8/22/201 ... 12-09 PM ATTACHMENTS: Description Type RI S Ap1pfic,u ionn Backup 1"✓ateriall Developn ien:nt A ea D. sppay 13acp<uupu Materiall Cost Es inniate, 13un<;p<nup) MaurCdall lypiu:uup Cross ` ec ionic p::puncku r 1" unra:dall Resolution approving a Revitalize Iowa's Sound Economy(RISE) application for local development with a total project cost of 5520,365} designating the Mayor as the official representative of the City, authorizing SUBJECT: the Mayor to affix his signature to said application providing fmancial assurances in conjunction with same; accepting responsibility for improvements to University Avenue access improvements to the former Weissman Steel site, and authorize the Mayor and City Clerk to execute any necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the application for RISE funds with the Iowa Department of Transportation. Revitalize Iowa's Sound Economy(RISE)program was put into place by the IDOT in 1985. It was established to promote Economic Development throughout the state by allowing assistance for transportation development. The City of Waterloo has utilized the RISE program in many projects such has the Midport Boulevard extension and Fitzway& Galactic Drive Extensions. The City of Waterloo is applying to utilize RISE funds in conjunction with Summary Statement: the University Avenue reconstruction project. The funds will be used for the Page 204 of 243 site commonly known as the Weissman Steel Site near the corner of Hwy 63 and University Avenue. The site is currently utilized as a log disposal site but that will soon be relocated to the current yard waste site near the Northeast Industrial park. The grant would allow for the city to construct turning lanes and a median cut on University Avenue to allow for access to the site. The site is approximately 6 acres in size and would allow for additional development opportunities near downtown. Expenditure Required: There is a 50 percent local match for the grant. Source of Funds: Bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: NA POWER HOUSE ADDITION ALL BLK 1 PART BLK 3 POWER HOUSE ADDITION OAK LAWN SUB EXC RELOCATED FALLS AVE VAC TRANSIT ST AND PART OF LOT 45 AUDITOR RAINBOW'S WEST SIDE PLAT DESC AS FOL: BEG AT THE INTER OF SLY LINE FALLS AVE AND NWLY LINE CGW RR CO ROW (NOW CNW RR) TH SWLY ALONG NWLY ROW TO NLY LINE US HWY 218 AS EST BY DEEDS B 115 P 487 B 491 P 449 & B Legal Descriptions: 491 P 487 TH N 90 DEG 00 MIN 00 SEC W(ASSUMED) TO A PT THAT IS 601.68 FT W OF W LINE VAC RAFFERTY ST EXT TH N 11 DEG 54 MIN 38 SEC W A DIST OF 355.70 FT TH S 77 DEG 00 MIN 48 SEC E A DIST OF 180.41 FT TH N 88 DEG 14 MIN 25 SEC E ADIST OF 168.75 FT TO NW COR LOT 2 BLK I POWER HOUSE ADDN TH ELY ALONG SLY LINE OF RELOCATED FALLS AVE TO PT OF BEG EXC THAT PART DEEDED TO STATE OF IOWA AND DESC IN CLD B 611 P 38 Page 205 of 243 Please wait... 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Page 206 of 243 c is y � � P Ja s r � i r a i s � H� fi r. r T I I i I ' r I I ' X11 I University Avenue Reconstruction Project Old Weismann Site Rise Grant Cost Estimate August 21, 2018 Specification Bid Item 2010- 1.08.6 Clearing and Grubbing Ac 2010- 1.08.D.1 On-site Topsoil,Strip, Salvage & Respread Cti 2010- 1.08.E.1 Class 10 Cti 2010- 1.08.G Subgrade Preparation SY 2010- 1.08.1-1 Subgrade Treatment, Geogrid,Type 2 SY 2010- 1.08.1 Subbase, Modified, 12" Cti 6010- 1.08.6 Intake, SW-509 E� 7010- 1.08.A PCC Pavement, C-SUD, Class 3 Durability, 10" SY 7030- 1.08.1-1.1 Driveways, PCC, 7" SY 7030- 1.08.1-1.2 Driveways, Granular Surfacing, 6" SY 8020- 1.08.13 Painted Pavement Markings, Solvent/Waterborne S7 8020- 1.08.G Painted Symbols and Legends E� 9010- 1.08.13 Seeding, Fertilizing, and Mulching for Hydraulic Seeding Ac 9040- 1.08.E.1 Temporary Rolled Erosion Control Products (RECP),Type II SY 9040- 1.08.F.1 Wattles Installation,Wood Excelsior, 12" LF 9040- 1.08.N.1 Silt Fence or Silt Fence Ditch Check Installation LF 9040- 1.08.N.2 Maintenance of Silt Fence or Silt Fence Ditch Check LF 9040- 1.08.N.3 Removal of Silt Fence or Silt Fence Ditch Check LF 9040- 1.08.Q.2 Temporary Hydro-Seeding Type 4 Ac IDOT Spec Street Lighting (Intersection Lighting) E� m o, N Ln O l9 N Z _O F- u U w ; o N Q o 03 ' 0 U U -- a Q V ... coII O u NLU N Oil I o oz � o V I „ W � QQ cwn .. .I N d w I in I NW Ow' U r li U I UQ Y ! I J I Q U Z CL Q L CL LL 0w CL0 ID i 0 M O j m � rn � t9 � O � ee � rl � u U O O m m co m O N N M \ O N � CITY OF WATERLOO Council Communication Resolution approving a Revitalize Iowa's Sound Economy(RISE)Immediate Opportunity application for local development, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to Mamie Avenue at a total project cost of$630,395, and authorize the Mayor and City Clerk to execute any necessary documents. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date Ppuuu thin Ig& zounprIg Selluroederr, Aric Approved ved /22/ ,ipppp ... 1 1-p 0 A.M C]erp< (Mice Eveni, L-eA.mApproved 8/22/2018 ... 12-09 PM ATTACHMENTS: Description Type RIS Aplpfic ufionu )fiuncp<up:r 1"✓ateriall Resolution approving a Revitalize Iowa's Sound Economy(RISE) Immediate Opportunity application for local development; designating the Mayor as the official representative of the City, authorizing the Mayor to SUBJECT: affix his signature to said application, roviding financial assurances in conjunction with same; accepting responsibility for improvements to Mamie Avenue at a total project cost of$630,395, and authorize the Mayor and City Cleric to execute any necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the application for RISE Immediate Opportunity funds with the Iowa Department of Transportation. Revitalize Iowa's Sound Economy(RISE)program was put into place by the IDOT in 1985. It was established to promote Economic Development throughout the state by allowing assistance for transportation development. The City of Waterloo has utilized the RISE program in many projects such has the Midport Boulevard extension and Fitzway& Galactic Drive Extens ions. Summary Statement: The City of Waterloo is applying for immediate opportunity RISE funds from the IDOT to assist with a project to extend Mamie Avenue near the intersection of Hwy 63 and Hwy 20. Development on the 30 acre site is set to begin this fall with the extension of Mamie Avenue to allow for access to lots. This is an immediate opportunity application therefore there is a 20% match by local government for the project. Page 210 of 243 Expenditure Required: $126,079.00 (20% match) Source of Funds: Bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: NA PART OF NE FRAC 1/4 AND PART OF THE N 1/2 SE 1/4 SEC 6 T 88 R 13 COM AT THE NE COR OF THE SE 1/4 OF THE SE 1/4 OF SAID SEC TH W ALONG THE S LINE OF THE N 1/2 OF THE SE 1/4 A DIST OF 649.59' WHICH IS THE PT OF BEG TH W ALONG THE S LINE OF THE N 1/2 OF THE SE 1/4 OF SAID SEC A DIST OF 1052.14' TO APT 119' PERPENDICULAR DIST FROM CENTERLINE OF HIGHWAY 63 TH N 35 DEG 43 MIN E ALONG THE SELY R.O.W. LINE OF HIGHWAY 63 A DIST OF 1749.83' TO A PT 119' PERPENDICULAR DIST RIGHT FROM CENTERLINE HIGHWAY 63 TH S A DIST OF 1419.57 TO THE PT OF BEG EXC THAT PART OF THE ABOVE DESC PLATTED AS SOUTH WATERLOO COMMERCIAL PARK BK Z PLAT PG 075 Also PART E 1/2 SEC 6 AND SW QTR SEC 5 ALL IN T 88 R 13 DESC AS Legal Descriptions: FOL:BEG AT SE COR NE SE SAID SEC 6 TH W 649.59 FT ALONG S LINE SAID NE SE TH N 1419.57 FT M/L TO SELY ROW LINE US HWY 63 TH N 35 DEG 43 MIN 00 SEC E ALONG SAID ROW LINE 391.73 FT TH E 454.37 FT TO E LINE NE QTR SAID SEC 6 TH S 417.86 FT TO NE COR SE QTR SAID SEC 6 TH S 1130.49 FT ALONG E LINE SE QTR SAID SEC 6 TO PROPERTY AGREEMENT LINE WHICH IS RECORDED IN BK 268 MISC P 134 TH E ALONG SAID AGREEMENT LINE TO NWLY ROW LINE W FOURTH ST TH SWLY 231.58 FT ALONG SAID ROW LINE TO E LINE SAID SE QTR TH S 38.23 FT TO PT OF BEG EXC THAT PART OF THE ABOVE DESC PLATTED AS SOUTH WATERLOO COMMERCIAL PARK BK Z PLAT PG 075 EXC PARCEL C IN SURVEY 2012 017524 DESC AS FOL BEG SE COR NE TH S 89 DEG 24 MIN 43 SEC W 200 FT TH N 410 FT TH N 89 DEG 25 MIN 08 SEC E 200 FT TH S 217.47 FT TH N 89 DEG 40 MIN 11 SEC 172.73 FT TH S 47 DEG 53 MIN 24 SEC W 231.43 FT TH S 38.32 FT TO PT OF BEG Page 211 of 243 Please wait... If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document. You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux®by visiting http://www.adobe.coin/go/reader—download. For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries.Mac is a trademark of Apple Inc.,registered in the United States and other countries.Linux is the registered trademark of Linus Torvalds in the U.S.and other countries. Page 212 of 243 CITY OF WATERLOO Council Communication Resolution of consent to allow the conveyance of property subject to a development agreement from Black Hawk Contracting to a neighboring property owner, located at 324 Madison Street, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zona iig Selirroederr, uric Approved 8/22/2018 ... 11; 2 AM i."clerk Office Eveni, 1-eAn:: Approved 8/22/2018 ... 12-.09 PM ATTACHMENTS: Description Type 12eS()1u11ti0f1 of Concent Ba:ckuarpb MateirU Resolution of consent to allow the conveyance of property subject to SUBJECT: a development agreement from Black Hawk Contracting to a neighboring property owner; located at 324 Madison Street, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval of a Resolution allowing Black Hawk Contracting to deed 10 feet of property to the property owner located at 324 Madison Street. The Recommended Action: property in question is currently included with a development agreement between the city of Waterloo and Black Hawk Contracting. The sale of 10 feet will still allow all terms of the development agreement to be successfully fulfilled. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development Alternative: N/A The property in question was included with a development agreement Background Information: between the City of Waterloo and Black Hawk Contracting to allow for the development of residence at the former Francois Grout school site. HILLSIDE ADDITION TRACT 7 A REPLAT OF THE W 5 FT OF LOT 4 BLK 6 Page 213 of 243 Legal Descriptions: Also a portion of HILLSIDE ADDITION TRACT 7 A REPLAT OF THE W 5 FT OF LOT 4 BLK 6 Page 214 of 243 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 RESOLUTION NO. RESOLUTION OF CONSENT TO CONVEYANCE OF PROPERTY SUBJECT TO A DEVELOPMENT AGREEMENT. WHEREAS, the City of Waterloo (the"City') and Black Hawk Contracting and Development Co. ("Developer") are parties to a certain Development Agreement (the"DA") dated April 8, 2013 and filed April 12, 2013 as Doc. No. 2013-21205,providing for the development of certain land described therein for residential purposes; and WHEREAS, Section 10 of the DA sets forth a limitation on Developer's ability to convey title to the property before completion of a project the City of Waterloo (the "City"); and WHEREAS, Developer has previously completed a residential housing project on property located at 324 Madison Street, Waterloo, immediately adjacent to project property, and the current owner of 324 Madison Street desires to acquire an additional ten (10) feet of the land that is subject to the DA, and Developer desires to sell and convey the additional land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The City of Waterloo does hereby consent to Developer's sale and conveyance of the real estate described below to Ras Smith and Amelia Welsh, current owners of property at 324 Madison Street, which abuts the following real estate: The West 5.00 feet of Lot 4 of Block 6, also described as Tract 7, a replat of the West 5.00 feet of Lot 4 of Block 6, all in Hillside Addition, City of Waterloo, Iowa; and The East 5.00 feet of the West 10.00 feet of Lot 4 of Block 6, also described as the East 5.00 feet of Tract 6, a replat of the West 15.00 feet of Lot 3, and Lot 4 except the West 5.00 feet, of Block 6, all in Hillside Addition, City of Waterloo, Iowa. Page 215 of 243 PASSED AND ADOPTED this day of , 2018. Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk CERTIFICATE 1, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. ,as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2018. Witness my hand and seal of office this day of , 2018. [SEAL] Kelley Felchle, City Clerk 2 Page 216 of 243 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement between AECOM Technical Services, Inc. for floodplain analysis within the City owned Wagner Road subdivision, in the amount of$12,500, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date Plwi npn g& Zoniig Selirroederr, uric Approved 8/22/2018 ... 11-p 3 A i."perk Office Eveni, 1-e nn:: Approved ved 8/2/ ,pp18 12-.07 PM ATTACHMENTS: Description Type Resolution approving a Professional Services Agreement between AECOM SUBJECT: Technical Services; Inc. for floodplain analysis within the City owned Wagner Road subdivision; in the amount of 512.500, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Arie Schroeder. City Planner Recommended Action: Approval The city of Waterloo recently acquired and subdivided 14 acres for development purposes. As a part of the development of the site floodplain Summary Statement: issues were addressed and the city will need to have survey work to determine new floodplain boundaries for the area. AECOM will be able to perform the survey work and submit necessary documents to FEMA for evaluation. Expenditure Required: $12,500.00 Source of Funds: Midport TIF Policy Issue: Economic Development. Strategic Plan goals 1, 3 and 4. Background Information: Legal Descriptions: Wagner Road Subdivision lots 1-6 Page 217 of 243 AECOM 319-232-6531tel 501 Sycamore Street 319-232-0271 fax �Ucom Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA WAGNER ROAD SUBDIVISION LOMR-F DEVELOPMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 218 of 243 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000)each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non-owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000)each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 219 of 243 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not-to-exceed fee of Twelve Thousand Five Hundred Dollars ($12,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case,ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 220 of 243 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 221 of 243 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 222 of 243 AECOM Page 6 the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: June 5, 2018 Page 223 of 243 AECOM CITY OF WATERLOO, IOWA WAGNER ROAD SUBDIVISION LOMR-F DEVELOPMENT EXHIBIT A A. Project Description The project consists of reviewing the current effective Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for Black Hawk County, specifically Stream No. 36, and comparing them to the Wagner Road subdivision lot grading plan and final plat. The subdivision design included raising a portion of Lots 1-6, which are currently located in the Special Flood Hazard Area (SFHA) above the Base Flood Elevation (BFE). The elevated portion of each lot is the basis of the LOMR-F development and submittal. Given that only a portion of each lot was set at an elevation above the BFE, a metes and bounds description and map of the area to be removed, certified by a licensed land surveyor or professional engineer, will be created and included with the LOMR-F submittal. Field survey locating the property corners and grading limits of each portion of lot to be removed from the SFHA will be required to aid in development of the metes and bounds description. A copy of the subdivision plat map or property deed (with recordation data and stamp of the Recorder's Office) will be provided by the City of Waterloo to be included with the LOMR-F submittal. It is anticipated no hydraulic or hydrologic modeling will be required as part of the LOMR-F submittal. The estimated LOMR-F fee for multiple lots is $800.00 and will be paid for by the City of Waterloo separate from this agreement. B. Scope of Services The Scope of Services provided under this agreement will encompass and include work, services, materials, equipment, personnel and supplies necessary to develop and submit a LOMR-F application package to FEMA for review. The Scope of Services is further defined as follows: Task 1 - Survey Data Collection and Base Mapping Development Task 2- Develop Metes and Bounds Descriptions for Lots 1-6 Shown on the Final Plat Task 3- Prepare LOMR-F Documents and Submit to FEMA for Review Task 4- Project Administration O:\Administration\AGREE\PROF\Wat Wagner Rd Subdivision LOMR-F Dev.doc Page 224 of 243 CITY OF WATERLOO Council Communication Amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet. City Council Meeting: 8/27/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date P imna ng& Zonr img Evemi, l..eAnia Approved 8/15/2018 ... 11,37 AM ATTACHMENTS: Description Type Zoriirgl Oraliraarncc 1proposed Nnieirra:lrnent 7 1 18 Backup Ma te6a Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, to expand the Alcohol Sales Use Overlay District and change the SUBJECT: requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet. Motion to suspend the rules. Motion to consider and pass for third time and adopt said Ordinance. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval of the amendment. Staff is proposing changes to the City of Waterloo Zoning Ordinance No. 5079 including an expansion of the Alcohol Sales Use Overlay District in the Church Row Neighborhood, and changing the retail area requirement for the exemption of a grocery store from 10,000 square feet to 15,000 square feet. Summary Statement: A copy of the proposed changes, showing strike through of wording proposed to be removed and underline for wording proposed to be added is attached. The Planning, Programming and Zoning Commission held a hearing on July 10, 2018 and recommended approval of the proposed amendment on a 4-1 vote. Expenditure Required: none Source of Funds: n/a Policy Issue: Zoning Legal Descriptions: n/a Page 225 of 243 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street - Waterloo,IA 50703 • (319)291-4366 Fax(319)291-4262 • • 1 d (J To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner; '1 11 Date: 07/09/18 RE: Proposed Zoning Ordinance Amendment: Expansion of the Alcohol Sales Use Overlay Districts and change of the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet. Staff is proposing changes to the City of Waterloo Zoning Ordinance No. 5079. The following is a list of the proposed in the order that they appear in the Ordinance, along with a brief summary of the proposed changes. A complete copy of the proposed changes, j showing strike through of wording proposed to be removed and underline for wording l proposed to be added is also attached. The Planning,Programming and Zoning Commission is being asked to hold a hearing on the changes at their July 10, 2018 meeting and make a recommendation to the City Council. - Section 10-14-1(A)(4)(c): This section of the Ordinance places restrictions on signage for alcohol sales uses, but provides an exception for grocery stores in which the retail floor space in the building equals or exceeds 10,000 square feet. This amendment will increase the square footage requirement from 10,000 to 15,000. j - Section 10-24A-1(D): This section of the Ordinance provides use restrictions for alcohol sales uses in an Alcohol Sales Use Overlay District, but provides an exception for grocery stores in which the retail floor space in the building equals or exceeds 10,000 square feet. This amendment will increase the square footage requirement from 10,000 to 15,000. f - Section 10-24A-I(Attachment"A"): This section of the Ordinance provides the legal description for the areas that designated as in an Alcohol Sales Use Overlay District. This amendment will update the legal description for the "Church Row Neighborhood Overlay District"to expand the area included in the overlay district. The expanded area includes property south of Williston Avenue, north of Carolina Avenue, east of Ir,.imball Avenue, and west of Vermont Street. t i - Section 10-26-1(C)(2)(c): This section of the Ordinance places restrictions on signage for alcohol sales uses, but provides an exception for grocery stores in which the retail floor space in the building equals or exceeds 10,000 square feet. This amendment will j increase the square footage requirement from 10,000 to 15,000. t Please let Planning staff now if you have any questions or need any additional information regarding the proposed amendments. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 226 of 243 I CHAPTER 14 "C-1"NEIBORHOOD COMMERCIAL DISTRICT 10-14-2 BULK REGULATIONS. that made use of such a window 5. Business or professional office and or system before adoption of Or- similar uses not included in the above t dinance 4976 on 11/23/2009 shall list supplying commodities or per- cease and desist from use of such a forming services primarily for resi- window or system, and shall dents of the neighborhood subject to comply with the requirements of the administrative review and ap- this paragraph, no later than De- proval of the Planning staff. If staff cember 31,2012. determines that the proposed use is b. For the establishment of new alco not similar in nature, it shall be con- hol sales use locations, fencing or sidered a proposed use not covered by title, as regulated in 10-5-1(R). other approved screening shall be constructed along the property 6. Specifically excluded as principal line with any abutting protected permitted uses under this subsection use, unless determined by the City are delayed deposit service uses, Planner or designee to be infeasi- pawnbroker uses, and freestanding ble. [Ordinance 4976, 11/23/09] commercial parking lots. [Ordinance C. Except as set forth below, no es- 5288, 06/15/15] tablishment that is a limited alco- B. Accessory Uses: hol sales use (off-premise con- 1. The following accessory uses are per- sumption) shall exhibit on the ex- mitted in a "C-1" District. terior of the premises any image or verbiage that makes use of the a. Accessory uses permitted in the words "alcohol," "beer," "wine," "R-4" District "liquor," or any variant or syno- b. Storage of merchandise incidental nym of any such word, or any to the principal use may be stored type of such beverage, or that in- in the principal building on the lot dicates or suggests that such bev- in question, but not to exceed forty erages may be purchased in or (40) percent of the floor area for upon the premises, except that said principal building. banner, portable and temporary signs shall be allowed if conform- ing to the requirements of Section No building shall exceed three (3) stories 10-26-1(C) and if not in violation or forty-five (45) feet in height at the required of Iowa Code § 123.51. Notwith- front, side and rear yard lines, except two (2) standing anything in Section 10-5- feet may be added to the height permitted at 1(B) to the contrary, any existing said yard lines for each one (1) foot that the business that does not conform to building or portion thereof is set back from the foregoing requirements shall the required yard lines and except as further: conform no later than March 31, provided in Section 10-27-1. [Ordinance 4709, 2013. Standards for banner, port- 8/9/04] able, and temporary signs shall be effective immediately. The limita- 10-14-2 BULK REGULATIONS. tions of this paragraph shall not [Ordinance 3192, 2/22/82] apply to a grocery store in which [Ordinance 4592, 1/6/03] the retail floor space in the build- ing equals or exceeds 1 kl-, I5,000 The following minimum requirements square feet, or to a pharmacy. shall be observed subject to the modified re- quirements contained in Section 10-27-1: 61 Page 227 of 243 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-24A-1 GENERAL REGULATIONS. non-conforming structure between the B. Purpose and Intent. existing building line and the required The purpose and intent of this Chapter is set back line otherwise required in the to establish Alcohol Sales Use Overlay Dis- underlying Zoning District shall be al- tricts to avoid undue concentration of certain lowed only upon approval of a Vari- alcohol uses in designated areas already ance by the Board of Adjustment. populated by significant numbers of alcohol 3. For properties which are located in sales uses, to mitigate the secondary effects of "C-1" and less restrictive zones and certain alcohol sales uses, to preserve and are affected by these setback require- protect neighborhoods from deterioration ments, the required rear yard setback and loss of property value due to iricompati- shall be reduced by one (1) foot for ble uses, and otherwise to promote the gen- each foot the front yard setback is in- eral purposes of the zoning ordinance. creased beyond that which is required The provisions of this Chapter shall apply in the underlying zone; provided the property does not adjoin a residential in addition to any other zoning district regu- zone. In no case shall the rear yard be lations and requirements in which the land may be classified. In the case of conflict, the reduced to less than ten(10) feet. most restrictive provisions shall govern, ex- J. Use Restrictions. cept as otherwise expressly provided in this Chapter. No new junk yards, salvage yards, recy- cling yards, or construction storage yards C. Administrative Regulations. shall be allowed in the "H-C" Highway 20 The provisions of this Chapter shall con- Corridor Overlay district. Expansion of said stitute the requirements for all zones that lie uses shall be allowed only through the ap- proval of the Board of Adjustment process to within the boundaries of any of the Alcohol Sales Use Overlay Districts. expand a legal non-conforming use. D. Use Restrictions. No new alcohol sales uses shall be estab- CHAPTER 24A lished in an Alcohol Sales Use Overlay Dis- ALCOHOL SALES USE trict, other than (1) incidental alcohol sales uses, (2) a limited alcohol sales use (on- OVERLAY DISTRICTS premise consumption) that is a restaurant, or (3) a limited alcohol sales use (off-premises consumption) that is (a) a grocery store in 10-24A-1 GENERAL REGULATIONS. which the retail floor space in the building equals or exceeds 44,"._15,00(l square feet or A. Boundaries. (b) a pharmacy. Expansion of alcohol sales The Alcohol Sales Use Overlay Districts uses other than those specifically identified are four districts, the boundaries of which are above in this paragraph shall be allowed only shown on the official zoning map and legally through approval by the Board of Adjust- described in Attachment "A" to this Section. merit process to expand a legal non- Such districts are referred to as the Broadway conforming use. Avenue district, Logan Avenue district, E. 4th ATTACHMENT "A" Street district, and Church Row Neighbor- Broadway Avenue Overlay District hood district. Beginning at the intersection of the center- lines of W. Parker Street and Fairview Ave- 117 Page 228 of 243 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-25-1 OFF-STREET LOADING SPACES REQUIRED, Fourth Street to its intersection with the cen- terline of Bayard Street; thence South along terline of Walnut Street; thence Southeasterly the centerline of Bayard Street to its intersec- along the centerline of Walnut Street to its tion with the centerline of Williston Avenue; intersection with the centerline of the Union thence West along the centerline of Williston Pacific Railroad; thence Southwesterly along Avenue to its intersection with the centerline the centerline of the Union Pacific Railroad to of Kimball Avenue; thence North along the its intersection with the centerline of Franklin centerline of Kimball Avenue to its intersec- Street; thence Northwesterly along the center- tion with the centerline of Reber Avenue; line of Franklin Street to its intersection with thence East along the centerline of Reber Av- the centerline of E. Second Street and the enue to its intersection with the centerline of point of beginning. Sullivan Avenue; thence North along the cen- Church Row Neighborhood Overlay District terline of Sullivan Avenue to its intersection with the centerline of W. Second Street; Beginning at the intersection of the center- thence Northeasterly along the centerline of lines of South Street and W. Mullan Avenue; W. Second Street to its intersection with the thence Northeasterly along the centerline of centerline of South Street; thence Northwest- South Street to its intersection with the cen- erly along the centerline of South Street to its terline of Washington Street; thence South- intersection with the centerline of W. Mullan easterly along the centerline of Washington Avenue and the point of beginning. And al- Street to its intersection with the centerline of so�beii�inin, at the intersection of the center- W. Sixth Street; thence Southwesterly along lines of Williston Avenue and Kimball Ave- the centerline of W. Sixth Street to its intersec- nue; thence Southerly alom_r the centerline of tion with the centerline of Randolph Street; Kimball Avenue to its intersection with the thence Southwesterly in a straight line to the centerline, of Carolina Avenue thence Easter intersection of the centerlines of W. Sixth 1v along the centerline of Carolina Avenue to Street and Wellington Street; thence continu- its intersection with the centerline of Vermont ing Southwesterly along the centerline of W. Street; thence Northerlv alom-Y the centerline Sixth Street to its first intersection with Grant of Vermont Street to its intersection with the Avenue; thence continuing Southwesterly centerline of WillistonAvenue; thence West- along the centerline of W. Sixth Street to its er1v aloe the centerline of Williston Avenue second intersection with Grant Avenue; to its intersection with the centerline of Kim- thence Northwesterly along the centerline of ball Avenue and the Point qLpe$ronin. . Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along CHAPTER 25 the centerline of Allen Street to its intersec- VEHICULAR USE, PARKING tion with the centerline of W. Fifth Street; AND LOADING AREAS, thence Southwesterly along the centerline of PUBLIC GARAGES, PARKING W. Fifth Street to its intersection with the cen- terline of Baltimore Street; thence Southeast- LOTS AND FILLING erly and Southerly along the centerline of Bal- STATIONS. timore Street to its intersection with the cen- terline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersec- 10-25-1 OFF—STREET LOADING SPACES tion with the centerline of W. Fifth Street; REQUIRED. thence Southwesterly along the centerline of W. Fifth Street to its intersection with the cen- (Ordinance 4634, 8111103] 119 Page 229 of 243 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS. c. With respect to the premises of 300 square feet for unique site charac- any establishment that is a limited teristics including, but not limited to, alcohol sales use (off-premise con- setbacks, surrounding land uses and sumption), except as set forth be- structures, spaciousness and visibility. low, any sign that includes any Such a request over the 300 square image or verbiage that makes use foot limit must follow the procedure of the words "alcohol," "beer," by applying for a Special Permit from //wine," "liquor," or any variant or the Board of Adjustment. In no case synonym of any such word, or any shall the Board of Adjustment grant a type of such beverage, or that in- Special Permit that exceeds 672 sq. ft., dicates or suggests that such bev- and an embellishment, trim and skirt- erages may be purchased in or ing area not to exceed an additional upon the premises, except that 150 sq. ft. The maximum allowable banner, portable and temporary height as measured from natural signs shall be allowed if conform- grade at the base of the sign to the top ing to the requirements of Section of the structure is 48 feet with the 10-26-1(C)(4)0) and if not in viola- minimum height being 10 feet from tion of Iowa Code § 123.51. The natural grade at the base of the sign to limitations of this paragraph shall the bottom of the structure. The struc- not apply to establishments locat- tures shall be a monopole steel design, ed in the "C-3" Commercial Dis- with the paint and sign material main- trict, to any grocery store in which tained in a new condition. All bill- the retail floor space in the build- board sign structures, including the ing equals or exceeds 44WQ015 000 outermost edge of the sign panel, square feet, or to a pharmacy. must be setback from the immediate 3. Off-Premise Advertising Signs and abutting street right-of-way line or Billboards: property line equal to the setback of the underlying Zoning District. Bill- Off-Premise Advertising is a tradi- board structures shall not be permit- tional and legitimate advertising me- ted within 1000 feet of another bill- dium involving the lawful use of pri- board structure measured in either di- vate property. The term Off-Premise rection along both sides of the street Advertising Signs and Billboards shall which adjoins the billboard structure, be considered synonymous. [Ordi- measured from the base of structure nonce 5395, 04110117] to the base of structure in a straight Off-Premise Advertising should be line regardless of grade. Furthermore, regulated to provide for safe struc- no billboard structure shall be permit- tures to be properly located so as to ted closer than 200 feet from a resi- meet uniform standards for construc- dential Zoning District or from the tion and maintenance and to be main- property boundaries of any property tained to conform to a neat and pleas- which has a principal residential use ant community appearance. located thereon, nor closer than 200 feet from the property boundaries of a In all districts where permitted (C-2, public park, church, school cemetery, C-3, M-1, and M-2, excluding corridor hospital, the property boundaries of overlay districts),billboards shall have any historic district established by a prime message area not to exceed state law or local ordinance, or the 300 square feet. Billboards may exceed property boundaries of any structure 134 Page 230 of 243 Church Row Neighboorhood Overlay District A-1 aL LECAND AVE � 218 5� �ls� A=1 63U,j� 63 { '.�iL.ILI_l.Q 218 S�� C-3 � 63 63 RANDALL-ST R-2 W-WELLINGTON S -71 T (�Y tics 5s �� S1' 218 5t X R_3,C_Z `.., 218 4 s R.3_ELMWOODST cP� � cS�j �� �p (`�' 2u 218 J G PEORIA'ST SHERWOOD U1, SUMMIT AVE('�SI�UIMIMIIT A(VE, W"22NND s W REBER'AVE REBERAVE =3 v� �� �� �/ ) �. =R-r�� . AVE PLEASANT ST �� T R.4 `fi9 q C 1 co > �. � z o � w R-1,R-P �x� R-2,C-�w� BERTCHAVE_C) c A R V cn, Proposed Church Row Neighborhood 0���z,-1 TTT"� D � w Alcohol Sales Overal District Expansion �'�T��-�-�,�-f-��I I I�� � � W F R T V ¢ FOREST AVE�`sI � FIOIRESI TI Al IVEI", 111 C, U p�� W � I I III I I I I FFUM rF"�-_1.1�111 I I I I W I I I I I ®HAWT HORNE AVE W HAWI ITHI IO IR IN IE IAVI EI�I HI A� IWTHORNE HORNEAI VIEI�I IZ O r — � (LL�I l�_L�L L�J� L LJ L LJ lJ L l 7 1 1 LJ L LLJ J L L� iTU 0�I �_J__L_L_L1J � � TMTMM U R-1 BYRON AVE BYRON AVE BYRON AVE R N . = R=1,R=P r<- ;K-P 1L11LW11 MT _� I- �_ C� EUREKA SGLENNYAVE T , AL E � �� y FREDERIC W - - W s ti LIBERTYAVE ,-�, �� CAROLINA" R-2-C_Z' HOLM.ST �' � N CITY OF WATERLOO Council Communication Motion to accept and place on file the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2012A, Series 2012B and Series 2013A bonds. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date Fima)ce %,n&err, 1''vt'nchede Approved 8/21/2,018 ... 4-tl8PM (Ierrk Office p verrm, L_eA m:) Approved 8/22/2018 ... 12.07 PM ATTACHMENTS: Description Type Auir4 augur Results 012 201213 209 A. Issues Coven Memo B reyis 'Fate .rrN raj.;e, Resi.jlts (I.oveu: l.,etter Auirg;201.8 Memo Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: The report indicates that no arbitrage rebate or penalty is due to the Internal Revenue Service for these issues at this time. Expenditure Required: None. Policy Issue: Arbitrage testing is required in order to maintain the tax-exempt status of the City's bond issues. We received positive information in that the City does not owe any arbitrage rebate or penalty to the Internal Revenue S ervice for these issues. The tax- exempt status of the issues is maintained, therefore protecting the City from potential liability from any bondholders. Internal Revenue Service regulations Background Information: require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax-exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and also once the proceeds are completely spent. Complete copies of the reports from Berens-Tate Consulting Group are available in my office for review. Page 232 of 243 CITY OF WATERLOO , IOWA CITY CLERKFINANCE 715 Mulberry St. ® Waterloo, IA 50703 ® (319)291-4323 Fax(319)291-4571 SUZY SCHARES ® City Clerk MICHELLE WEIDNER,CPA + Chief Financial C)fficer • Mavor QUENTIN HART Council Communication City Council Meeting: August 27, 2018 Prepared: August 21, 2018 COUNCIL MEMBERS Dept. Head Signature: Michelle Weidner """""........ Number of Attachments: 1 TOM POWERS SUBJECT: General Obligation Bonds Arbitrage Testing Results Ward 1 BRUCE Submitted by: Michelle Weidner, Chief Financial Officer JACOBS Ward 2 Recommended City Council Action: I recommend that the City Council accept PATRICK and place on file the arbitrage test results reflecting that no payment is due to the MORRISSEY Internal Revenue Service for the general obligation bonds, series 2012A, 2012B Ward s and 2013A. .IER0ME Summary Statement: The report indicates that no arbitrage rebate or AMOS,JR. penalty Is due to the Internal Revenue Service for an of these issues at this time. Ward 4 p Y Y ROIL Expenditure Required: None WEEPER Wards Source of Funds: N/A TOM Policy Issue: Arbitrage testing is required in order to maintain the LINDge tax-exempt status of the City's bond issues. ar STEVE Alternative: None `iCHMITT ori-Large Background Information: We received positive information in that the City does not owe any arbitrage rebate or penalty to the Internal Revenue Service for these issues. The tax-exempt status of the issues is maintained, therefore protecting the City from potential liability from any bondholders. Internal Revenue Service regulations require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax- exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and also once the proceeds are completely spent. WE'RE WORKING ICOR YOU! An Equal Opportunity/Affirmative Action Employer Page 233 of 243 BEnNS-TATE CONSULTING GROUP SPEC; I'.AI.ICINCI IN 'TAX. EXEmi,i B 0 N D SE'RVIC: I:S, August 10, 2018 Michelle Weidner City of Waterloo 715 Mulberry Street Waterloo,IA 50703 Dear Michelle: Enclosed are the arbitrage rebate reports for the following bond issues: $8,040,000 General Obligation Bonds, Series 2012A $5,450,000 General Obligation Refunding Bonds, Series 2012B The report is through June 30,2018, and shows that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Certificate and no additional gross proceeds arise. $5,835,000 General Obligation Bonds, Series 2013A The report is through May 31,2018,the five year installment date, and shows that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary at this time. We have scheduled the next calculation for the sooner of when the proceeds are spent, or May 31, 2023, the ten-year installment date. Please let me know if there are any questions. Thanks for the opportunity to work with the City of Waterloo! Sincerely, Af ('1'/wa '0 . Awr'"ae'' Chris D. Berens Enclosure 10Ci5111dtac�.Nts C�)[(1+f stjIIE 110 f)XIAHA,Nt,.ftuASKA 68114 � (402) 391-( 188 - FAX (402) 91-9037 - wNXw.11G,rt).� g'�t7:��� 34 Of 243 a CITY OF WATERLOO Council Communication Community Development Board Meeting minutes July 2018. City Council Meeting: 8/27/2018 Prepared: 8/22/2018 REVIEWERS: Department Reviewer Action Date Comryijri4y F)eveloprrnent Mies, Rudy Approved 8/22/2018 10-33 AM Ierk Office f I ng))y, 1" ar�cy Approved 8/22/2018 11 o58 AM ATTACHMENTS: Description Type D ah,fly 20 8 13()ard Mccflrug Minutes Covet Merflo SUBJECT: Community Development Board Meeting minutes July 2018. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 235 of 243 MINUTES COMMUNITY DEVELOPMENT 130ARD MEETING July 17,2018 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, July 17, 2018. Members present: Lisa Munoz, Donald Share,John Chiles, Precious Clark Members absent: Angela Weekley,Jason Verbraken and Maxine Tisdale Also present: Rudy D. Jones, Community Development Director;Angie Fordyce, Community Development Coordinator; Anita Merteld, Administrative Secretary; Matt Chesmore, Senior Rehabilitation Specialist; Felicia Smith-Nails,Neighborhood Services Coordinator; Maggie Howard-Heretakis, Project Specialist; Jerome Amos, City Council A. APPROVAL OF THE AGENDA Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Clark,and seconded by Munoz to approve the Agenda. Motion carried. B.APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON JUNE 19,2018. Chairperson Chiles requested additions or corrections to the minutes for the regular meeting June 19, 2018. There were none. It was moved by Clark,and seconded by Share to approve the minutes of the regular meeting on June 19,2018 as presented. Motion carried. C. OLD BUSINESS 1. Update on Staff The department is at full staff and will be focusing on training in the next 12 months to ensure that the office will be up to date on all the regulatory responsibilities. 2. Lead Grant Award Community Development is working on a number of strategies to add potential clients to our lead grant waiting list. Our future advertising includes another billboard which is set to go up on Franklin Street, National Night Out and Cattle Congress in September. We also will be doing an announcement on KBBG, date yet to be determined. F. NEW BUSINESS 1. Endorse Rehabilitation Contracts for June 2018. It was moved by Clark and seconded by Share to endorse the rehabilitation contracts for June 2018.Motion carried. 2. Neighborhood Services Report Felicia discussed the partnerships that she is establishing and the efforts that Neighborhood Services is implementing in regards to getting names for the lead grant, specifically supplying information cards. F. DISCUSSION ITEMS 1. Annual Education Conference for the National Environmental Health Association &HUD Healthy Homes Conference The opportunity to gain knowledge on how others are working their programs was very beneficial as was the presenters who discussed the importance of building relationships and communication between states and federal agencies. 3. Emergency Ramp Repairs Jones asked for input from board members on what they consider an emergency request for a ramp and/or a temporary ramp for a shorter period of time. Discussed purchasing or rentals of ramps. ADJOURN MEETING. With no further business it was moved by Clark, and seconded by Share to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respe ctfully s matted Board Secretary Page 236 of 243 CITY OF WATERLOO Council Communication Waterloo Leisure Services Commission minutes of July 10, 2018 City Council Meeting: 8/27/2018 Prepared: REVIEWERS: Department Reviewer Action Date 1..,ensure Services Paal Approved 8/G'7/2018 4.06 PM (I ]erk Off-we Everi, I.-eAxir) pproved 8/21/2018 5-42 PM ATTACHMENTS: Description Type D 7/10/20�8 Minutes Backiiip Materap SUBJECT: Waterloo Leisure Services Commission minutes of July 10, 2018 Submitted by: Submitted By: Page 237 of 243 V 0 i ti MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, July 10, 2018 Waterloo Leisure Services 1101 Campbell Avenue Sharon Samec called the meeting to order at 7:31 am. Present: Sharon Samec, Jayden Spencer, Tom Powers, Brenda Durbahn, Bob Bamsey, Waterloo Courier Tim Jamison, Council Liaison Steve Schmitt Staff: Paul Huting, .JB Bolger, Todd Derifield, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher. Also present Alexander Espinoza, Lavarius Riley. Absent: Brenton Shavers, Don Huff Sharon Samec called for motion for approval of the agenda. Motion to approve agenda by Tom Powers second by Brenda Durbahn Ayes: All. Nays: None Sharon Samec called for motion for approval of the 05/08/2018 meeting minutes. Motion by Tom Powers to approve minutes, second by Bob Bamsey Ayes: All Nays: None Sharon Samec called for approval of the bills. Questions were answered. Motion by Tom Powers to approve bills, second by Bob Bamsey. Ayes: All Nays: None Install Art Panels in City Parks The request to install art panels in city parks has been referred to Kent Shankle. He will present the request to the Public Art Committee. Request from Exotic Sno and Taco Loco to Sell Food in City Parks Alexander Espinoza, Taco Loco and Lavarius Riley, Exotic Sno, were at the meeting to request approval to sell food in city parks. Each of them operates a mobile food unit, is insured and has a valid license with the Iowa Department of Health. Their goal is to get approval to sell food when invited by someone having an event in the park, such as the event to raise funds to save the skate park that was held last year (2017). Motion was approved for Exotic Sno to operate a mobile food unit in Waterloo City Parks, subject to advance approval from the Leisure Services Office for specific dates and locations, on a case by case basis. Additionally, it has been determined that prior to operating on City Property, your company must file with the City Clerk's Office a certificate of liability insurance in the amount of $1 million, naming the City of Waterloo as additionally insured. And any additional requirements deemed necessary by the City. Motion by Tom Powers, second by Brenda Durbahn. Ayes: All Nays: None Motion was approved for Taco Loco, LLC to operate a mobile food unit in Waterloo City Parks, subject to advance approval from the Leisure Services Office for specific dates and locations, on a case by case basis. Additionally, it has been determined that prior to operating on City Property, your company must file with the City Clerk's Office a certificate of liability insurance in the amount of $1 million, naming the City of Waterloo Page 238 of 243 as additionally insured. And any additional requirements deemed necessary by the City. Motion by Tom Powers, second by Brenda Durbahn. Ayes: All Nays: None This is to approve only these two vendors. Other vendors will need to go through the same process. STAFF UPDATES Sports and SportsPlex — Mark Gallagher Summer programs are in full swing. Outdoor pools have been busy. There have been maintenance issues at the pools every few days. Water's Edge is close to being ready to present their findings. The SportsPlex pool, recently found there has been one heat exchanger that was not installed. Saturday morning classes being held outdoors are popular. Jacob Frederick has taken a job elsewhere, beginning the process to fill that d position. Young Arena — Chris Dolan Commercial Street is now open. Highway 63 should be open by November. Parking in Hawkeye Community College parking lot should be available this hockey season. Working RFP for beverage agreement, asking for responses from both Coke and Pepsi. Will be starting up the ice plant, camps will be starting soon. Construction — Travis Nichols Crew is running the 5 day garbage. Working on general maintenance in the parks, that was a high water event in the boat house area, docks will be installed soon at the boat house. Forestry— Todd Derifield There are 813 city ash trees remaining, 180 being treated, 633 to be removed about half are at South Hills Golf course. The stump removal contract is about half done. We have approximately 800 stumps for the next contract. Working with contractors completing sidewalk repairs. The forestry specialist position was eliminated due to FY2019 budget cuts, this has caused adjusting work assignments. Golf and Downtown Area —JB Bolger High water events affected the downtown area also, caused clean up along the bike trails. Mark's Park has been very busy this season. Waterloo Open is July 19 -- 22. Irish Fest will be in August. The next regular Leisure Services Commission Meeting will be held Tuesday, August 14, 2018 at the 1101 Campbell office. Sharon Samec asked for motion to adjourn. Motion by Brenda Durbahn to adjourn, second by Bob Bamsey. Adjourned at 8:27am. Brenda Durbahn, Secretary Mill Signed this Date Page 239 of 243 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of August 15, 2018. City Council Meeting: 8/27/2018 Prepared: 8/21/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt. Approved 8/21/201 ... 4-p2 PM t]errk Off-we p vee i, L: eAxi a A.pproved 8/21/.'018 ... 5-42 PM ATTACHMENTS: Description Type D 1:_,p, i 1:.., NC .p.'i( E OF M1NLF ES FOR t'()LJME1 (::`over Melalo A.upmu st 2018 SUBJECT: Waterloo Water Works Board of Trustees meeting minutes of August 15, 2018. Submitted by: Submitted By: Matt Mahler, General Manager Page 240 of 243 Board of Water Works Trustees held their regular meeting on Wednesday, August 15, 2018, with Mary Potter, Chair; Scott Wienands, Vice-Chair; and Ron G. Welper, Trustee; present. Also in attendance: Bruce Jacobs, City Council Liaison; Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of July 18, 2018; the Monthly Financial Report; the Revenue and Expense Summary; a resolution to cause $4,185.00 for service line repair to be assessed to the property taxes of 211 Fowler Street; a resolution to approve completion of project and to accept public water main infrastructure to serve the Audubon Heights 6t" Addition Development; a resolution to approve completion and acceptance of work for the Progress Avenue Water Main Replacement: Acorn Lane to Cadillac Drive Project, including change orders, and to authorize final payment; a motion to receive and place on file the Proof of Publication of the Notice of Public Hearing for the consideration and adoption of a water rate increase, to open the public hearing, to declare the hearing closed with no written or oral comments, to adopt the following resolution: Whereas, after analysis of present water rates for the proper operation of the Waterloo Water Works, several revised schedules of water rates have been duly considered. BE IT HEREBY RESOLVED that the Board of Trustees of the Waterloo Water Works adopt the following rates for water service and related charges effective on all water bills processed after January 1, 2019. Monthly Quarterly Charge Per Use Use 100 Cubic Feet CCF CCF Monthly Quarterly First 3 First 9 Minimum Minimum Next 27 Next 81 2.03 2.03 Next 170 Next 510 1.76 1.76 Next 1,800 Next 5,400 1.68 1.68 Over 2,000 Next 6,000 1.52 1.52 Customer Owns Water Works Owns and Maintains and Maintains the Meter the Meter Meter Size Monthly Quarterly Monthly Quarterly 5/8" 10.70 29.10 3/4" 13.15 36.40 ill 15.00 41.95 1'/2" 21.05 60.10 2" 64.00 189.00 64.00 189.00 3" 85.00 253.00 85.00 253.00 4" 146.00 434.00 146.00 434.00 6" 293.00 877.00 293.00 877.00 8" 486.00 1,455.00 486.00 1,455.00 10" 603.00 1,805.00 603.00 1,805.00 12" 678.00 2,031.00 678.00 2,031.00 On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. BerganKDV Services 550.00 Black & Veatch Services 7,000.00 Black Hawk County Auditor Water & Sewer Bond 34,754.35 Black Hawk Waste Disposal Services 104.00 BMC Aggregates Supplies 4,691.88 BRB Lawn and Snow Services 791.25 Campbell Supply Supplies 1,074.34 Cedar Valley Sportsplex Payroll Deduction 240.64 Cedar Valley United Way Payroll Deduction 62.50 Charles Schwab Institutional Pension 50,050.56 City of Raymond Sewer, Garbage & Yard 12,676.80 Waste City of Waterloo Sewer & Garbage Deposits 19,265.00 City of Waterloo Sewer, Garbage & Storm 1,110,202.46 Water City of Waterloo Project 307,844.55 Cogsdale Corp. Services 1,680.00 Courier Communications Legal Ads 200.16 Coverup Ltd. Supplies 1,305.00 Dave Schmitt Construction Repairs 1,718.20 Dell Marketing Supplies 1,450.00 DexYP Services 33.50 Electrical Engineering & Equipment Supplies 1,554.36 esri, Inc. Software 1,300.00 Foster's Supplies 179.76 Frickson Bros. Excavating Repairs 4,185.00 Grosse Steel Co. Services 653.00 Gustafson, Michael Reimbursement 24.50 Hogan-Hansen Services 510.00 Iowa Dept. of Natural Resources Water Supply Permit 8,047.79 Iowa Municipalities Workers' Insurance 4,100.00 Compensation Assoc. Iowa One Call Services 965.70 Iowa Plains Signing Supplies 315.00 IPERS Pension 14,897.29 IWI Motor Parts Supplies 73.90 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 1,190.00 KW Electric Services 4,815.50 Kwik Trip Fuel 4,459.05 Larson, Travis Reimbursement 50.00 Mahler, Matthew L. Reimbursement 9.62 Menards Supplies 858.81 MidAmerican Energy Gas, Power & Electric 43,610.31 Murphy Tractor & Equipment Supplies 160.09 Mutual Wheel Supplies 29.80 Networkfleet Inc. Services 286.00 Nilles Associates Services 1,437.50 Northland Products Supplies 244.00 Nutri-Ject Systems Services 85.00 Payroll 104,800.01 PDCM Insurance Insurance 88,712.58 SJE-Rhombus Services 1,179.00 State of Iowa Treasurer Sales Tax 28,468.00 Storey Kenworthy Supplies 272.59 Sun Life Financial Insurance 7,009.62 Swisher & Cohrt Legal Services 1,148.50 Teamsters Local Union #238 Payroll Deduction 1,077.00 Treasurer, State of Iowa State Tax 8,792.00 Treasurer, State of Iowa Water Service Excise Tax 19,000.00 U.S. Cellular Services 64.68 United Parcel Service Services 24.44 US Dept. of Treasurer Federal Tax 43,861.18 USABlueBook Supplies 1,940.71 Utility Equipment Supplies 1,478.41 Van Meter Inc. Supplies 1,615.42 Van Wert Inc. Services 4,315.50 Voya Institutional Trust Payroll Deduction 8,329.00 Waterloo Water Works Reimbursement 11,673.59 Wellmark Blue Cross Blue Shield Medical Insurance 56,405.04 Wilberding, Rick Reimbursement 50.00 $2,134,138.12 WATERLOO WATER WORKS ATTEST: Matthew L. Mahler Secretary