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Council Packet - 8/6/2018
THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 6, 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 267 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Chris Shimp, Ward 5 Council Member Agenda, as proposed or amended. Minutes of July 30, 2018, Regular Session, as proposed. Proclamation declaring August 7, 2018, as National Night Out Proclamation declaring August 12 - 18, 2018, as National Health Center Week Recognition of Todd Damro for 30 Years of Service ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council monthly report. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Main Street Waterloo to hold the Iowa Downtown Conference from August 28-30, 2018, including the temporary closure of Sycamore Street between E. 4th Street to Park Avenue, on Wednesday August 29, 2018 from 2:00 p.m. to 8:30 p.m. for a social event to include food vendors. Submitted By: Dave Mohlis, Police Captain 3. Request from Devin Dorfman for a variance to the Noise Ordinance on September 29, 2018, from 3:00 p.m. to 11:00 p.m., in conjunction with a back yard wedding to be held at 115 Hawthorne Street, including amplified music. Submitted By: Dave Mohlis, Police Captain 4. Request from Paul Gahan for a waiver for a concrete driveway located at 151 Lichty Blvd., and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Page 2 of 267 Submitted By: Jamie Knutson, PE, Interim City Engineer 5. Resolution setting date of public hearing as August 20, 2018 to approve 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, and authorize the City Clerk to publish notice. Submitted By: Aric Schroeder, City Planner 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 23, 2018 and date of public hearing as August 27, 2018 for the FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952, and instruct City Clerk to publish notice. Submitted By: Sandie Greco, Interim Public Works Director 7. Resolution approving request to hold MDA Boot Block on August 17, 24 and 31, 2018 and September 7, 2018 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd Streets, Ansborough & Downing Avenues, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. Submitted By: Pat Treloar, Fire Chief 8. Request from Downtown Waterloo Urban Farmers Market for street closure of Jefferson Street from Park Avenue to W. 3rd Street on Saturday August 11, 2018 from 6:30 a.m. to 1:00 p.m. Submitted By: Dave Mohlis, Police Captain B. Motion to approve the following: 1. TRAVEL REQUESTS a. Captain Dave Mohlis Class/Meeting: Law Enforcement Leadership Series Conference Destination: Ames, IA Dates: September 10-11, Amount not to exceed: $363.00 2018 b. Michelle Weidner, Chief Financial Officer Class/Meeting: League of Cities Annual Conference Destination: Council Bluffs, IA Dates: September 12- Amount not to exceed: $285.00 14, 2018 2. LIQUOR LICENSES a. BP Fuel, 127 Jefferson Street Class: B Native Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 6/26/2019 b. Bryan's on 4th, 320 E. 4th Street Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 7/14/2019 Page 3 of 267 C. Kwik Star#229, 1717 E. San Marnan Drive Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 9/24/2019 d. Kwik Star#724, 1105 Cedar Bend Drive Class: B Native Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2019 e. Packers Inn, 201 Rath Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/27/2019 3. Bonds PUBLIC HEARINGS 2. Amendment No. 5 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Motion to receive, file, consider and pass for the first time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Maintenance and Service Contracts for fourteen (14) city owned buildings. Hearing Cancelled - No bids received. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 4. Resolution approving the project designs of a home to be built by Hawkeye Community Page 4 of 267 College in the 200 block of Newell Street, at a budget not to exceed $137,500, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the preliminary plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five (5) lot residential subdivision, located at 4245 West 4th Street. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving Professional Services Agreement with Shive-Hattery, Inc. of Cedar Rapids, Iowa, in the amount of$12,977, for architectural services in conjunction with the City of Waterloo Traffic Control Center Remodel Project - Iowa DOT Project No. STP-U-8155(755)--70-07, and authorize Mayor to execute said document. Submitted By: Sandie Greco, Interim Public Works Director 7. Resolution approving the revision of the existing Speed Hump Policy to reduce the 85th percentile speed threshold, for warranting a speed hump, from 35 mph to 32 mph, in the City of Waterloo, Iowa. Submitted By: Mohammad Elahi, Traffic Engineer 8. Resolution approving award of contract to Pirc Tobin Construction, Inc. of Alburnett, Iowa, in the amount of$520,522.50, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Interim City Engineer 9. Resolution approving award of contract to Ultramax Ammunition of Rapid City, South Dakota, for the Police Department's FY 2019 Ammunition needs as budgeted. Submitted By: Frank Krogh, Police Captain 10. Resolution approving award of contract to RACOM of Waterloo, Iowa, at a cost of $13,311.64, per squad car, for the FY 2019 Police Squad Car equipment installation. Submitted By: Frank Krogh, Police Captain 11. Resolution approving a professional services agreement with Fire Recovery USA, LLC, and authorize Mayor and City Clerk to execute said document. Submitted By: Pat Treloar, Fire Chief 12. Resolution approving renewal of Crime and Fidelity insurance effective 9/15/18, in the amount of$3,663.00. Submitted By: Kelley Felchle, City Clerk ORDINANCES 13. Fire Rescue Service Cost Recovery Ordinance. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Section 6 Fire Rescue Service Page 5 of 267 Cost Recovery, of Chapter 8 Municipal Finances, Title 1 Administration. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Pat Treloar, Fire Chief 14. An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS 15. Motion approving Change Order No. 1 for a net increase of$36,655 for the Water Pollution Control Facility Upgrade Instrumentation and Controls Systems Project, Contract 929. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services 16. Motion approving Change Order No. 2 for a net increase of$7,345 for the Water Pollution Control Facility Upgrade to Instrumentation and Controls Systems Project, Contract 929. Submitted By: Brian Rath Treatment Operations S u pervisor,Waste Management Services ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Planning, Programming &Zoning minutes of June 5, 2018. Page 6 of 267 2. Historic Preservation Commission minutes of April 17, 2018 3. Complete Streets minutes of June 19, 2018. Page 7 of 267 CITY OF WATERLOO Council Communication Minutes of July 30, 2018, Regular Session, as proposed. City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'pice 1" mcy Approved 7/31/2018 ... 11 o tl 2 AM ATTACHMENTS: Description Type Minutes of hfly .pip, 2018 Backup Mame laap Submitted by: Submitted By: Page 8 of 267 July 30, 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, July 30, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Council member Jacobs joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Bruce Jacobs, Ward 2 Council Member 146305 - Juon/Amos that the Agenda, as amended, to change consent agenda item #4 to replace Hope Martin Park with Galloway Park, and change resolution item#17 to become item#6, for the Regular Session on Monday, July 30, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146306 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, July 16, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146307 - Schmitt/Shimp Mr. Schmitt asked for reconsideration of the vote approving the partnership with Hawkeye Community College to build a home on Newell Street. Kelley Felchle, City Clerk commented that the resolution authorizing to proceed under public hearing#4 needs to precede the motion to read the bids. Proclamation declaring the month of July as the annual celebration of the Americans with Disabilities Act. Recognition of Stan Seda for 45 years of employment with the City of Waterloo. ORAL PRESENTATIONS Don Schare, 1415 Downing Avenue, commented that the agendas come out on Fridays before the meeting and it does not give everyone enough time to do their research. He proposed that the agendas be made public on Tuesdays before the meeting. Bruce Kaesser, CRC Apartments, thanked everyone for all the good work they are trying to do for the citizens of Waterloo. Jim Chapman, 224 Bertch, commented that it upsets him that people do not remove their hats during the Pledge of Allegiance. David Dryer, 3145 W. 4 1 Street, commented that he read in the paper that the city is looking to hiring an outside company to bill insurance for services provided by the Fire Department and questioned if another staff person could be hired to bill the insurance companies rather than hire an out of state company. July 30, 2018 Page 2 CONSENT AGENDA 146309 - Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated July 30, 2018, in the amount of$3,428,882.22, 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. 2018-538. 2. Resolution approving the request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 302 Anthony Street- $3,500.00. Resolution adopted and upon approval by Mayor assigned No. 2018-539. 3. Resolution approving the request from Main Street Waterloo for a variance to the Noise Ordinance for a fireworks display on August 31, 2018, beginning at 9:30 p.m. and lasting approximately one hour, in conjunction with the Mayor's Labor Day Kickoff event and RiverLoop Rhythms, to be held at the RiverLoop Amphitheater. Resolution adopted and upon approval by Mayor assigned No. 2018-540. 4. Resolution approving the request from Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on August 12, 2018 from 8:00 a.m. to 1:00 p.m., in conjunction with the "Sunday in the Park" event to be held at Galloway Park, including a picnic, games for the children, use of a PA system and live music. Resolution adopted and upon approval by Mayor assigned No. 2018-541. 5. Resolution approving the request by LaShunta Parks for a variance to the Noise Ordinance on Saturday, August 4, 2018 from 4:00 p.m. to 10:00 p.m., in conjunction with a block party to be held at 252 Denver Street, including a music system and the use of city barricades. Resolution adopted and upon approval by Mayor assigned No. 2018-542. 6. Resolution approving the request from David Schake for a variance to the Noise Ordinance on August 18, 2018 from Noon to 4:30 p.m., in conjunction with the "Fun in the Son" event, to be held at the Cedar Valley Church, located at 3520 Ansborough Ave. Resolution adopted and upon approval by Mayor assigned No. 2018-543. 7. Resolution approving the request of Grout Museum District to hold the 12th annual Sullivan Brothers Memorial 5110 K Race on October 27, 2018 from 9:00 a.m. to 11:00 a.m., July 30, 2018 Page 3 9. Resolution approving the request from Wes Sindt for a waiver for a concrete driveway located at 1008 Leavitt Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2018-546. 10. Resolution approving the request from Robert Dunlap for a waiver for a concrete driveway located at 2301 W. 7th Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2018-547. 11. Resolution approving the request of Kevin and Linda Dallenbach for tax exemptions on the construction of a new single family home valued at $505,000 for property located at 1626 Falcon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-548. 12. Resolution approving the request of Ryan Drey for tax exemptions on the construction of a new single family home valued at$362,000 for property located at 1229 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-549. 13. Resolution approving the request of Christian Olson for tax exemptions on the construction of a new single family home valued at$235,000 for property located at 4414 Charm Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-550. 14. Resolution approving the request of Marko Dostanic for tax exemptions on the construction of a new commercial building valued at $350,000 for property located at 220 Esther Street, and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2018-551. 15. Resolution approving the request of Fischels Holdings, LLC for tax exemptions on the construction of a new roof and home improvements valued at $4,000 for a property located at 918 W Parker Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-552. 16. Resolution approving the request of Spencer Gann/Griffin Investments LLC for tax exemptions on the construction of home improvements valued at $18,000 for a property located at 911 Button Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-553. n r i .i I rw i T ii e r . r I .i July 30, 2018 Page 4 19. Resolution setting a date of public hearing as August 13, 2018 to approve the sale and conveyance of city owned property located south of 2535 MidPort Boulevard, in the amount of$1.00, to Dahlstrom Real Estate LLC., including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-556. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Inv. Frana& Inv. Homicide Investigation Lawrence, October 22- $1,546.00 Zubak School KS 24, 2018 b. Chief Trelka Law Enforcement Ames, IA September $213.00 Leadership Series 10-11, 2018 Conference c. ARFF /Maintenance Live Aircraft Fire - Hot Eastern Iowa September $1,800.00 Employees Burn Training Airport, 26 &27, Cedar 2018 Rapids, IA d. Adrienne Miller, Cedar Valley Leadership Waterloo, First $1,100.00 Economic Institute Course (CVLI) IA Wednesday Development of each Specialist month Oct- Ma e. Ryan Doland, International Association Minneapolis, Minneapolis, $968.00 Property Tech of Property and MN MN Evidence IAPE f. Tony Pauley, Street Iowa Streets &Roads Ames, IA September $1,300.00 Supervisor; Tom Workshop &Annual 18-20, 2018 Meyer and Mike Conference Gienau, Street Foreman 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. BJ's Bar&Billiards, 110 Ida C Liquor Renewal 7/29/2019 x Street w/Outdoor Service b. Fraternal Order of Eagles, A Liquor Renewal 6/30/2019 x Waterloo Aerie#764, 202 E. w/Outdoor Service 1 st Street c. Hy-Vee Food & Drugstore E Liquor New 8/14/2018 x #3, 1422 Flammang Drive *Outdoor Service (8/8/18 - 8/14/18)* July 30, 2018 Page 5 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment Xavier Leonard Leisure Services 3/1/2020 New Commission 4. Theatre License Permit Application • Crossroads 12 Theatre, 2450 Crossroads Boulevard _�14__ifii Cinema 16, 315 E. 4th Stfee Fantasy islandAmtisement, 1950 A'. Aif line 44w 5. Bonds. Mrs. Klein asked that item 2.e. Jim's Food and item 2.h. Yesway Store, be removed, and also separate Crossroads Theatre from the other items listed on item 4. Roll call vote-Ayes: Seven. Motion carried. 146310 - Morrissey/Amos 2.e. Jim's Food, 437 B Wine/C Beer/E Renewal 8/10/2019 x Sullivan Avenue Liquor Roll call vote-Ayes: Five. Nays: Two (Shimp and Klein). Motion carried. Mrs. Klein commented that she got an unsettled feeling while walking around the area and that she will be voting no for this license and the Yesway Store #10022. Dan Trelka, Chief of Police, commented that they do have calls for service at these locations due to the store owner calling for assistance. Mr. Morrissey questioned if the locations have been labeled a chronic nuisance. Dan Trelka stated no. Mr. Schmitt questioned what would be the outcome if the license was denied. Dave Zellhoefer, City Attorney, explained that without a legal reason to deny the license, the city would lose at an appeals hearing. Kelley Felchle, City Clerk, commented that all of the information required on both of the applications was complete and in order, and added that if denied, the Alcoholic Beverages Division will give the applicants the right to appeal. Mr. Schmitt questioned if these properties are in the overlay districts. Aric Schroeder, City Planner, commented that the establishment located at 437 Sullivan is in the nverinv r ktrirt hilt rinec not helieve 107E Franklin CtrPPt is July 30, 2018 Page 6 Mr. Morrissey commented that what needs to be looked at is housing in that area and how it has deteriorated over time, and the properties have turned into problematic rental properties. He further commented that the city needs to update ordinances that will enhance these areas and that rehabilitation of inner Waterloo will help with these issues. Mr. Schmitt commented that a chronic nuisance ordinance would be beneficial as responsible business owners do not have these same issues. 146311 - Morrissey/Amos 2.h. Yesway Store#10022, C Beer/E Liquor Renewal 7/12/2019 x 1976 Franklin Street Roll call vote-Ayes: Five. Nays: Two (Shimp and Klein). Motion carried. 146312 - Morrissey/Amos to approve the following theatre license permit applications: • Romantix Adult Emporium, 1507 La Porte Road. • Mini Cinema 16, 315 E. 4th Street. • Fantasy Island Amusement, 1850 W. Airline Hwy. Roll call vote-Ayes: Five. Nays: Two (Klein and Shimp). Motion carried. Mrs. Klein commented that she does not support these movie theaters. Mr. Shimp questioned what branch of the state government these establishments would appeal to and is that process similar to the liquor license appeal. Kelley Felchle, City Clerk, commented that the city has been issuing licenses of this type since the early 1980's. Dave Zellhoefer commented that the city's theater license code goes back to 1941, and could be reviewed if council decides. He explained that he is unaware of any state code section that deals with theaters, and that the establishment could petition in District Court on a writ of mandamus, citing that the city council has violated their constitutional rights. Mr. Shimp commented that it would be beneficial for these establishments to not be located in Waterloo. Mrs. Juon commented that she abhors these establishments but that they have a right to do business and that the council does not have grounds to deny the license. Mr. Jacobs questioned the duration of the license. Kelley Felchle explained the licenses are renewed annually. Mr. Jacobs questioned if a task force could be organized to update the code. July 30, 2018 Page 7 Waterloo Courier on July 20, 2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented that it seems as though the public hearing was put onto the agenda prior to the date of hearing was published. Noel Anderson, Community Planning and Development Director, provided an explanation of the item. Lisa Skubal, Vice President of Economic Development, Greater Cedar Valley Alliance and Chamber, explained that they support the project being proposed by Mr. Dahlstrom and that he has proven his successful with similar projects in the area. Eric Lee, 3050 Wagner Road, explained that he supports the development and asked that council continue to work with Traffic and Engineering on signage and traffic control in the area. 146314 - Schmitt/Skimp that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Six. Abstain: One (Jacobs due to a possible conflict of interest). Motion carried. 146315 - Schmitt/Shimp that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the "M-2, P" Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Abstain: One (Jacobs due to a possible conflict of interest). Motion carried. Mr. Schmitt questioned if there is a height restriction for the building due to its proximity to the airport. Noel Anderson explained that they will have to go through a construction approval process with the FAA. 146316 - Schmitt/Morrissey 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 Shimp). Abstain: One (Jacobs due to a possible conflict of interest). Motion failed. 146317 - Morrissey/Amos that proof of publication of notice of public hearing on Request by Jesse Hovatter to vacate 5 feet of a platted 20 foot drainage and utility easement located along the southwesterly property line of 1731 Carriage Hill Drive, to allow for the construction of a 26' X 32' detached garage, as published in the "T . 1 — T 1 nn n n I" 1 1 1 1 1 I"1 TT . A - July 30, 2018 Page 8 146319 - Morrissey/Skimp that "an Ordinance approving a request by Jesse Hovatter to vacate the five (5) feet of a platted twenty (20) foot drainage and utility easement, located along the southwesterly property line of 1731 Carriage Hill Drive, to allow for the construction of an 26' X 32' detached garage", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt questioned if this is a grandfathering situation. Noel Anderson explained that this is an easement located on the gentleman's property and staff review committees agree that this easement will not have a detrimental impact. 146320 - Morrissey/Shimp that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146321 - Morrissey/Shimp that "an Ordinance approving a request by Jesse Hovatter to vacate the five (5) feet of a platted twenty (20) foot drainage and utility easement, located along the southwesterly property line of 1731 Carriage Hill Drive, to allow for the construction of an 26' X 32' detached garage", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5461. 146322 - Shimp/Amos that proof of publication of notice of public hearing on Asphalt Emulsions for the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on July 23, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146323 - Shimp/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146324 - Shimp/Amos that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-557. 146325 - Shimp/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. T 1 1 1 1 1 1 lA 1 l.T nn1 n rrn July 30, 2018 Page 9 146327 - Shimp/Amos that "Resolution awarding bid to Rituminous Materials & Supply of Des Moines, IA, in the amount of $150,200, in conjunction with the Asphalt Emulsions for the City's Recycled Asphalt Paving Program",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-559. 146328 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, as published in the Waterloo Courier on July 16, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146329 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146330 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-560. 146331 - Morrissey/Amos that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-561. 146332 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $416,709.00 Bidder Bid Security Bid Amount Summers' Enterprise, Inc. o Masonville, IA 5/o $708,400.00 PIRC TOBIN Construction Inc. 5% $520,522.50 Alburnett, IA Peterson Contractors Inc. 5% $557,025.10 Reinbeck, IA Boomerang Corp, o 5/o $777,147.00 Anamosa, IA Voice vote-Ayes: Seven. Motion carried. July 30, 2018 Page 10 Noel Anderson provided an overview of the services provided by Vandewalle & Associates for the downtown plan, and explained that the last couple of years they've assisted through their conceptual drawings, the ability to create and get built, the vision of downtown. Mr. Schmitt questioned if there are any restrictions similar to what was experienced with the Public Market building. Noel Anderson explained the importance of having Vandewalle & Associates' expertise to complete the projects agreed to in the Iowa Reinvestment District application, including some out lot development on the TechWorks lots, a Marriott Hotel and a marina in that general area. If the goals in the application are not achieved, the state could withhold payment of both the local option and hotel/motel taxes. Mr. Schmitt questioned the timeframe associated with the projects, and what level of experience Vandewall &Associates have with riverfront projects. Noel Anderson explained the timeframe is 20 years. Brian Vandewalle, Vandewalle &Associates, explained that his firm's work includes the Mississippi River, Eerie Canal, and the Cedar River, to name a few. Mrs. Klein questioned how many development organizations the city of Waterloo gives money to. Noel Anderson explained that the city provides funding to three different organizations which include Main Street Waterloo, Vandewall& Associates and Greater Cedar Valley Alliance. Mrs. Klein questioned when the partnership with companies like Vandewalle &Associates will end. Noel Anderson explained that the partnerships are reviewed annually as the plan is constantly changing and developers are changing as well. Mayor Hart commented that a gentleman that he and Noel spoke with earlier today, specifically highlighted downtown Waterloo as a reason for wanting to locate his company here. Mr. Morrissey commented that he hopes that future projects will include the east side of the river and inner Waterloo residential, and would like to see detailed report next year of what the city received for the $72,000. He also questioned if the Brinker Lake cut by the DNR is appealable. Brian Vandewalle commented that the decision should be able to be appealed. Mr. Morrissey questioned when the company started working with the city. Brian Vandewalle explained the history his company has with the city. Mrs. Klein questioned if their company employs architects and engineers. Brian Vandewalle explained that they work with local architects and engineers but that they create a vision and set standards for quality, materials, and design. Mr. Shimp questioned if the contract amount is the same as last year. July 30, 2018 Page 11 Mayor Hart commented on the accomplishments through the relationship with Vandewalle & Associates since 2008, and the vision for future projects which are creating a healthy downtown. He also recommended a six month update for council. Brian Vandewalle explained that the city has momentum building currently and will continue to see change. Resolution adopted and upon approval by Mayor assigned No. 2018-562. 146334 - Shimp/Morrissey that "Resolution approving Reconstruction and Overlay Street Improvement lists for 2019", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey commented that the list seems smaller than in the past. Jamie Knutson, Interim City Engineer, explained that the list is smaller but the total dollars spent are staying the same. Resolution adopted and upon approval by Mayor assigned No. 2018-563. 146335 - Shimp/Morrissey that "Resolution approving award of contract to Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of$44,917.00, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 Levee Rip Rap Spraying, Contract No. 961, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-564. 146336 - Shimp/Morrissey that "Resolution approving petition for voluntary annexation requested by the City of Waterloo, on behalf of landowners John and Dessie Rottinghaus, to annex approximately 20.22 acres of land generally located along North Elk Run Road, just northwest of 4455 Remington Road for the purpose of future industrial development",be adopted. Roll call vote-Ayes: Seven. Motion carried. Forrest Dillavou, 1725 Huntington Road, commented that the general fund will suffer as a result of this purchase because taxes will no longer be collected and wants to see monies taken from the TIF Districts and placed into the general fund. Mr. Schmitt requested an overview of the item. Noel Anderson explained the annexation process and that the property will be used for future industrial development. Resolution adopted and upon approval by Mayor assigned No. 2018-565. 146337 - Shimp/Morrissey July 30, 2018 Page 12 146339 - Shimp/Morrissey that "Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $14,800.00, in conjunction with the Blower's Creek Watershed Assessment, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-567. 146340 - Shimp/Morrissey that "Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $16,340.00, in conjunction with the Westdale Swale project, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-568. 146341 - Amos/Morrissey that "Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Cultural & Arts Department to be used to fund a part-time graphic designer in the amount of $24,128", be adopted. Roll call vote-Ayes: Five. Nays: Two (Jacobs and Schmitt). Motion carried. Mr. Schmitt questioned this use of discretionary funds. Mayor Hart explained that during the budget process a cut wiped out the position that generates revenue for the Cultural &Arts Department. Mr. Schmitt questioned what would happen to the position if funds are not available next year. Mayor Hart commented that this position is very much needed to help attract the public to the Center for the Arts. Resolution adopted and upon approval by Mayor assigned No. 2018-569. 146342 - Amos/Morrissey that "Resolution approving application for an Iowa DOT Traffic Safety Grant for conducting a vision zero workshop, towards eliminating pedestrian, bicycle and motorized vehicle deaths and severe injuries from traffic crashes, to improve public safety and quality of life, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-570. 146343 - Amos/Morrissey that "Resolution approving application for an Iowa DOT Traffic Safety Grant for traffic signalization of Greyhound Drive and the West Ridgeway intersection, and authorize the Mayor to 1 1 .11 1 1 1 T 11 11 A ['1 11 A 1 July 30, 2018 Page 13 146345 - Morrissey/Amos that "Resolution approving installation of two (2) 25 MPH speed humps in the 3900 block of Memory Lane and rescinding Resolution No. 2018-496", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-573. 146346 - Morrissey/Amos that "Resolution approving award of bid to Spahn & Rose Lumber Company of Jesup, Iowa, in the amount of$134,610.00 in conjunction with the purchase and construction of a 60 ft. by 80 ft. pole building at the City's Yard Waste Site, and approving contract,bond and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents and rescinding resolution 2018-370", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-574. 146347 - Morrissey/Amos that "Resolution approving award of bid to Thompson Truck & Trailer of Dubuque, Iowa, for the purchase of two (2) 2019 single axle snow control (plow), 37,000 gross vehicle weight dump trucks, in the amount of$150,964.00 each",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-575. OTHER COUNCIL BUSINESS 146348 - Amos/Morrissey that request of Great Properties, LLC for an extension to repair sidewalks at 1018 Denver Street, be received,placed on file and approved. Voice vote-Ayes: Seven. Motion carried. 146349 - Schmitt/Shimp that a motion to reconsider "Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Roll call vote-Ayes: Five. Nays: Two (Morrissey and Amos). Motion carried. Mr. Schmitt commented that at the work session he heard that the city will lose money on this project. Noel Anderson commented that it is unknown until the time the project is completed and the home sells. Mr. Schmitt questioned if the city is entering into a competition with Habitat for Humanity. Noel Anderson does not believe this puts the city in competition but views this as more opportunistic; for Hawkeye Community College to be able to provide workforce training and for the July 30, 2018 Page 14 Mayor Hart suggested that the reconsideration be placed on next week's agenda to allow Hawkeye to return to answer questions. Kelley Felchle provided clarification of the code for reconsideration, and recommended placing the action to vote on the resolution for the next meeting, so that the proper 24 hour notice is provided. Mr. Jacobs commented that the purpose of the reconsideration is to make a responsible decision for the tax payers and suggested an appraisal be done on the project so council knows what this house would expect to sell for when completed. Roll call vote-Ayes: Five. Nays: Two (Morrissey and Amos). Motion carried. ADJOURNMENT 146350 - Morrissey/Amos that the Council adjourn at 7:24 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring August 7, 2018, as National Night Out City Council Meeting: 8/6/2018 Prepared: 7/16/2018 REVIEWERS: Department Reviewer Action Date Mayor (I..)fficc Westphal, Michelle Approved //G 6/2 0i8 ... 3:23 P M (`11erk Office i p pzgp)y, 1" a:-�cy Approved 7/31/2018 ... 5-09 PM ATTACHMENTS: Description Type 1'u-o lai-nation NNO 2018 Covet Melalo Submitted by: Submitted By: Mayor Quentin Hart Page 23 of 267 1111111 II 11111116 _ -SIOZ 4snBUV Jo roup"09 SnP Pa)CgYe N 04 001-104PA/i�O X41D ;?-44 JO ftlas F!Dijjo aq;pasuez)pu-e puml Au 4as o4unaaaq aAP14 I "JOaME11M SS3NJIM NI Dnp 40IN feuORPN 1pnuuvpsc OLID2uTpoddns ui qDju *SIOZ"Z 4sanV uo A/I UmOl JO UOPPPOSSV I-euO'4'eN aq4 Pu-e suoprpossV pooqjoqq2laN ulof o4 oolia4'OM jo X41D aq4 Io suazTIlL , uodn 11-II-"a4p Xqa.iaqop "eA'OI '001-1@4'eA,iJOX4!Da'44JO -IOXL'W '4xeHul4uariD 'I . cfl C14 4-- 0 C'4 O -fqiununuo:)aapaq-.Tajes P plTnq ojiaq4a,9o4�jjom pu-e 4uatu@:).Toju@ MPT TIM JaLP201 aIuo:) 001.1a4um Io suazT413 Ur 4euj jupuassa ST 41 pu-e fSIOZ TnO TLIBIN TuORUN BuT4.ioddns pu-e s4.Tojja SLiTpjTnq-X4TunuiLuo:) 4ulof LIBnoRp luau-Taz).Tojua mq ;sisse sioqqB!au pu-e 'aml o; saD-eld ial4aq '.iayes spooqjoq-q2!au ino a-4evu o4 allOPPIPUSeD pooq.ioqLjBjau puie sdRs-i@u4xud X41unuimoz)-axiod sa4o-Luoid 4vq4 u,9TuduMD 2UTPjjnq-�jununuo:) lenuue up si 4no 4142IN FuOTTeN pu,e 'aplmpl.iom s@s-eq Xxe4jjTw PULI 'S,3141D U-eTPLueD "S@'-IO4!:u@4 'S*fl -SaVe4s OS 1Po-ij sap URU -Lu . jun oz) PU-eSn011I 91 X?AO UT aTdoad uoilITLu SC Lilof o4 oojxa4-eM UT s,ioqtlBlau .ioj 14jur4.ioddo u-e S@PIAOjd 4UaAa 4no 4-LI21N feuoT4-eN @T pu-e 4nO 41-IBIN feuO-4LN, pappu@ "SIOZ 'Z, 4siiBnV uo uBipdumz) I SuT Tnq-f -P . 4junuTwo:) leuo-4-eu P s.Tosuods (AUVN) q:)IPM umOl JO uol4L":)OsSV TeUO'4-eN aT Vfi&Ol toOTdMVj% 441,O )WO MOLD MOCI C3 CITY OF WATERLOO Council Communication Proclamation declaring August 12 - 18, 2018, as National Health Center Week City Council Meeting: 8/6/2018 Prepared: 7/25/2018 REVIEWERS: Department Reviewer Action Date Mayor ()fficc Westphal, Michelle Approved 7/25/201 ... 10-36 CSM t`llerk Office i p pzgp)y, 1" aaracy Approved 7/31/2018 ... 5p i3 PM ATTACHMENTS: Description Type 1'u-o la i-n ation Nationap p pcalt " eek Covet Melalo Submitted by: Submitted By: Mayor Quentin Hart Page 25 of 267 711PIPP" 17, *810Z Jsn2nV jo S19P qIq sjqj pax-gjg aq of oolaaIrM jo ,413 aqj jo leas lotaWowill pasnea puu puuq sm jas ojunaiaq aAuq I AoTd'"'" A 99MWA mi ,aAiasSaqj al-doad aqj pub,aaluaa qjlvaq 4juniumoa ino uaaA4aq d!quaujjlgd junpodun aqj ajv.Iqala3 01 aiuiD saldoad 2up !siA Sq 31aam stql ut jAvda3liq of siolvist2al puu staquiam 4!unuixuo;) juaol Itu atminoaua puV YAIW URMO RLTM WON su 'sioZ 181—ZI jsn2nV uqT&lz)oid Sqaiaq op 1pic]q ug uano.zoSeN 11 ofmi KAON ti co CI4 4-- -m;ajsSs am) qjlicaq ligaolino jo ain4nj puu 0 juasa-id 11sud aqj 2mdzqs ui alO.1 IUI!A -natli puu z)iuq (o 3 qjluaH ,4!untUtuo3 C14 a) saldoaj jo km2al aqj ajwqalaa am "4aaA*, xaluaj qjl1uaH Inuot icN 2upn(l of pur .'siva.till qjIlgaq 31.1 qndiaqlo of 2ui uodsai puu p aimap!da p!oido aqj 2uissaippu IsumialaAano aqj ailm) of M33V 2UIP!Aold Isasm atva q4luaq tudiatua jo sauil juoij aqj uo air si it 3W3 111119aH puu !'Sisoz) majsSs min qlluaq sampai puu sauxo3ino ama qjlcaq SaAoidtui los 4uiop ul puu snjujs oauujnsm pule atuomi ISqd1cx2oa2 2uipnl3ut lsm3u ajlc3 qjluaq of siatiarcl 2uituo3.10AO JO SUVaUI aAlPajja U16 aAOid of sanuquoa lapom aajuaD qjligayl aqjL tlsolv� pur .'sjuagygd OOO'LI .IaAO PaAlOS ;)IUIIJ qjIvaH f4!unxutuoD saldoad Ituaf. Ind aqj ul %oluaa qjluaq 4!unmmo;) v ui amca qaqj sjA SaIUIS papufl aqj ui aldood aAlaM4 IL13Aa Ut allo puu Isuopulndod alqu.iautnA PUV aa2njai 'julwitirami Issatamoq 'paAAasiapun jujol jo qjIvaq aqj 2ui.4 z)udmi Sljuicagpdh puu u o4 an[18A tU1.1aAllap 46j!untuxuoaino ui ajv3 qllyoaq aAiluaAaid puu Sirgmud aAisuaqajdwoa lalqlcplojju 94!lunb -qtlq Pap!AOid suq aiuilj qIluaW4!unwmo3 sajdoad 'S-1VOS 4.10J .IaAO .IOA it LLVw OIfCI V 0 AMAJ AOI g ovmuvfik ilf"AM 0 CITY OF WATERLOO Council Communication Mayor and Council monthly report. City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date Mayor (I..)fficc p I've;i, 1:.c, rrin Approved S/G/20 V 8 .. 5-19 PM Page 27 of 267 CITY OF WATERLOO Council Communication Request from Main Street Waterloo to hold the Iowa Downtown Conference from August 28-30, 2018, including the temporary closure of Sycamore Street between E. 4th Street to Park Avenue, on Wednesday August 29, 2018 from 2:00 p.m. to 8:30 p.m. for a social event to include food vendors. City Council Meeting: 8/6/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date F'o ce Delsartrnent Mohiis, Dave Approved '//31/2018 ... 1232 PM �.`Ilcap Office p p igt.)y, Naamcy Approved '7/31/2018 5.09 PM Request from Main Street Waterloo to hold the Iowa Downtown Conference from August 28-30. 2018, including the temporary closure of SUBJECT: Sycamore Street between E. 4th Street to Park Avenue, on Wednesday August 29, 2018 from 2:0012.m. to 8:30 p.m. for a social event to include food vendors. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Temporary street closure of Sycamore street between E 4th St and Park Ave Summary Statement: to host a social vent for Iowa Downtown Conference. Closure on August 29th, 2018 from 2 p.m. to 8:30 p.m. With the use of city barricades. Expenditure Required: Placement and removal of city barricades Source of Funds: General Page 28 of 267 CITY OF WATERLOO Council Communication Request from Devin Dorfman for a variance to the Noise Ordinance on September 29, 2018, from 3:00 p.m. to 11:00 p.m., in conjunction with a back yard wedding to be held at 115 Hawthorne Street, including amplified music. City Council Meeting: 8/6/2018 Prepared: 7/30/2018 REVIEWERS: Department Reviewer Action Date 1°aspics.; 1Departrnent Moh is, Dave Approved 7/30/2018 ... 3:411 PM 1.1Ilenp Office 1pigby, Naamcy Approved '7/31/2018 5.03 PM ATTACHMENTS: Description Type D Devin 1)oirl"ui.an variance rega:nest Me nb.o Request from Devin Dorfman fora variance to the Noise Ordinance on SUBJECT: September 29; 2018; from 3:00 p.m. to 11:00 p.m., in conjunction with a back yard wedding to be held at 115 Hawthorne Street, including amplified music. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Summary Statement: Backyard wedding with amplified music on Sept 29th, 2018 from 3 p.m. to 11 p.m. at 115 Hawthorne Ave. Expenditure Required: None Page 29 of 267 A-PPLlCATIC:}:�� FOR VARIANCETO NOISE ORDINANCE AFP'LIC ANT'S ADDRESS: ....,��_ ✓ :.a�% a 74. -P'RLICANT'S PHONE 4: C. ANTICLF'A.T.ED DATE O 'VARIANCE, _ NAI�&E CSI<EVENT: I TIMES OF DAY OF` A A.NCE: CrEC)Cz: �I CAL LOCATION OF V�RIAI CE: Its-- H(hv)-hov DISTANCE OF AC 7TH In, FROM RESIDENTIAL PROPEXIIES: PI,FASE EXPLAIN I'TFs EVENT REQTJJ-R\TG TIT- VARIANCE ] BE,, SPECIFIC, SIECTFIC , INCLITDE CTEOGRAPHICAL LOCATION, A1\TD wf-Twr A.CTUALLY1T L L�C'E AD T,-T� 1\10ISE ORDINANCE', SUCH AS A BAND PL A.YING,PA.SY5 I"J ldl, ETC J � 4 i v Applicant', Sig aturc Date CT IY COUNCIL ACTIOM :Felice Dept_ R.econi-Taaezidat.a 1 APPR-OVAL: APPROVAL E DENIAL: DENIAL: � Page 30 of 267 CITY OF WATERLOO Council Communication Request from Paul Gahan for a waiver for a concrete driveway located at 151 Lichty Blvd., 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: 8/6/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggdnmeer'ing 1Cniasobi, Jamie Approved 8/l/2018 ... 9.32 A t.`Ilcap Office p p igngby, Namy Approved 8/1/2018 ... 10-08 AM ATTACHMENTS: Description Type DW Waiver rr......151 1.,uclity Blvd. Me nio Request from Paul Gahan for a waiver for a concrete driveway located SUBJECT: at 151 Lichty Blvd.; and authorize the construction of a concrete driveway and placing a driveway or sidewalk on cAy 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: LICHTY ORANGE ADDITION LOT 11 Page 31 of 267 WAIVER Date: 2- 26 - Aola Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: 100krk—' 42' I hereby request a waiver to the driveway and sidewalk spec,�cations for the c4onstruction of a driveway or sidewalk,' located at con c r asphalt) (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. 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, 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. 6. 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 dollar ,,($7,,.0 for the Purpose of recording this agreement. Respectfully submitted, A, Printed Name of Property Owner Signature of Property Owner------- Page 32 of 267 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 20, 2018 to approve 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, and authorize the City Clerk to publish notice. City Council Meeting: 8/6/2018 Prepared: 7/27/2018 REVIEWERS: Department Reviewer Action Date 11pnuuuun'ruig& Zounnr'ig Soil roedcrr, A.rpc Approved //31/2018 .... 11.39 A t.`Ilcrp Off-we ppn}niny, Namy Approved '7/31/2018 4:59 PM ATTACHMENTS: Description Type Zordnnpp;Ordinnmce. Proposed r1 -i ^u:ndnicnt 'I...p 0...18 Backup Materiall Resolution setting date of public hearing as August 20; 2018 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand SUBJECT: 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, and authorize the City Clerk to publish notice. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval of the resolution setting a date of public hearing. 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 33 of 267 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 34 of 267 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 35 of 267 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 36 of 267 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 37 of 267 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 38 of 267 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,-1TTT� D � w Alcohol Sales Overal District Expansion �'�T��-�-�,�-f-��I I I�� � � W F R T V ¢ FOHREST AI E `s � FOREST AVE, C, U p�� W III III I I �(� F ���-=W I I I I I Q � - O' ®HAWT HORNE AVE W HAWI ITHI IO IR IN IE IAVI EI�I HI A� IWT THORNE NI EI AI 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 �z CAROLINA" t-1 F kAI R-2;C_Z'HOLM.ST -- - -- �i CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 23, 2018 and date of public hearing as August 27, 2018 for the FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952, and instruct City Clerk to publish notice. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date II n iffic Operas ons I f i 5i" > T am y Approved S/tl/ ,0tl 0-50 AM. ATTACHMENTS: Description Type Cont. 952 11la9m Backup l ate6a Resolution approving12reliminary121ans, specifications; form of contract, etc. and setting date of bid opening as August 23, 2018 and date of public SUBJECT: hearing as August 27, 2018 for the FY 2019 Waterloo Yard Waste Water and Sanitai3� Sewer Extension, Contract 952, and instruct City Clerk to publish notice. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: Extension of water and sanitary sewer to the City's yard waste site for the pole building being constructed. Expenditure Required: $283,505.00 Source of Funds: Sanitation Funds Policy Issue: Strategy 4.5: maintain and develop community services and city facilities that support quality of place. 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N omiJoa 3wy4 ar a J� axz�lo � oF FwJL aDrw :an ymtoW� wi ¢ OWmZo..w aoUF D4y W Z W �� ] Nw z - OO OKwzwU p w� ¢ aUC Y Q¢ y � ww03Uomo an U kzJ¢ FXCo^ WSLaZO Om0 W= oP � Z-W Uuzm aw w9<=< NDUOW rx UwR N Q zgaao0�� Oma m = 2�$'W= 2 WZmw wUJ<UO <N z yE ��/ 11 O OO o 0 0 0o O T TS � t G .T r/+ C y 2 d n c o R v U C X 4 Z O u O � L z 2 ` z b� z J rl C � c Q V 3 z � o pqo �a�w CONTRACT SPECIFICATIONS FOR F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION CITY OF WATERLOO CONTRACT NO. 952 I HEREBY CERTIFY THAT THIS PLAN AND SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. WILLIAM J.CLAASSEN DATE P.E.NO, 9408 MY REGISTRATION RENEWAL DATE IS 12131119, PAGES OR SHEETS COVERED BY THIS SEAL: ALL (Folder\Waterloo Yard Waste Water and San Sewer Ext 952Mtle Page.doc) Page 55 of 267 F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION CONTRACT NO. 952, City of Waterloo, Iowa CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 4. FORM OF BID OR PROPOSAL 5. SALES TAX EXEMPTION INFORMATION FORM 6. FORM OF BID BOND 7. NON-COLLUSION AFFIDAVITS 8. EQUAL OPPORTUNITY CLAUSE 9. TITLE VI CIVIL RIGHTS 10. BIDDER STATUS FORM 11. AFFIRMATIVE ACTION PROGRAM 12, POTENTIAL ITEMS OF WORK FOR MBEIWBE PARTICIPATION SUBCONTRACTOR'S BID REQUEST FORM, LETTER FORM FOR SUBCONTRACTOR QUOTES, MBEIWBE SCOPE LETTER, MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 13. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 14. STATEMENT OF BIDDER'S QUALIFICATIONS 15. GENERAL SPECIAL PROVISIONS 16. SPECIAL PROVISIONS 17. GENERAL SPECIFICATIONS FOR CONSTRUCTION 18. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 19. GEOTECHNICAL REPORT 20. STORMWATER POLLUTION PREVENTION DOCUMENTS 21. FORM OF CONTRACT 22. FORM OF PERFORMANCE BOND 23. FORM OF PAYMENT BOND Page 56 of 267 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION In the City of Waterloo, Iowa CONTRACT NO. 952 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 day of r' ,-12018 until 1:00 p.m. for the construction of the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, Contract No. 952, City of Waterloo, Iowa as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the day of ,.2018 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. a PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the j 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 the day of 62018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by Wayne Claassen Engineering & Surveying, Inc. are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk 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. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hili Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Page 57 of 267 NOTICE OF HEARING CONTRACT NO. 952 Page 1 of 2 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3} Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgepro'ects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/proiect-leads/ SCOPE OF WORK The extent of the work involved is the construction of approximately 2,765 linear feet of 8-inch dia. Ductile iron water main, 760 linear feet of 2" dia., HDPE force main, a 1 HP grinder pump station at the Waterloo Yard Waste Facility, located North of the 2700 block of Independence Avenue, in Waterloo, Iowa. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the d, y of CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Page 58 of 267 NOTICE OF HEARING CONTRACT NO. 952 Page 2 of 2 NOTICE TO BIDDERS For the Taking of Construction Bids for the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION In the City of Waterloo, Iowa CONTRACT NO. 952 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 day of 2018 until 1:00 p.m. for the construction of the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSIONS Contract No';j952, City of Waterloo, Iowa, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the day of , 2018, at 1.00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on , 2018 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is the construction of approximately 2,765 linear feet of 8-inch dia. Ductile iron water main, 760 linear feet of 2" dia., HDPE force main, a 1 HP grinder pump station at the Waterloo Yard Waste Facility, located North of the 2700 block of Independence Avenue, in Waterloo, Iowa. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before D6eernber 1 20'i 8' METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. Page 59 of 267 NOTICE TO BIDDERS CONTRACT NO. 952 Page 'I of 5 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo Engineering Department, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the Engineering Department on the second floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City-to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. Page 60 of 267 NOTICE TO BIDDERS CONTRACT NO. 952 Page 2 of 5 The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. I PERFORMANCE & PAYMENT BONDS F The successful bidder will be required to furnish a "Performance Bond" and a "Payment f Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. i MAINTENANCE BOND I Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM I SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at Page 61 of 267 NOTICE TO BIDDERS CONTRACT NO. 952 Page 3 of 5 $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBEIWBE goals. The MBEIWBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. Page 62 of 267 NOTICE TO BIDDERS CONTRACT NO. 952 Page 4 of 5 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA. Page 63 of 267 NOTICE TO BIDDERS CONTRACT NO. 952 Page 5 of 5 INSTRUCTIONS TO BIDDERS 1. 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. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for j estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents 1 prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal, INSTRUCTIONS TO BIDDERS Page 1 aa1A 64 of 267 b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. C. Unless called for, alternate bids will not be considered. d. Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids. Telegraphic modifications will be considered, but should not reveal the amount of the original or revised bid. e. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total 1 amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank j space provided. i If the bidder chooses to submit the unit prices, total bid price, and j total bid on a computer-generated spreadsheet, all numbers shall be easily legible. f. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be j considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. INSTRUCTIONS TO BIDDERS Page 2 Igage 65 of 267 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non-arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. C. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall made the bid so modified or amended, subject to rejection. 5. 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 of Waterloo, 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. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set 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. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the INSTRUCTIONS TO BIDDERS Page 3 Igage 66 of 267 laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 8. COLLUSIVE AGREEMENTS j 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 as not colluded with any other person, firm, or corporation in regard to any bid submitted. f 3 b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, .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. i 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS i a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM 1 The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. INSTRUCTIONS TO BIDDERS Page 4 &ge 67 of 267 10. MBEMBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBENVBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBENVBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBENVBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBENVBE subcontractors on City contracts estimated at less than $50,000. i i The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBEMBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good-faith efforts." The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. INSTRUCTIONS TO BIDDERS Page 5 age 68 of 267 Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBEIWBE Contractors list as of July 1, 2002 Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBEIWBE Contractors list as of July 1, 2002 Minority.- Any inority.Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include: Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124- 1.1(c)(3)(ii)(1983). Lowest Responsible Bidder.• Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment INSTRUCTIONS TO BIDDERS Page 6gage 69 of 267 Program and the Contract Compliance Program. Broker. One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Mayor's Advisory Committee: Mayor's Advisory Committee for Minority, Female, and Disadvantaged Business Enterprise. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good-faith efforts" to meet the Contract Compliance MBEIWBE goals. The MBEIWBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. INSTRUCTIONS TO BIDDERS Page 7age 70 of 267 Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBENVBE subcontracting * Evidence of negotiating with MBENVBE firms * MBEMBE quotes obtained and non-MBENVBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 9. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBENVBEIDBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. INSTRUCTIONS TO BIDDERS Page 8Page 71 of 267 C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBEIWBE firms. D. The City Contract Compliance Officer shall send notices to appropriate MBE1WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBEA/VBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO- 3) to appropriate MBENIBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBEIWBE Certification List). If less than three (3) are offering the services to be subcontracted, E then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBENVBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBEIWBE business submitting bids is not selected for subcontract award, documentation must accompany the INSTRUCTIONS TO BIDDERS Page 9 IAage 72 of 267 "MBEMBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBEIWBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. H. MBE/ME Firms A. MBEMBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses, or were listed on the City of Waterloo Certified MBEIWBE Contractors list as of July 9, 2042. i B. MBENIIBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. I C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBEIWBE firm is interested in bidding. If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBEIWBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. INSTRUCTIONS TO BIDDERS Page 10 lgage 73 of 267 B. A bidder's failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non-compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. I 11. EMPLOYMENT AND BUSINESS OPPORTUNITY j f 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 r 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. 12. STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right INSTRUCTIONS TO BIDDERS Page 11 9f 14 age 74 of 267 is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to that responsive and responsible bidder whose bid, conforming to the Specifications, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract at the time of opening bids, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The City Council may, when in its interest, reject any or all bids or waive any informality in bids received. C. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral i unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the qualified bidder submitting the lowest total bid for the BASE BID plus ALTERNATE(S) chosen by the City as indicated in the NOTICE TO BIDDERS. i d. When a contract for a public improvement is to be awarded to the j lowest responsive and responsible bidder, a resident bidder shall i be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. INSTRUCTIONS TO BIDDERS Page 12 Rage 75 of 267 14. EXECUTION OF AGREEMENT, BONDS, 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 of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, 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 and a payment 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 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 in performing the work. The bonds shall protect and save harmless the City 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. Such bonds 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 bonds. 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 Specifications for Construction, Section F. No. 4 "Liability Insurance," Pages 14 to 15 of 18 Pages. 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 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 Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. INSTRUCTIONS TO BIDDERS Page 13 Iaage 76 of 267 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 of Waterloo, Iowa, may grant, based upon reasons determined sufficient by the City of Waterloo, Iowa, may either award the contract to the next lowest bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid an the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo, Iowa, for a refund. 15. BIDDER STATUS Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. INSTRUCTIONS TO BIDDERS Page 14f 14 Page 77 of 267 FORM OF RID OR PROPOSAL F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION CONTRACT NO. 952 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1.The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by Wayne Claassen Engineering & Surveying, Inc. now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, Contract No. 952, City of Waterloo, j Iowa, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: i i F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER j EXTENSION CONTRACT NO. 952 BID ' DESCRIPTION UNIT EST. QTY. UNIT BID TOTAL BID:PRICE' .ITEM BASE BID PRICE I 001 MOBILIZATION L.S. 1. $ $ 002 CLEARING AND GRUBBING L.S. 1 $ $ 003 SEED AND FERTILIZE(IDOT RURAL MIX ACRES 1.6$ $ 004 MULCH(IDOT RURAL MIX ACRES 1.6 $ $ 005 STABILIZATION CRIP SEEDING AND FERTILIZING ACRES 1.6 $ $ 0060 MITTED $ $ 007 9° DIA., STRAW FILLED WATTLES L.F. 7351$ $ FORM OF BID CONTRACT NO. 952 Page 1 of 4 Page 78 of 267 CHAIN LINK FENCE REMOVAL AND 008 REPLACEMENT L.S. 1 009 TRAFFIC CONTROL L.S. 1 $ $ 010 MAINTENANCE BOND,2-YEAR L.S. 1 $ $ 011 SWPPP COMPLIANCE L.S. 1 $ $ 012 MACADAM STONE BASE TONS 300 $ $ SANITARY SEWAGE FORCEMAIN,2" DIA., IPS, DR 201 11 HDPE L.F. 760 $ $ TAP AND INSTALL WATER-TIGHT CONNECTION 202 TO EXISING MANHOLE EA 1 $ $ 203 SANITARY SEWER SERVICE,4"DIA. SDR 23.5 PVC L.F. 10 $ $ 204 GRINDER PUMP STATION, COMPLETE L.S. 1 $ $ 401 WATER MAIN,8"DIA.,CL 52 D.I.P. L.F. 2,765$ $ TEE, 8" DIA.X 8" DIA.X 6" DIA., D.I.P. COMPLETE 402 WITH THRUST RESTRAINT EA 1 $ $ BEND,90°, 8" DIA., DUCTILE IRON, COMPLETE 403 WITH THRUST RESTRAINT EA 1 $ $ BEND,22.5°, 8" DIA., DUCTILE IRON, COMPLETE ? 404 WITH THRUST RESTRAINT EA 1 $ $ WATER SERVICE CONNECTION, 1" DIA., 405 COMPLETE EA 1 $ $ 3 3 406 WATER SERVICE, 1"DIA. L.F. 55$ $ NEW FIRE HYDRANT ASEMBLY, M.J., 6.5' BURY, 407 COMPLETE EA 3$ $ 408 TIE-IN TO EXISTING 16"WATER MAIN EA 1 $ $ 409 WATER METER MANHOLE, COMPLETE L.S. 1 $ $ WATER AND/OR SANITARY FORCE MAIN, 410 INSULATE L.F. 24$ $ GATE VALVE,8"DIA., M.J.,WITH VALVE BOX AND 411 MECHANICAL THRUST RESTRAINT EA 1 $ $ TOTAL BASE BID $ $ $ FORM OF BID CONTRACT NO. 952 Page 2 of 4 Page 79 of 267 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or 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 the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after"Notice to Proceed" is issued. 4. Security in the sum of Dollars {$ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( ), or Non-Resident Bidder Certification ( ). (Mark one.) 7. The bidder is re ared to submit a financial and experience statement upon i p p p request. 8. 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. 9. The bidder has received the following Addendum or Addenda: i Addendum No. Date 1 i' 10. The bidder shall list the MBEA IVBE subcontractor (s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. 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 Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. FORM OF BID CONTRACT NO. 952 Page 3 of 4 Page 80 of 267 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. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. i (Name of Bidder) (Date) a BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO, 952 Page 4 of 4 Page 81 of 267 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Landscaping ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking-Demolition ❑ Heavy Construction ❑ Other (Please specify) ❑ Heating-Ventilating-Air Cond. Page 82 of 267 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, as Principal,and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars($ )lawful money of the United States,for the payment of which sum will and truly be made,we bind ourselves,our heirs,executors,administrators,and successors,jointly and severally,firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 120 ,for F.Y.2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract No. 952. City of Waterloo. Iowa 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 i shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of A.D.201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 83 of 267 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of } )ss 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; i 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 E { 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by E any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or i any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of 201,_. I Title My commission expires Page 84 of 267 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of ) being first duly sworn, deposes and says that: 1. He is Owner Partner Officer Representative, or Agent) of hereinafter referred to as the"Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in (City or County and State) 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; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of 201_. Title My commission expires Page 85 of 267 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Park 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, or disability. f I 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or Page 86 of 267 b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions; The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. i i i i Page 87 of 267 Bidder Status Form To be completed by all bidders Part A Please answer"Yes"or"No"for each of the following: ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). ❑ Yes ❑ No My company has an office to transact business in Iowa. ❑ Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and email. ❑ Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ❑ Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered"Yes"for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered"No"to one or more questions above,your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to I ! Address: City, State, Zip: Dates: 1 1 to 1 I Address: City, State, Zip: Dates: 1 I to l 1 Address: You may attach additional sheet(s)if needed. City, State, Zip: 4 To be completed by nonresident bidders Part C j 1. Name of home state or foreign country reported to the Iowa Secretary of State: i 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes [-] No 3. If you answered "Yes"to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s)if needed. To be completed by all bidders Part D 1 certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-5001 (09-15) Page 88 of 267 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes ❑ No My business is currently registered as a contractor with the Iowa division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners orjoint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revolted. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6009 (09-95} Page 89 of 267 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, 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 1, e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAREge 90 of 267 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 contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non- ' discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 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 E physical disabilities. E E (Signed) } (Appropriate Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 PAREIge 91 of 267 RESIDENTMON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified, NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 Page 92 of 267 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER 1 TITLE ' DATE i j}E fE { Page 93 of 267 NON-RESIDENT BIDDER CERTIFICATION CONTRACT NO.: PROJECT NAME: DATE OF LETTING: hereby certify that I am an Iowa non-resident bidder. f l 3 COMPANY NAME: j CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: Stated below are the preference(s) to resident bidders in the state/country of (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. i f E i k f t Page 94 of 267 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number( } _ Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer 1 Name of Project I Project Contract Number i Estimated Construction Work Dates ! Start Finish Section B to be completed by SUBCONTRACTORS only: B Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number( ) Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer - 1 Page 95 of 267 C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or ifcom company is a Y p Y branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY(Please read carefully.) I A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully 2 Page 96 of 267 realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. - 3 Page 97 of 267 D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write ,,NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. - 4 Page 98 of 267 K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. 3 M. Parity figures for companies located in Waterloo are as follows: l Minority Parity = .08 (8%) I s N. Affirmative Action (Name of Company) Employment Goals: 3 The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets,. reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201 , please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. i I *Goals for Minorities: % Goals for Women: % I *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201_. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as } required by City of Waterloo Resolution No. 1984-142(4). - 5 Page 99 of 267 CONTRACTOR'S TOTAL. WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS ,SOB CATEGORY RACE SEX WAGE I I i INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H 6 Page 100 of 267 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer E E Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: _ 7 _ Page 101 of 267 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the- job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. i 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. - 8 - Page 102 of 267 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and ' related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job : Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, i professional, technical, sales, office and clerical occupations. - 9 - Page 103 of 267 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, Contract No. 952, City of Waterloo, Iowa, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID TOTAL ITEM DESCRIPTION UNIT QTY 002 CLEARING AND GRUBBIN LS 1 003 SEED AND GERTILIZE (IDOT RURAL MIX) ACRES 1.6 004 MULCH (IDOT RURAL MIX) ACRES 1.6 005 STABILIZATION CRIP SEEDING AND FERTILIZING ACRES 1.6 007 9" DIA., STRAW FILLED WATTLES L.F. 735 i i i MBEIWBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer j Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street i Waterloo, IA 50703 Phone: (319) 291-4429 Page 104 of 267 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of(description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Company Name i Date Subcontractor's Signature s Date Prime Bidder's Signature 3 s I Page 105 of 267 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, 1 or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO-3 (1112812001) Page 106 of 267 LETTER OF INTENT TO BID (MBEIWBE LETTER) According to the Current MBEIWBE Contract Compliance Program - 2002, all MBEIWBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: I I Item No. Description: Item No. Description: ! k I Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 60703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) Page 107 of 267 U O ( U) U w N pC O N U Q 'O Z _ U �+ U N •Q C 40- ❑ ° ° Q O � E ca c r0wUUa) � m CL m fB OO m OL cUa�lm�( p.Lc¢ C C3 v O 0 .- -0 E rmmwC ° WS 0QE � av v Wca � s -p D LLJ -0 0 cu E L EL ° ~O 'O Q v OO� � wJ CL may ° Z c ° No © ) (i - N a) m aC+ CL a)CL C- C Otis w UJp v E � a) 0 N c) E O s y r G L q 0 -0 z to m ° Q c E H u°i c§ a) or a) fa 0 � � w a) � s � ° ZO yc' � aa) va � c m O c _ w L - = N M C u, � m C} � � � ecu COQ) � ❑_ � E E � y- Jm OL W N w N m O O O > N .� OL ro ° c6 1 r � -2 Q- QQ LWT mca00 a) c a) ^ o o 0 o W (D S V � D N Z ° � ccu ) :D c CL o � 0- 0) 70 7° �s c3 O � m -°o tc � E2 ALL Cr (DM N � a�ia�ia�iU 3 a mw � � ? u) jU to HO � � � � E U) r- w m � 3 � w vi-NFDQ. LL uiLIJ L 11J m fO c) N m ° W Z w ca � a o � � m � Z 3m 0'c .>_ Q NO o m Z � c o � � w m � �° .c s a � � m W Q L ° Qy N c � ° w E -c � � ani � c a z O C N `� [6 L ca LO a) E z O +' C a) p •s j Q a) $ (D 0 E c� m -a .0 iov � o O � CL o M ? • R ¢E ° S caCO O QM O C a) ° L m + QIm &- D) 0 E �a) ¢ U . _ W a) U) U C O C cr ° ) O " a) m O w ao - o �mm,;O0 �OoC eL) ct) .2 R 0 00 Q 3 uO ° zEVa) E o m W- C: � � >, o0 � �� � o W tf E �:a rp Q3 � -a 2 pa o 5 0 (U c O •— U O O Z o � Do _0 6 Qin � �' WLL E w a) O °� Q O � � o 0C) m cvc CL c0 � � � (D a0) 0 3 Q a V w C�] CO Cj � U N � U � � � � 0 � O � O m E � ( � O D U NQ aCQp m a O cr . a � O WLb ca U � — � E U - N U O OLL E >,a) vQ ° Z oQ -0 . -4E a) O = n U ° o aU �0. o 0 -0 W -° 0 > (D .0 '- a)o E y p ° � a� ULU 0 -0 4) 0 � a) go,o ° Eom w 00 C fooca � � Z° EZ c NU) U O a) w 0 SO 4 mcO� DWLL W m O ) U nQQ � UN O G CD a) C aCD ° Q) ) ❑ UC D C Ob O � a � C " W -0 cn Cro mE () 0 UN ; cu a) m ahO c vo Cl) �� n ro 3 AC) 16 a) o E " U cw c wUam 2 ui, -0 U>a 0 mO o -O U) a) w U (D ram cO OO w Q CO 4--a) UmN w aO Q ¢� cm U w r_ VoOMQ w -uEcO cwom o co o c - 0- m ca a) O ID < tmz � ❑ d ¢ 6 t5U -0mwC -2smCi � m CO O Uq O p U aa L m eU a) -Z3 Q O. a :3 m O - (a W > ) ) m ) ` ° w - ,c 0� a) ZA - NQ. U N 0 -0 0 c6 Z- d N L6 W H O U) r U- Page 108 of 267 E o N o b L rn O o O n o U 0 Q a m o L L O 0 .� o C) a O Q) O O U Q6 N p C O O) a ,C, O O G3 G N o W o > >' 0c O O O a) CO J a) Inp Up d A L Q 0 r - C 0)N cn -- w E U aD o 5 aiN E m C LL U Y O W at o o An -o ro c3a � � V �+ Na� IL a �Of � W 0 0oan °c W � mXoo WO Z GV co CD An 0 � co � r n - H W F CP w C C ' m n -4--b CaO >W 12 a)F- Q Ec 20 WW � Q 'E mai °cE Z � U N O �, Q u. w a �_ N Y (0 -0 O H WZ U mw A L N - = Z DQa LLI m ami ~ o o cum � o O � ` o �, a� v con -3 — W v, . r _ m r L E CL Z I/ LlIZ C � � ,oN Mous L Q m0 0 :E La� � 0E00 � � U) :E W ❑ Ln w Ern °} � a N -Om 0 mm Hm � � 0� "0 LU C: cm WW a � W 0 -Z � (D L o o Zm +r Zmmoa) (D opoQ A o a w o L U U c E C o Ow @ o U O � � W m U CD U) oc. -6 -pE wo m c: oaw m Q c J � o mom 'Do 0 m = 0 L 0 Q) s n asci o ° W a L 4 G J co U >,.� LL d C O Q N O W o ai z � am0 oo � cc�n o O � � U Lroo � E 1 (Etl V co C a) � O O ro N O p q 00 Z 30 O p O � +^ W C O "J U U cnw 0 O C " J -0 c U j U m C C r- -0 L 'Q cu o c � U O m '� 7 C N N a) O C C O O C O N ,r- _2 C ea U rnu v Z } w u 5E LL € Page 109 of 267 CERTIFIED MBE / WBE CONTRACTORS CITY OF WATERLOO, IOWA CONTRACT COMPLIANCE OFFICE Community Development Board Carnegie Annex,Suite 202 620 Mulberry Street Waterloo, Iowa 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.wplwloo.lib.ia.us/co_ntracteompliance/ Contact: Rudy Jones, Community Development Director Email: rudy.jones&waterloo-ia.or Phone: (319) 291-4429 Fax: (319) 291-4431 MBPIWBL Certified Contractors List Page 1 of 4 Page 110 of 267 CERTIFIED MISE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319)232-9808 Pager: (319)235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLA TWORK, POURED WALLS ALL TYPES, FOOTINGS,LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo,IA 50703 Phone: (319)493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETEPAVING,DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBE/WBE Ccrtified Contractors List Page 2 of Page 111 of 267 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone; (319)233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319)2332150 Contact: David L. Greer, Sr. Specializing in: ROOFING& GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319)215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLA TWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION MBE/WBE Certified Contractors List Page 3 of 4 Page 112 of 267 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 2329164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone: (319) 233-7481 Certified: City of Waterloo WBE Contact: Patricia J. Kimball Specializing in: STORM SEWER,INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319)233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486 e,cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING DENOTES WOMEN BUSINESS ENTERPRISE MBE/WBE Certified Contractors List Page 4 of 4 Page 113 of 267 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date 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 he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? i 5. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) i 7. General character of work performed by your company. i 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 this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGESPage 114 of 267 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. Dated at , this day of 201_. (Name of Bidder) By: Title: State of ) ss: County of ) being duly sworn deposes and says that 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 201 Notary Public My commission expires , STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PASSPage 115 of 267 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, Contract No. 952, City of Waterloo, Iowa, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a park of this contract and specifications are dated 2018. They have the general title of F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, Contract No. 952, City of Waterloo, Iowa. The drawings are numbered and separately entitled as follows: Sheet No. Description 1. Title Sheet 2. General Notes 3. Estimate Quantities and Bid Reference Notes 4. Bid Reference Notes 5. Project Layout 6.-8. Water Main Plan and Profile 9. Sewage Force Main Plan and Profile 10.-13. Details 14.-15. Erosion Control Plan The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS If there are conflicts between the Technical Specifications, General Special Provisions, Special Provisions, General Specifications, Supplemental General Specifications and Construction Plan Bid Reference Notes, the more stringent requirement, as determined by the Engineer, shall be required. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill GENERAL SPECIAL PROVISIONS CONTRACT NO. 952 - aae'19Wof 267 designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that The materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as non-salvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. I 7. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. GENERAL SPECIAL PROVISIONS CONTRACT NO. 952 Pa%211 of 267 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre-construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations GENERAL SPECIAL PROVISIONS CONTRACT NO. 952 -P e)If 5of 267 may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual ! on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 16. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established by the Owner's Representative and maintained by the Contractor. The Contractor shall pay for all re-staking. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. GENERAL SPECIAL PROVISIONS CONTRACT NO. 952 Page 4 of 5 Page 119 of 267 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection, but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2018 due to City holidays: September 4, November 23-24, and December 25-26. 3 i i I GENERAL SPECIAL PROVISIONS CONTRACT NO. 952 Page 5 of 5 Page 120 of 267 SPECIAL PROVISIONS SEWER AND STRUCTURES 1. SANITARY SEWER CONSTRUCTION Work to be completed under this provision shall include the installation of new sanitary sewer pipe and the testing of sanitary sewer construction. All construction and testing shall be constructed in accordance with City of Waterloo Standard Specifications except that laser alignment construction methods as approved by the Engineer shall be allowed. Testing of materials and installation shall be as per the City of Waterloo Standard Specifications except that deflection testing as described in Section V.A. of the Waterloo Standard Specifications for Sanitary Sewers shall be required as directed by the Engineer, on all "composite pipe" installed on this project. Pipe for sanitary sewers shall include the following revisions for the pipe specified in the Contract Documents: XXVII - SEWER AND MANHOLE MATERIALS A. Pipe for Sanitary Sewer REMOVE: 2. Flexible Pipes Polyvinyl Chloride (PVC) ADD: 3. Composite Material Joint Bedding and Pipes Specs. Secs. Installation Polyvinyl ASTM ASTM Class II Chloride D2680 D3212 ASTM D2321 (PVC) Composite except as modified by ASTM 2680 PVC material shall be cell class 12454B PVC compounds by ASTM D-1784. 4. For 18"—30" diameter pipe Flexible Pipes Material Specifications Polyvinyl Chloride (PVC) ASTM F949 or ASTM F679 SPECIAL PROVISIONS CONTRACT NO. 952 Page I of 6 Page 121 of 267 Joint Specifications Bedding and Installation ASTM D3212 ASTM D2321 and ASTM F477 PVC material shall be cell class 12454B PCV compounds by ASTM D1784 Deflection Test Specifications Mandrel (go/no go) Device 2. MECHANICALLY COMPACTED BACKFILL All excavations shall be mechanically compacted to ninety-five percent (95%) of Standard Proctor Density. At-2 to +4% of optimum moisture except the top 24"of subgrade in , street right-of-way which shall be compacted to 98% of Standard Proctor Density at-2 to +4%of optimum moisture. Payment for this work shall be incidental to the contract and no separate payment shall be made for compaction of backfill. 3. PAYMENT FOR SEWER PIPE i This paragraph shall apply to the unit prices of sanitary and storm sewer pipe and drain tile and appurtenances and restrict full payment of the unit bid price until street is completed and opened to traffic or surface is restored. By providing a breakdown on the unit price, the intent is to encourage the Contractor to promptly restore the trenches. The breakdown of the unit price does not give the Contractor the choice of eliminating a portion of the work under this unit price or delaying his schedule for reason of obtaining payment based on a certain percentage of his preference. Contract i for Sanitary or i Storm Work Performed Payment as % of Sewer&Drain Unit Price i A. Trench excavation, including removal 40% and stockpiling of crushed rock and/ or topsoil from existing street, removal of surfacing, laying of pipe, dewatering, pumping, and other work as described under sanitary or storm sewer pipe and drain tile and required for the laying of pipe, and placing two (2) feet of backfill above the top of pipe. B. Backfill of trench and compaction with 25% moisture and density control of pipe and appurtenances. If such compaction with moisture and density control is not required, 65% of the unit bid price will be paid when backfill is complete. SPECIAL PROVISIONS CONTRACT NO.952 Page 2 of 6 Page 122 of 267 C. Shaping of street surface ready to receive 35% paving or surfacing or natural grade including relaying of topsoil (where street surfacing will not be required) and all other work as further described in this paragraph. When all work is completed, payment shall be made on 100% of the unit bid price for sanitary, storm sewer pipe and drain tile. Removal of existing pipe shall be considered incidental to the construction of new pipe. 4. TRAFFIC CONTROL The Engineer, or authorized representative, shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance, penalties shall be assessed. Improper maintenance shall include,but not be limited to, the following situations: A. Less than 100 percentof lights in working order. B. Any barricade or sign moved or tipped over. C. Fencing not supported in a vertical position. D. Fencing not placed around excavations when workers/equipment are not working at the location. E. Lack of proper barricades or signage. I I Each incident is treated as a separate citation on an individual basis. It is not intended that minor deficiencies be price adjusted if corrected the day notification is given. In addition to a price adjustment, the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures. Penalties: 1st Offense Written warning given by City. 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $1,000 6th Offense Engineer's discretion(amount or more equal or greater than$1,000) 5. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of$500.00 per day, for each day, as further described herein, in excess of the authorized time. SPECIAL PROVISIONS CONTRACT NO.952 Page 3 of 6 Page 123 of 267 Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does, or could have worked from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sundays if no work is done, and legal holidays, Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. In addition to these liquidated damages, the Contractor shall reimburse the City for all claims and costs that the City incurs from landowners and/or tenants of effected properties that the landowners and/or tenants are not able to plant, cultivate or harvest because of the Contractor not completing the project within the intermediate and/or total contract completion dates specified. 6. HAUL ROUTES Haul routes to and from the project site shall be submitted for review by the Engineer. In li general, the Contractor shall request haul routes over the main streets in the area, staying on streets within the project as much as possible and should not include truck-embargoed streets. 7. ARTIFICIAL LIGHTING No artificial lighting will be allowed during construction of this project. S. STANDARD SPECIFICATIONS The Standard Specifications which are referenced in the contract documents are designated as follows: WATERLOO STANDARD SPECIFICATIONS - "Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa." IDOT STANDARD SPECIFICATIONS - "Standard Specifications for Highway and Bridge Construction, Iowa Department of Transportation,Ames, Iowa, Series of 2001 (unless otherwise noted) and current revisions thereof. SUDAS - "Iowa Statewide Urban Standard Specifications for Public Improvements" SPECIAL PROVISIONS CONTRACT NO.952 Page 4 of 6 Page 124 of 267 9. QUANTITY ADJUSTMENTS The following Bid Items are exempted from consideration under the provisions of Section B. "Scope of Work," Paragraph 7 of the "General Specifications for Construction" concerning the variance of the "As-Built" quantity of the listed item by more than twenty (20%)percent from the estimated quantity specified in the contract: BID TOTAL ITEM DESCRIPTION UNIT QUANTITY 003. Seed and Fertilize(IDOT Urban Mix) Acres 1.5 I 004. Mulch (IDOT Urban Mix) Acres 1.5 005. Stabilization Crop Seeding and Fertilizing Acres 1.5 007. 9"Dia., Straw Filled Wattles L.F. 500 I 012. Macadam Stone Base TONS 300 10. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The Prime Contractor shall be required to perform at least 51 percent of the total contract amount of this project. Purchasing of materials for subcontractors will not be an acceptable method for the prime contractor to meet the 51 percent requirement. 11. VOLUNTARY PARTNERING The City of Waterloo intends to encourage the formation of a partnership with the contractor and its principal subcontractors. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutually beneficial goals. The objectives are effective and efficient contract performance and completion within budget, on schedule, and in accordance with plans and specifications. This partnership will be multi-lateral in makeup, and participation will be totally voluntary. Any cost associated with effectuating this partnering will be agreed to by all parties and will be shared equally by the participating parties. The establishment of a partnership charter on this project will not change the legal relationship of the parties to the contract nor relieve the parties from any of the terms of the contract. 12. DEWATERING The Contractor's attention is directed to the existing surface water and ground water conditions at the project. Surface water and ground water is present in the work area and will effect working conditions at the site. The Contractor is required to provide and use all necessary materials, equipment and labor necessary to complete all portions of the project SPECIAL PROVISIONS CONTRACT NO. 952 Page 5 o%ge 125 of 267 as per the plans and specifications at no additional cost attributable to surface and ground water. All sanitary sewer and manholes shall be constructed in a dry trench. 13. TOPSOIL, STRIPPING, SALVAGING AND RESPREADING Topsoil stripping, salvaging and respreading is incidental to sanitary sewer construction. The Contractor shall strip topsoil to a depth of 12" for the full trench excavation width plus a minimum of 24" on each side of all excavations and in all areas where subsoil is to be stockpiled. Said topsoil shall be separately stockpiled away from the subsoil and shall be evenly respread over the backfilled trench and subsoil stockpile areas to a minimum rolled, in-place thickness of 6", The topsoil shall not have any bedding stone within said top 6" and shall not have any field stone larger than 3"in any dimension within said 6". The Contractor shall grade the finish surface of all topsoil Respread areas to the original contours of the land prior to construction and in a manner to provide a suitable seed bed for subsequent seeding. Payment for all of this work shall be incidental to sanitary sewer construction and no separate measurement or payment shall be made. 14. WORK LIMITS The Contractor shall confine his/her work to the work limits shown on the Plans and shall not enter adjoining property without obtaining the landowner's written permission and providing this written permission to the Engineer for review. All damages to adjoining property shall be restored to said landowner's satisfaction and the Engineer's satisfaction. SPECIAL PROVISIONS CONTRACT NO. 952 Page 6 o%ge 126 of 267 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. GENERAL SPECS Pagel Jae 127 of 267 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually GENERAL SPECS Page 2 Pfaje 128 of 267 been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK I i 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. I 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the f nature, character and location of the work, the conformance to the ground, the f character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution 1 of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the GENERAL SPECS Page 3 of18Page 129 of 267 Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. i 6. CHANGES IN THE WORK. The City, without invalidating the I contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. t 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. I 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319- 232-6280. GENERAL SPECS Page 4 of 18 130 of 267 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 1 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. GENERAL SPECS Page 5 gage 131 of 267 Materials and construction work shall, at all times, be subject to the inspection of p the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re- examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. GENERAL SPECS Page 6 galae 132 of 267 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. i The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all ? satisfactory to the Engineer. The Superintendent shall not be changed except 1 with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions 1 shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will GENERAL SPECS Page 7 Wae 133 of 267 not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. j Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions GENERAL SPECS Page 8 IQ& 134 of 267 of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re- employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve i both such action and the amount charged to the Contractor. I i SECTION D - PROCEDURE AND PROGRESS i 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. GENERA. SPECS Page 9 �a& 135 of 267 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one-eighth (118) of the work shall be completed; at the expiration of one-half (112) of the contract period, three-eighths (318) of the work shall be completed; at the expiration of three-fourths (314) of the contract period, the work shall be three-fourths (314) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. GENERAL SPECS Page 10 iga1ae 136 of 267 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. i 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. GENERAL SPECS Page 11 Nab 137 of 267 Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. GENERAL SPECS Page 12 age 138 of 267 No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or �I point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of GENERAL SPECS Page 13a89 e 139 of 267 the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to j adjacent property due to the acts or negligence of his employees of the ! prosecution of his work, and save the City harmless therefor. i The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk 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 a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or GENERAL SPECS Page 14 Kdae 140 of 267 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 General Aggregate Limit $ 5,000,000.00 Products—Completed Operations i Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5 ,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured". 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 shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on GENERAL SPECS Page 15 Rage 141 of 267 Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or i assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. GENERAL SPECS Page 16 age 142 of 267 The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three--one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. I If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. GENERAL SPECS Page 1 79$ age 143 of 267 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 3 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 1 3 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS Page 18f 18 Wage 144 of 267 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. I b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment SUPPLEMENTAL GENERAL SPECIFICATIONS Page 145 of 267 installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPPLEMENTAL GENERAL SPECIFICATIONS Page 146 of 267 SS-2013-07-22 CITY OF WATERLOO, IOWA SUPPLEMENTAL SPECIFICATION FOR SANITARY SEWERS AND CONSTRUCTION MATERIALS Effective Date July 22, 2013 THE STANDARD SPECIFICATIONS FOR MUNICIPAL PUBLIC WORDS CONSTRUCTION ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SUPPLEMENTAL SPECIFICATIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. 1, SPECIFICATIONS FOR SANITARY SEWERS SECTION V. TESTING A. Deflection Testing The first paragraph shall be revised to read as follow: Deflection tests shall be performed on all composite and flexible pipes. The deflection test shall be conducted after the final backfill has been in place at least thirty(30) days. 2. SPECIFICATIONS FOR CONSTRUCTION MATERIALS SECTION XXVIL SEWER AND MANHOLE MATERIALS i A. Pipe for Sanitary Sewers 1 Delete the following: 2. Flexible Pipes Material Specification Joint Specification Polyvinyl ASTM D3034-77 ASTM D3212-76 Chloride ASTM C3033-77 ASTM D2855-77 (PVC) (SDR< 35) Page I of 2 Page 147 of 267 Add the following: 2. Flexible Pipes 18" 36"Diameter Polyvinyl Chloride (PVC) Material Specification Joint Specifications Bedding and Installation ASTM F949 ASTM D3212 ASTM D2321 and ASTM F477 PVC material shall be cell class 12454B with PCV compounds by ASTM D1784 3. COMPOSITE PIPES Delete the following: Composite Pipes Material Specification Joint Specification Acrylonitrile ASTM D2680-76 ASTM D2680-76 Butadiene Styrene(ABS) Composite Add the following: j 3 Composite Pipes 8"-15"Diameter Polyvinyl Chloride(PVC) Composite Material Specifications Joint Specifications Bedding-and Installation ASTM D2680 ASTM D3212 ASTM D2321 and ASTM F477 PVC material shall be cell class 12454B with PVC compounds by ASTM D1784 Page 2 of 2 Page 148 of 267 IOWA DNR NPDES GENERAL PERMIT TO BE INSERTED HERE Page 149 of 267 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION CITY OF WATERLOO, IOWA CONTRACT NO. 952 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2019 WATERLOO YARD WASTE WATER AND SANITARY SEWER EXTENSION, CITY OF WATERLOO, IOWA, CONTRACT NO. 952 and furnish all necessary tools, equipment, materials: and labor necessary to do all the work called for in the plans and specifications in a workmanlike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ; ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES Page 150 of 267 PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before 2019 unless an extension of time is granted in writing by the Council of the City. PARS Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 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 passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 QFI ag e 151 of 267 r PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that i the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. ' i PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work I either by contract or as it may elect, and the Contractor and the sureties on j its bond shall be liable to the City for the costs and expenses so paid out. I Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 152 of 267 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is$- PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PA ES Page � 3 of 267 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: E Title: E i Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa t i 3 3 I� FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 154 of 267 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract")dated on or about for the purpose of F.Y. 2019 Waterloo Yard _Waste Water and Sanitary Sewer Extension, City of Waterloo, Iowa, Contract No. 952. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 Page 155 of 267 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name Name i By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. (f this project includes Federal Funds, the fp;f lowing applies to. the.payment boric:; IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 156 of 267 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and, (Name of Surety) (Address of Surety) I hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ } in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension Contract No. 952, City of Waterloo, Iowa. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract Gage'"x"57 of 267 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Principal (Principal)Secretary (SEAL,) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 1f this prpject Includes. Federal Funds, the following appllps to the payment bond` IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 158 of 267 CITY OF WATERLOO Council Communication Resolution approving request to hold MDA Boot Block on August 17, 24 and 31, 2018 and September 7, 2018 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin& E. 3rd Streets, Ansborough& Downing Avenues, LaPorte Road and San Martian Drive, and Kimball& Ridgeway Avenues. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date Fire R a;sette "ll rreioar, Fri tall Approved 8/l/2018 �2,:�3 P t. erk Office Even, 1-eAnn:n Approved 8/p/2018 12„24 P ATTACHMENTS: Description Type DA.lnnwntllrance, Me nio Resolution approving request to hold MDA Boot Block on August 17, 24 and 31, 2018 and September 7, 2018 from 3:0012.m. to 6:0012.m., at the SUBJECT: intersections of Franklin& E. 3rd Streets,Ansborough& Downing Avenues, LaPorte Road and San Marnan Drive, and Kimball& Ridgeway Avenues. Submitted by: Submitted By:Pat Treloar; Fire Chief Recommended Action: approve This year, as always, we will place an emphasis on firefighter safety as well as the safety of commuters from the city. We will accomplish this by wearing high visibility vests and by using signage prior to our collection points. MDA will again provide an insurance policy. Summary Statement: We would like to thank the City of Waterloo and the patrons of our city for their continued support and generosity in our efforts to raise money to assist those with neuromuscular diseases. Waterloo has continually been one of the top fundraisers in the state. Last year the citizens of Waterloo gave over $20,000 to fight muscular dystrophy. The MDA Coordinator for Local 66 is Jared Bargman. Page 159 of 267 ACC CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDNYYY) 7/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT USI Insurance Services LLC NAME:. .Vicki Negbee„ 2375 E. Gamelback Road#250a 6Q2-749-4211 a('Ic"Noy: _._.. _ EMAIL Phoenix Office ADDRESS„ Vickl.negbee0�7USI.COm Phoenix AZ 85016 INSURERS)AFFORDING COVERAGE NAIC# INSURER A. Philadelphia Indemniky Insurance Co. 18058 INSURED MUSCUDYS1 „ Muscular Dystrophy Association, Inc. INSURER B . __............._._ .. _ 222 South Riverside Plaza #1500 INSURER C Chicago IL 60606 INSURER D: INSURER F; COVERAGES CERTIFICATE NUMBER:834388723 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR,THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --._...._._..............................._.. .e INSR ADDL SUER___....__........._, __._._..._..._._.— POLICY EFF POLICY EXP-���� �-���-�-���'���--�� �--_'-- LTR TYPE OF INSURANCE IN POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Pi 795114 411/2018 4/1/2019 EACH OCCURRENCE $1,000,000 .. — W A A E T6_RENTeb _...''... ." CLAIMS-MADE X OCCUR PREMISES(Ea occurrenre $1,000,000 X 15,000 .MED EXP(Any,one person} $20,00 0 PERSONAL.&ADV INJURY $1,000,000 $2.000,000 GEN'L AGGREGATE DROIT APPLIES PER: GE NERALAGGREGATE POLICY EJECT JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ „(Ea accident) _ _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident mm AUTOS ONLY AUTOS ) $ HIRED NON-OWNED PROPERTYDAMAGF AUTOS ONLY AUTOS ONLY4P $er accidenk . UMBRELLA UAB OCCUR _ EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OT I- AND EMPLOYERS'LIABILITY Y/N ,,. STATUTE,__ I ER _-...._...,,,. ANYPROPRIETORIPARTNER/EXEC 11TIV E OFFICER/MEMBEREXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH)' E.L.DISEA. DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD'001.,Additional Remarks Schedule,maybe attached if more space is required) The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract or agreement that requires such status, and only with regard to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. Workers Compensation is evidence only, The City of Waterloo IA is added as additional insured with respect to the Waterloo Fire Fill the Boot event taking place August 17,24, 31 and September 7, 2018.At Franklin/E. 31 La Porte/San Marnan, Kimball/Ridgeway,Ansborough/Downing,4th Ave/Lafayette S. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Waterloo ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St AUTHORIZE REPRESENTATIVE Waterloo IA 50703 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 160 of 267 POI-ICY I�JIJMBERf PHPK1 795114 COMMERCIAL GENERAL LIABILl"rY CG 70 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT' CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS 'This endorsement n,*dlies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any State or Political Subdivision if required by a signed contract or agreement Information required to comPlete this Sdvadule, if rrot shown above,will be shavin in the Declarations. A, Section 11— Wio Is An I nsured is amended to 2. This insurance doesrx)t apply to: include as an addifioral insured any state or a, "Bodily injury', "property darnage" or governmental agerlCy 01' SLbdivinion or political «,F,*rsonal airadvertising injury"arising out swbdivision shown in the Schedule, subject to the of operaflons performed for the federal following pro visions� government, state or municipality; or, 1. 'This insurance appfies only with respract to b. "Bodily in ury" or, "property darnage" operations perfortned by YOU or on your Wolf for which the state or, governmental agency or included withfiri ttx�, "products-completed subdNision of,polffical subcfivision has issued a operabons h,,azard', rx-rniit or authorization, S. With respect to the irisurartce afforded to these additional insureds, the followim.; is added to Hcm,evev Section III—Limits'Of Insurance:, a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or, agreernent, the rnost we by la and wi4 pay on txqW1, of the additional inSUred is the b. If coverage provided to the additiork3l arnount of insurance, insured is required by a contract or I Required by the contract or agreernerd„ or agreerre,rq, the insurance afforded to such additional insured will not be broader than Z Available under the apply cable Limits of that which you are required 1:N the contract Insurance shown in the Declaratiorrs; or agreerr*nl to provide for, stxh additional whichever i,,; buss,. insured I'his endorsement shall not increase thle applicable Urnits of Insurance ,;hoer n rn the Declarations CG 20 12 04 13 0 Insurance Services Office, lnc , 2012 Page 161 of 267 CITY OF WATERLOO Council Communication Request from Downtown Waterloo Urban Fariners Market for street closure of Jefferson Street from Park Avenue to W. 3rd Street on Saturday August 11, 2018 from 6:30 a.m. to 1:00 p.m. City Council Meeting: 8/6/2018 Prepared: 8/2/2018 REVIEWERS: Department Reviewer Action Date 110 ice i)epamrfiTme t Moo is, Dave App roved 8/2/2018 tl2-2 i PM (erk Officm, 1' mm(::y pt)roved 8/2/2018 �2:33 PM ATTACHMENTS: Description Type 1)owrrttowrn Il^amrrniers Mammk:ett 8 I ll...GB Coven Menlo Request from Downtown Waterloo Urban Farmers Market for street closure SUBJECT: of Jefferson Street from Park Avenue to W. 3rd Street on Saturday August 11, 2018 from 6:30 a.m. to 1:00 p.m. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Farmers Market temporary street closure on August 11th, from 6:30 a.m. to 1 p.m. of Jefferson from Park Ave to W. 3rd Street, city barricades needed. Summary Statement: This event is usually held at the Riverloop Expo Plaza, but is being moved due to another event at that location. Expenditure Required: Placement and retrieval of city barricades Source of Funds: General Page 162 of 267 Mohlis, Dave From: KENT SHANKLE <KENT.SHANKLE@WATERLC)O-lA,C)RG> Sent: Thursday, August 2, 2018 11:03 AM To: Mohlis, Dave Subject: FW: street closure request Hello Dave, I see that this is not on the agenda for next Monday and that the items which are on were submitted by you. Should I be directing such requests to you instead of Joe? Please let me know.We are hoping to get this added to the agenda.Thanks! Kent Shankle, Director Waterloo Center for the Arts 225 Commercial Street Waterloo, RA 50701 Phone: 319-291-4490 e)tt. 3448 Email: kent.shanki at Website. miter w.vvmaterlooceitteirforthearts.o .............r2 The Waterloo Center for the Arts stimulates inquiry, provokes dialogue and connects people through the arts. From: KENT SHANKLE Sent: Wednesday, July 25, 2018 8:12 AM To: Joe Leibold Subject: street closure request Good Morning Joe, Downtown Waterloo Urban Farmers Market would like to request closure of Jefferson Street between West Park Avenue and West Third Street On Saturday August 11t"from 6:30 am until 1:00 pm for their market. They will be displaced from their usual location on the RiverLoop Expo Plaza due to a large event rental on that day. Could you make arrangements to get this approved? Kent hankle, Director Waterloo Center for the its 225 Commercial Street Waterloo, IA 5070-1 Phone. 319-291-4490 ext. 3448 Email. kerwt.shankle waterloo-la. Website: yup ww.m,pateiirlooceoiterforthearts.or_q "The Waterloo 0,*nter for the Arts stimulates inquiry, provokes dialogue and connects people through the arts. Page 163 of 267 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date 1^c:g dmnee6iigg i p g,[.)y, N ammaay A.pproved 8/G/20 V 8 .. 9.56 A ATTACHMENTS: Description Type ❑ 1:3orids for c,otu-: fl aaplprovaap 8.6.18 13aac°kup:r l amteilaap SUBJECT: Bonds Page 164 of 267 BONDS FOR COUNCIL APPROVAL August 6, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 3399051 DENNIS EVEN GILBERTVILLE, IA Page 165 of 267 CITY OF WATERLOO Council Communication Amendment No. 5 to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to expand the boundaries and update projects and include additional projects and update related financial information, and include other general updates to the Plan. City Council Meeting: 8/6/2018 Prepared: 6/26/2018 REVIEWERS: Department Reviewer Action Date 1° aaauan'iuIg& zona ang Sdp roederr, A.ric Approved 7/31/2018 ... 11.38 AM Q. Ilerrp< Office Eveam, L_eA.uiri Approved p1/1/2018 ... 11-.58 Aad ATTACHMENTS: Description Type N1° No as Backuup MaatreirW P Z Mcnao Backup Materiaall ❑ aaeirp,,fl Backup 1" ate iaall paictu:un:es Backup Materiaall Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning Progumming and Zoning Commission. Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary . the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Motion to receive, file, consider and pass for the first time an Ordinance SUBJECT: providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo. County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa of Waterloo. County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Page 166 of 267 Recommended Action: Approval The City of Waterloo recently approved a purchase agreement with John and Dessie Rottinghaus to purchase 19.08 acres of land along North Elk Run Road. The acquisition is contingent on the area being annexed into the City of Waterloo, and the Northeast Industrial TIF District expanded to include the site, so that TIF funds can be utilized to acquire the site. The City has initiated steps to annex the land, but has obtained consent of Black Hawk County for both the annexation and the TIF expansion, so that we can proceed with the TIF expansion prior to completion of the annexation. The acquisition area is approximately 19.08, while the annexation is approximately Summary Statement: 20.22 acres, as it includes adjoining right-of-way of North Elk Run Road. The TIF expansion area is approximately 24.57 acres, as it includes additional right-of-way of North Elk Run Road. Amendments to a TIF Plan require a consultation with taxing entities, which was held on July 17, 2018. The amendment will also update projects and include additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission reviewed the proposed amendment at their regular meeting on June 5, 2018 and unanimously recommended approval of the amendment. Expenditure Required: None Source of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: See Attached Page 167 of 267 Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA,50703 319-291-4366 Return to preparer after recording. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 5 - 2018) Page 168 of 267 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the City of Waterloo should develop the Northeast Industrial Area into a nationally recognized industrial park. This is made possible with the construction of North Elk run Road, the sewage lagoon, and the proposed Martin Luther King Drive. The Northeast Industrial Area Urban Renewal and Redevelopment Plan presents a proposal for the location of an industrial park on various lands at and near the Northeast Industrial Area. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project-by-project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan,pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 169 of 267 TABLE OF CONTENTS I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA-ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING &ZONING COMMISSION RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 170 of 267 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING L. BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AND TIF DISTRICT, AMENDMENT NO. 5 3 Page 171 of 267 I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description(See Attachment`B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Northeast Industrial Area Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Northeast Industrial Area Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. 4 Page 172 of 267 (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Northeast Industrial Area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision,removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Northeast Industrial Area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, rail, traffic control,parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All of the objectives adopted by the original plan adopted in 1993, Amendment No. 1 adopted in 2004, and Amendment No. 2 adopted in 2015. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. C. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan in that both strive to: 5 Page 173 of 267 a. Maintain the City's role as a regional center of commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. C. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets,rail, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, rail access, etc. C. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land-offering price, to provide for 6 Page 174 of 267 necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the Northeast Industrial Area. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. C. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. 7 Page 175 of 267 The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Northeast Industrial Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Northeast Industrial Area. The known and anticipated projects are listed in Attachment D. In the future this list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets,rail, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds,potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Northeast Industrial area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, rail, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan I. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo Planning, Programming and Zoning Commission (when required) and a public hearing is held. 8 Page 176 of 267 F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment «F») G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment"C" attached to the latest Plan amendment. II. PROJECT BUDGET A. Narrative The Northeast Industrial Area Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed,but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known and anticipated projects are listed in Attachment"D". 1. Acquisition of property. 2. Tax rebate program The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10)years, or twenty(20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2)to pay off public improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the 9 Page 177 of 267 total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of 5500.00. This program is not applicable to the Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers,parking, streetscape, bridge improvements, skywalks, sidewalks, rail, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets,rail, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements,parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 10 Page 178 of 267 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, HQJC, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A-K. A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming &Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting Tax Increment Financing District K. Notice of Public Hearing L. Black Hawk County Consent to Northeast Industrial Area Urban Renewal and Redevelopment Plan and TIF District, Amendment No. 5 11 Page 179 of 267 c a Q x rn c LU J p =3 J O mi o c am p , S'O v W N CL U p v £w z x O ■ i d Lu co Ln LL 0 w LL CL z o x W ° J i- Z W z __ �._ _� A..1 •-••- -�W O8N(1a>1-73�'N m 'N RONi to NOOA_L ■ 41 �V J H M ■ �� GJ j wt�j l0 ■ O V W o V S( L CA. �Jo� �G V� z y z d rL -LU zi OMi , I ca w ' v N7b00383a z .......... :.. ...... .. II it z } r. 4-0 �11, L C/) Y .W OW W -j Z W- ao lSb3HlaON ;"aO1SH3HlaON CO W holo.,. .. o z - __ ....{ ,, co .:3n v doHsia w - Ni laedwea �. � z W. 11 11 Lu Lu � mHIM I Attachment B NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1993) (Oripainal Subarea) Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t"Principal Meridian in the City of Waterloo,Black Hawk County,Iowa, described as follows: Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,thence West along the South line of said Section to a point that is sixty-six(66)feet West of the West line of the East one-half (1/2) of the Southeast quarter(SE 1/4) of said Section,thence North along a line sixty-six(66)feet West of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half (1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section 20, thence West on said South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said right-of-way line to its intersection with the West line of the East one quarter(1/4) of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4) of the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast quarter(SE 1/4)of the Northeast quarter(NE 1/4) said Section,thence West along the South line of the North one-half(1/2) of said Section to the West line of said Section, thence North along the West line to the Northwest corner of the Southwest quarter(SW 1/4) of the Northwest quarter(NW 1/4) said Section,thence East one hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West line of said Section to the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section, thence North along the West line of Section 15,Township 89, Range 12 to the Northwest corner of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section, thence East along the North line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) to the Northeast corner of said quarter(1/4)quarter(1/4) said Section,thence South along the East line of the Southwest quarter(SW 1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its intersection with the East line of the Southeast quarter(SE 1/4) of the Southwest quarter(SW 1/4) of said Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South following the current(1992) Corporate Limits of said City to the South line of Section 15, said line also being the North line of Section 22,Township 89, Range 12,thence continuing South along the East line of the Northeast quarter(NE 1/4) of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range 12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West 166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55"West 174.45 feet,thence North 32°18'09"East 115.17 feet, thence North 57°10'27"East 111.27 feet to the South line of the Union Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86°28'27"East 190.29 feet, thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet, thence South Page 181 of 267 40°08'51"East 145.09 feet, thence South 24°47'31"East 141.92 feet, thence South 9°45'15"East 287.51 feet,thence South 0°06' West 261.27 feet,thence South 14°18" West 256.24 feet,thence South 65.02 feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right- of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East 165 feet,thence South 0'07'14"East 777.35 feet,thence South 81°02'06" West 255.19 feet,thence South 94.32 feet to the South line of the Northwest quarter(NW 1/4) of said Section,thence West along said South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22, Township 89, Range 12,thence North along said West line to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township 89, Range 12 to its intersection with the West line of Southeast quarter(SE 1/4) of the Northwest quarter (NW 1/4), of Section 21,thence South along said West line to the Northwest corner of the Northeast quarter(NE 1/4) of the Southwest quarter(SW 1/4) said Section,thence East along the North line of the Southwest quarter(SW 1/4) of said Section to the center of Section 21, said point also being a point on the corporate liinit line of Waterloo,thence South along the East line of the Southwest quarter(1/4) of said Section to the South line of said Section, thence West along the South line of Section 21 to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017)) That part of Section 21, Township 89 North, Range 12 West, as follows: The Southeast '/4 of said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and except the East 332 feet of the South 693 feet of the Southwest '/4 of the Southeast '/4 said Section. And, That part of Section 20, Township 89 North, Range 12 West, as follows: Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said Section,thence North along the West line of said Section to the West '/4 corner of said Section,thence East along the centerline of said Section to the point where it intersects the Northwest corner of the Northeast'/4 of the Southeast'/4 of said Section,thence South along the West line of the Northeast'/4 of the Southeast '/4 of said Section to the South line of the Union Pacific Railroad Right of Way,thence Southwesterly along said South Right of Way line to the South line of the North'/Z of the Northeast'/4 of the Southwest '/4 of Section 20 Township 89 Range 13,thence East along the South line of North ''/z of the Northeast '/4 of the Southwest''/4 and the South line of the North%z of the Northwest'/4 of the Southeast '/4 to its intersection with a line 66 feet West of and parallel to the West line of the East '/z of the Southeast '/4 said Section,thence South along said parallel line to the South line of said Section,thence West along the South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue),thence Northerly along the centerline of Northeast Drive, as now established,to North line of the South 990' of said Section,thence West along the North line of the South 990' of said Section to the point of beginning, all in the City of Waterloo,Black Hawk County, Iowa. Except the following areas removed from the Amendment No. I area by Amendment No. 3 (2017): Page 182 of 267 The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. Also except a parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21,Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. Also except that part of the above described Amendment No. I area located in Section 20, Township 89 North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,but not excepting that part of the West%of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and not excepting that part of the North 5 acres of the West '/2 of the Southeast '/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive(formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12 West of the Fifth Principal Meridian,Waterloo, Black Hawk County Iowa, lying North of the Union Pacific Railroad Right-of-Way, except the North 990 feet thereof. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth Principal Meridian, Black Hawk County,Iowa. And, A parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County,Iowa, more particularly described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder. And, That part of the above described Amendment No. I area located in Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa, except that part of the West ''/z of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and except that part of the North 5 acres of the West '/z of the Southeast'/4 of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop Avenue), and except the Union Pacific Railroad Right of Way. Page 183 of 267 Amendment No. 5 area (2018) (Amendment No. 5 Subarea) The Northwest '/4 of the Southwest '/4 of Section 15, T89N, R12W, Except the North 1/2 thereof, Black Hawk County, Iowa. And, That part of the right-of-way of North Elk Run Road described as follows: Beginning at the Southeast Corner of Section 16, T89N,R12W,thence West along the South line of said Section 16 to its intersection with a Southerly extension of the Westerly right-of-way line of North Elk Run Road,thence Northerly along said Southerly extension of the Westerly right-of-way line of North Elk Run Road and the Westerly right-of-way line of North Elk Run Road to its intersection with the Westerly extension of the South line of the North '/2 of the Northwest'/4 of the Southwest Quarter of Section 15, T89N, R12W,thence Easterly along said Westerly extension to its intersection with the East line of said Section 16,thence South along the East line of said Section 16 to the Point of Beginning, City of Waterloo,Black Hawk County,Iowa. Page 184 of 267 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2015 January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165 Legal Bonding Rate 5% Legal Bonding Limit $ 188,507,108 Less Outstanding G.O. & Other Debt ($ 94,503,764) Unused Gross bonding Capacity $ 94,003,344 50% of legal limit Page 185 of 267 Attachment D- Northeast Industrial Park Amendment No. 5 (2018) Project Proposals Proposed Budgets 1) Future or Anticipated Acquisition $2,800,000 2) Future or Anticiapted Demolition $500,000 3) Site Improvements, platting $2,000,000 4) Water&Sewer $2,000,000 5) Legal fees, consulting fees, and related expenses $500,000 associated with administration and operation of the Urban Renewal Area 6) Miscellaneous (certification, environmental) $300,000 7) Railroad extension $700,000 8) Twin City Tannery- rebates $61,000 9) Veteran Enterprises- rebates $70,000 10) Ferguson Enterprises- rebates $625,000 11) Eagles Wings (Harris Cleaning) - rebates $40,000 12) ConTrol - rebates $150,000 13) Heavy water prospect- infrastructure and rebates $500,000 14) Light Industrial prospect- rebates $1,800,000 15) Rottinghaus Acquisition $400,000 Total $12,446,000 Page 186 of 267 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo,plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety(90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty(30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). 16 Page 187 of 267 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program,persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Community Planning&Development Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Community Planning & Development Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. 17 Page 188 of 267 ATTACHMENT G A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 5 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Long Range Use Plan for this area, NOW THEREFORE, BE IT RESOLVED that the Northeast Industrial Area Urban Renewal and Redevelopment Plan Amendment No. 5 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2018. Craig Holdiman, Chairperson ATTEST: Aric Schroeder, Secretary CERTIFICATE We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning Programming &Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming &Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Craig Holidman, Chairperson Aric Schroeder, Secretary 18 Page 189 of 267 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES 19 Page 190 of 267 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING 20 Page 191 of 267 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING 21 Page 192 of 267 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING 22 Page 193 of 267 ATTACHMENT"L" BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AND TIE DISTRICT,AMENDMENT NO. 5 I The undersigned Black Hawk County hereby consents to the City of Waterloo, Iowa, to include the territory illustrated by the map in the attached Exhibit`°A" and that has been legally described in the attached Exhibit"B"in the Northeast Industrial.Area Urban Renewal and j Redevelopment Plan and TIF District,Amendment No. 5. i Said consent to include the territory in the TIF District is to comply with Iowa Code Section 403.6 and 403.17 for an "area of operation" for an urban renewal project. By: Date: " t Craig chair, Black Hawk County Board of Sup6 iso I 1 Page 194 of 267 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • NOEL ANDERSON,Community Planning&Development Director DATE: June 1, 2018 Mayor TO: Planning and Zoning Commission Members QUENTIN HART From: Aric A. Schroeder, City Planner COUNCIL RE: Proposed Expansion to the Northeast Industrial Area Urban Renewal and MEMBERS ................... Redevelopment Plan and TIF District—Amendment No. 5 MARGARET KLEIN Planning staff is proposing to amend the Northeast Industrial Area Urban Ward I Renewal and Redevelopment Plan and TIF District to expand the TIF District by BRUCE one additional parcel, and right-of-way of North Elk Run Road. The expansion JACOBS represents a proposal for the improvement and location of commercial and Ward industrial development and provides for public improvements in order to increase PAT the tax base and employment opportunities in the Northeast Industrial Area MORRISSEY Urban Renewal and Redevelopment Plan area. Ward 3 JEROME The expanded area would include a 19.08 acre parcel of land on the east side of AMOS North Elk Run Road,just northeast of 4455 Remington Road, and a portion of Ward North Elk Run Road right-of-way, for a total area of 24.57 acres. The parcel is CHRIS currently owned by John and Dessie Rottinghaus and the City of Waterloo has an SHIMP agreement to purchase the property. The property, along with the adjacent right- Wards of-way of Elk Run Road, are proposed to be annexed into the City of Waterloo SHARON UON and included in the TIF District, and would be available for future development. The amendment will also update projects and project budgets to be included in the JAUON Plan, and include other general updates to the Plan. STEVE Attached is a map showing the proposed expansion area for Amendment No. 5. SCHMITT At-Large If you have any questions on the amendment, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! Page 195 of 267 An Equal Opportunity/Affirmative Action Employer g City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 II iywrr �!J'J � ��/'li, °'Ni�9 ., , i ��I'Y� t' Ul/` rh"1 rr�"'.Id sw i,", ��, i rvoiryrVi✓��, �,Ir'tlr �I; H N � pl !o ; IIIA s 7/,i V" IJ GI r /r r " Area in Question REMINGTON RD REMINGTON RD REMINGTON NEWELL ST NEWELL ST ,;,.NEWELL ST„„ ,„ NEWELL ST NEWELL ST,, NE J Exl In T F Ar �N. ✓ �, „ ,:. 6 ,ll„�/r //... ,.,earl-,. � / / ,� / �I� Nv r / w� l /,. ;4:5.1°i110� e� N NW of 4455 Remington Road W E Urban Renewal Area and TIF s Expansion 5 250 o eoo • City of Waterloo Feet , ' Page 196 of 267 TIF Expansion — N or 4455 Remington Road WIN Looking southeast from North Elk Run Looking northeast from North Elk Run Road near the northwest corner of the Road near the southwest corner of the property. property. 111 ilk i�VI!!iiii,;: r n e Y Looking west across North Elk Run Road Looking southwest across North Elk Run at the John Deere Tractor Works. Road at Tyson Fresh Meats. Page 197 of 267 CITY OF WATERLOO Council Communication Maintenance and Service Contracts for fourteen(14) city owned buildings. City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date Bi.fildirig Depmmm finenmt fflg,:)y, Nmey C ppi-ov d '7/2'7/2018 ... 10.1 3 A SUBJECT: Hearing Cancelled - No bids received. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Page 198 of 267 CITY OF WATERLOO Council Communication Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. City Council Meeting: 8/6/2018 Prepared: 7/13/2018 REVIEWERS: Department Reviewer Action Date 11paaaa11'paIg& z nr 11$ A.rndersoi, Noea pproved 7/13/2,018 12.59 PM Q-Ilemp< Office Eveni, L-eA.airi Approved '7/13/2018 2:53 PM ATTACHMENTS: Description Type Resolution approving the project designs of a home to be built by Hawkeye SUBJECT: Community College in the 200 block of Newell Street, at a budget not to exceed $137,500, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Adopt resolution The previously approved 28 Agreement and Addendum paperwork note that the City will sell the lots on Newell, and then: "Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not-to-exceed budget Summary Statement: for the Project." This action will approve the designs (attached) at a project budget not to exceed $137,500. Expenditure Required: $137,500 Source of Funds: Nuisance Bonds Policy Issue: Infill Development Alternative: Not approve, which will have the City continuing to accumulate lots and costs for maintenance, with no actions to bring forth new infill development The City of Waterloo has been actively working to eliminate nuisance Page 199 of 267 properties,blight, and empty and abandoned houses within the community. As a result, the City has over 100 vacant lots in its ownership. Hawkeye Community College has a growing curriculum of construction classes to help train a new work force for the construction industry in all fields from carpentry,plumbing, electrical, etc. Put one plus one together, and they are ready to build homes in the Waterloo community. This partnership will help to train a workforce, that helps Background Information: existing businesses find employees, and will help for infill development, eliinination of city expenditures upon sale of the lots, and overall new revitalization into older neighborhoods. The cost of$137,500 into an older neighborhood may find the City only breaking even, or potentially taking a loss on the sale of the homes. We will see. Hopefully, as the program continues, we will be able to improve marketability of the infill housing, and bring a profit to the program. As a new program, we will have to see what we can do, what we may need to change, to keep it moving ahead positively for the Waterloo cotmnunity. Legal Descriptions: MANSONS SECOND ADDITION LOT 13 BLK 1 Page 200 of 267 is :i I .I I: j I'. - .I i i Q 1- i. l ., I:. - a i� it i� is :i . . . — ::It.;....x......... 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X NI SVNI-IIa� ,6 „i-,z I I a Z # aag I I I I „t l I I � I _ _ I I A-G,S Lv asbn ��--+-^syl�i05 Cl�ddDLld HIV "' I I p 13d1- „�-,L ---- - - - - - - - - -- (lag i --------- I I I w U W� „O ,D� aha u ch i i i a � F 4p ° Q 6 Q av ° � QQ P y O 6 P a a o o< o D � r.,. ilO fl jja-j U0 i � A ��a CITY OF WATERLOO Council Communication Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the preliminary plat of 3.01 acres for the Kenn Dahl First Addition, to allow for the development of a five(5) lot residential subdivision, located at 4245 West 4th Street. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date P paa n� n g& Zoning Sepirroederr, A.rie Approved 8/l/2018 -02 AM (.1errk Office Eve>i, 1-eAni) Approved 8/1/2018 ... 1—.59 A.1`✓1 ATTACHMENTS: Description Type P refin.i unnarry P iart Menio Resolution approving a request by Great Plains Survey. Inc. on behalf of SUBJECT: Brian Kennett and Michael Dahl, for the preliminary12lat of 3.01 acres for the Kenn Dahl First Addition; to allow for the development of a five (5) lot residential subdivision, located at 4245 West 4th Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: The Planning and Zoning Cominission unanimously recommended approval of the Preliminary Plat request at their regular meeting on July 10, 2018. Transmitted herewith is a request by Great Plains Survey, Inc. on behalf of Brian Kennett and Michael Dahl, for the preliminary plat of 3.01 acres for Kenn Dahl First Addition to allow for the development of a five(5)lot residential subdivision, located at 4245 West 4th Street. Included are the following: Summary Statement: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Housing. Page 208 of 267 Alternative: N/A The property is served by West 4th Street from the north and south, which is classified as a Minor Arterial. The proposed plat would not appear to have a negative impact upon the surrounding neighborhood or traffic conditions within the area. West San Martian Drive is about 1/4 of a mile to the north and West Shaulis Road is located 3/4 of a mile to the south, and both of those roads are classified as Minor Arterials. Highway 20 is located a short distance to the north of the property, which is a Principal Arterial, however there is no access to it from West 4th Street, as it is an overpass only. The nearest interchanges being located at Ansborough Avenue to the east and Highway 63 to the west. Sidewalk will be required along the frontage of the Background Information: lots when developed. The property in question was recently rezoned from "A-I" Agricultural District to "R-1" One and Two Family Residence District to allow for the proposed development. The applicant is proposing to plat the property into five lots. Lot 1 has an existing farm house that was built in 1919. There are several outbuildings that would be demolished, with one outbuilding on Lot 5 that would remain. The Ordinance does not allow an outbuilding on a lot without a dwelling,but the lot will be tied by restrictive covenant to Lot 1, which has a house on it, and may be sold to an adjoining property and tied to a different home in the future. The area of West 4th Street is shown on the plat as Tract"A" and will be dedicated as right-of- way. The plat also includes a Tract "B", which will be a non-buildable tract of land intended to be sold to an adjoining property owner. Kenn Dahl First Addition. Waterloo, Blackhawk County, Iowa is located on and embraces the following described premises, to-wit: Legal Descriptions: The North 360 feet of the West 365 feet of the South One- half of the Northwest Quarter of Section No. 8, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa. Page 209 of 267 RA CT A 0. 7 AC. - - - - - - - - - - - - - - - - - � � z z � � c-D Q � o � co w co Q o cnI-- c_D n Q Lo x O C 0 U W U cD z M O C3 Q = O � 3Cn a, z o (n x D C w O O 3 r, (n O O � Q W Lo N LU 3 = Q +' � C O � C � z � o 1 (1) C C z � O O D }, Iv QU 3 � f W C') C17 L 3 z � +� Oma = Wu' cn OV, (f) — N m z +� D Q LC) C) o � N O m C- owCD o � L (D W � WOz �o Oce L O O (1) z CD CD (D }' 3 � W L M 00 C UW I �-- Lco CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with Shive-Hattery, Inc. of Cedar Rapids, Iowa, in the amount of$12,977, for architectural services in conjunction with the City of Waterloo Traffic Control Center Remodel Project- Iowa DOT Project No. STP-U-8155(755)--70-07, and authorize Mayor to execute said document. City Council Meeting: 8/6/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date p natifrfrpn; Operafio ns Even, L-e mann Approved 8/1/2018 -.59 AM Resolution approving Professional Services Agreement with Shive-Hatter Inc. of Cedar Rapids, Iowa, in the amount of$12,977, for architectural SUBJECT: services in conjunction with the City of Waterloo Traffic Control Center Remodel Project- Iowa DOT Project No. S TP-U-8155(755)--70-07, and authorize Mayor to execute said document. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution The contract provides for architectural services to improve the Waterloo Summary Statement: Traffic Control Center Room to be able to efficiently use the space including planned video wall and the multi-sectional monitors. Expenditure Required: $12,977.00 Source of Funds: 80% - Federal Funds 20% - City GO Bond Funds Policy Issue: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. The Traffic Control Center Operation Room currently provides challenges to City Operators monitoring the traffic controllers and traffic cameras. This project is to improve these conditions to provide a pragmatic and conducive Background Information: space for the operators and efficient use of the space and the devices. Additionally, the City should be able to showcase this space to visitors and radiate a positive message about Waterloo and the Traffic Control Center operation room. Page 211 of 267 CITY OF WATERLOO Council Communication Resolution approving the revision of the existing Speed Hump Policy to reduce the 85th percentile speed threshold, for warranting a speed hump, from 35 mph to 32 mph, in the City of Waterloo, Iowa. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date "fi-@frfrnc Om-alpons Even, 1. eA.nn Approved 8/�/ 018 ... tl tl-58 AM Resolution approving the revision of the existing Sneed Hume Policy to SUBJECT: reduce the 85th percentile speed threshold, for warranting a speed hump. from 35 mph to 32 mph, in the City of Waterloo, Iowa. Submitted by: Submitted By: Mohammad Elahi. Traffic Engineer Recommended Action: Approve resolution This is to reduce risk of injury crashes to pedestrian and bicyclists and Summary Statement: malting neighborhoods safey by allowing speed hump installation at 85th percentile speed limit of 32 mph. Policy Issue: Goal - Strategy 2.2- Enlist all City departments and staff members to promote a safer community. As more people are encouraged to walls and ride their bicycles their exposure Background Information: to care increases. Car-pedestrian and/or car-bicycle collision can easily end up with severe injuries of the pedestrian or bicyclist. Lower speeds will lower the risk. This is a step towards malting Waterloo safer. Page 212 of 267 CITY OF WATERLOO Council Communication Resolution approving award of contract to Pirc Tobin Construction, Inc. ofAlburnett, Iowa, in the amount of $520,522.50, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date Eq,,4ieeHng Knuutsoui, Juaraair'ne Approved 8/1/2018 ... 932 AM (1euk Office Eveni, L-e n Approved 8/l/201 ap ... p p-.59 AM Resolution approving award of contract to Pirc Tobin Construction. Inc. of Alburnett. Iowa. in the amount of 5520,522.50, and approving the Contract SUBJECT: Bonds, and Certificate of Insurance for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Source of Funds: Martin Rd. TIF Page 213 of 267 CITY OF WATERLOO Council Communication Resolution approving award of contract to Ultramax Ammunition of Rapid City, South Dakota, for the Police Department's FY 2019 Ammunition needs as budgeted. City Council Meeting: 8/6/2018 Prepared: 7/30/2018 REVIEWERS: Department Reviewer Action Date PoHee l)eparfiT=t 1Cwglm, 1 ra�—ik Approved 7/30/2018 ... 3-53 Plel (1etk O lnce Evemi, l:.eAni) Approved 8/1/2018 :59 AM Resolution approving award of contract to Ultramax Ammunition of Ranid SUBJECT: City, South Dakota_, for the Police Department's FY 2019 Ammunition needs as budgeted. Submitted by: Submitted By: Frank Krogh. Police Captain Recommended Action: Authorize the Police Department to accept the bid and execute it for the FY 19 Ammunition needs. This is an annual purchase of ammunition used in firearms training for the Summary Statement: Police Department. This ammunition is needed in order to maintain proficiency and certifications in a variety of weapon systems. Expenditure Required: $38,000.00 Source of Funds: General Funds Policy Issue: None Alternative: None Ammunition costs and requirements to continue to increase each year. The Background Information: delay from order to delivery can be up to a year. This ammunition is utilized to maintain proficiency and certification that reduces liability. Legal Descriptions: N/A Page 214 of 267 CITY OF WATERLOO Council Communication Resolution approving award of contract to RACOM of Waterloo, Iowa, at a cost of$13,311.64, per squad car, for the FY 2019 Police Squad Car equipment installation. City Council Meeting: 8/6/2018 Prepared: 7/30/2018 REVIEWERS: Department Reviewer Action Date 11ofice l)eparfiTne t 1Cwgli, 1 ra�—ik Approved 7/30/.2018 ... 4.05 PM (1etk Office Evemi, l:.eAni) Approved 8/l/2018 ... 11: 9 AM Resolution approving award of contract to RACOM of Waterloo, Iowa, at a SUBJECT: cost of$13,311.64, per squad carfor the FY 2019 Police Squad Car equipment installation. Submitted by: Submitted By: Frank Krogh, Police Captain Recommended Action: Authorize the Police Department to accept the bid. The Police Department did seek bids from 4 vendors for the purchase and Summary Statement: installation in the marked and unmarked squad cars for FY 19. Two venders submitted timely bids with RACOM winning the bid. We recommend the approval of RACOM's bid of up to $13,311.64 per squad car. Expenditure Required: $13,311.64 per squad car. Source of Funds: General Obligation Bonds & General Funds Policy Issue: None Alternative: None There were three bids . One of the others vendors did not have their bid to Background Information: the city at the time of the opening. The other vendor that had a timely bid that was approximately $500.00 per car higher than RACOM. Both companies are local. Legal Descriptions: N/A Page 215 of 267 CITY OF WATERLOO Council Communication Resolution approving a professional services agreement with Fire Recovery USA, LLC, and authorize Mayor and City Clerk to execute said document. City Council Meeting: 8/6/2018 Prepared: 7/20/2018 REVIEWERS: Department Reviewer Action Date Fire Rescajie Treloar, Pat Approved 7/20/2018 3-tl2 PM (I Ierk. Office Everri, L-eAni) Approved 8/l/2018 -58 AM ATTACHMENTS: Description Type D 1'ire 1�ecovery LJSA, L.J.-C Covet Menlo SUBJECT: Resolution approving a professional services agreement with Fire Recovery USA, LLC, and authorize Mayor and City Clerk to execute said document. Submitted by: Submitted By: Pat Treloar Fire Chief Recommended Action: Approve resolution. Fire Recovery USA offers comprehensive cost recovery solutions to over 910 Fire Departments in 41 States nationwide. Billing for cost recovery of emergency services has been in use for decades and is allowed in all states. Most 'insurance policies contain language specifying coverage for automobile accident and emergency 'incident services. If you don't bill them, the Summary Statement: ins uranc e c omp any retains the money. By not billing, the 'individual is essentially paying for the service twice, once in their taxes and again in their premiums. Our program will only charge 'insurance, nothing comes out-of- pocket to our residents. Expenditure Required: Zero Background Information: We had two work sessions on this topic. Page 216 of 267 SERVICES AGREEMENT This Services Agreement ("Agreement") is made effective as of 2018 ("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability company ("Company"), and the City of Waterloo, Iowa, ("Client"). The Company and Client are referred to herein individually as a "party" and collectively as the "parties." RECITALS WHEREAS, Company engages in the business of performing billing services ("Company Services") for United States Fire Departments in connection with the motor vehicle incidents and other emergency incidents at which the Client provides emergency services: and WHEREAS, Client seeks the services of Company to assist with the billing for services that Client provides in connection with motor vehicle incidents and other emergency incidents; and WHEREAS, Company and Client desire to enter into this Agreement to memorialize their agreements regarding the Company Services to be provided to Client. NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows: ARTICLE 1 ENGAGEMENT 1.1. Engagement: Client hereby engages Company to provide the Company Services described in Article 4 herein, and Client hereby accepts such engagement, all on the terms and conditions set forth herein. Company will determine the method, detail and means of performing the services detailed below. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1. Representations and Warranties of Company: Company hereby represents and warrants to Client that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of California. 2.2. Representations and Warranties of Client: Client hereby represents and warrants to Company that, at all times during the term of this Agreement, Client is, or Governs, or Contracts with an organized fire department established pursuant to the laws and ordinances of the state in which Client is located. Page 217 of 267 ARTICLE 3 COMPANY STATUS AND QUALIFICATIONS 3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will not become an employee, partner, agent or principal of Client while this Agreement is in effect. 3.2. Payment of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Company for services rendered under this Agreement. On request, Company will provide Client with proof of timely payment. Company agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Company's failure to comply with this provision. 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Client may not control, direct, or supervise Company's employees or subcontractors in the performance of those services. 3.4. Qualifications: Company represents that it and its subcontractors have the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of Client. 3.5. Ownership Interest: Company will have no ownership interest in Client. 3.6. No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Client. 3.7. Attorney-in-Fact: Client appoints Company as Client's attorney-in-fact for the following purposes: (a) Billing and Collections: To bill and collect ("Collections") all revenue earned by and due to Client, in connection with Client's provision of emergency services provided/rendered at the sites of motor vehicle incidents and other emergency incidents, and to receive all Collections on Client's behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company's or Client's right to collect such amounts; and (b) Endorsement: To take possession of and endorse in Client's name any notes, checks, money orders, and any other instruments received as Collections. ARTICLE 4 GENERAL RESPONSIBILITIES OF COMPANY 4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Services under this Agreement as may be, in Company's sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement. 2 Page 218 of 267 4.2. Company Services: Company agrees to perform the Company Services as set forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein by reference; including those additional services requested by Client and accepted in writing by the Company during the term of this Agreement. 4.3. Non-Exclusive Relationship: Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company's sole discretion, sees fit. 4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses. 4.5. Materials and Equipment: Company will supply all materials and equipment, at it's own expense, required to perform the services under this Agreement. 4.6. Workers' Compensation: Company agrees to provide workers' compensation insurance for Company and Company's employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Company's employees or agents. 4.7. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of Client, which consent shall not be unreasonably withheld. ARTICLE 5 COMPENSATION OF COMPANY 5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the "List of Company Services," attached hereto as Schedule A. 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation. ARTICLE 6 OBLIGATIONS OF CLIENT 6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. The Client shall be responsible for initially insuring, and continuing to review, local and state laws in the Client's jurisdiction to assure adequate legal authority for Company to engage in the Services described herein on behalf of Client. 3 Page 219 of 267 6.2. Assignment: Once a run is assigned to Company for processing, Company will use commercial reasonable efforts to pursue collection until all efforts have been exhausted. While Company is pursuing payment on a claim Client is precluded from assigning any duties or obligations under this Agreement to any other party, without the written consent of Company. Client may not negotiate a settlement of a run Company is processing without Company's written consent to the terms of the settlement and compensation due to Company for processing the run. Once Company has determined a run is not collectible it will either be archived and closed or sent to a collection agency (only if Client chooses to do so). Sending an account to collection incurs additional fees to Client. If payment is received from a collection agency, the amount received will be posted to Client's account by Company. Company will reimburse Client at the rate set forth in Schedule A, List of Company Services for that particular run, minus any additional fees from the collection agency. ARTICLE 7 CLIENT AUTHORIZATION 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Client prior to performing any of the following: (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of Client's interest in any sums owed to Client; and (b) All other limitations as stated by the terms of this Agreement. ARTICLE 8 TERMINATION OF AGREEMENT 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty days (30) written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as of the date first set out above and shall continue for a period of one (1) year thereafter. This Agreement shall automatically renew for up to four (4) successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. 8.2. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; (a) Bankruptcy or insolvency of either party; (b) The assignment of this Agreement by either party without the consent of the other party; the parties agree that neither party will unreasonably withhold consent to such an assignment. 8.3. Termination for Default: If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days (5) after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: 4 Page 220 of 267 (a) Company's failure to complete the services specified in the Description of Services; (b) Client's material breach of any representation, warranty or agreement contained in this Agreement; (c) Company's material breach of any representation, warranty or agreement contained in this Agreement; (d) Client's yearly billable run volume is at or below six (6) runs. ARTICLE 9 PROPRIETARY RIGHTS 9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Company's use are the sole property of Client. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Client's employees, products, services, prices, operations, and subsidiaries. Company will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Client's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Company's possession to Client. 9.2 Confidential Information: Any written, printed, graphic, electronically or magnetically recorded information, computer-based hardware, software, applications, software scripts, or software links furnished by Company for Client's use are the sole property of Company. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Company's employees, products, services, prices, operations, and subsidiaries. Client will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Company's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Client's employees, agents, and subcontractors. On termination of this Agreement, Client will return any confidential information in Client's possession to Company. ARTICLE 10 INDEMNIFICATION 10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and all loss, damage, liability, (including but not limited to attorney fees and expenses), claims and/or injury resulting from the acts or omissions of the Company, or its agents on the Company's behalf, in connection with this Agreement. However, this indemnification shall not apply with respect to any legal cause, action or consequential liability or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Client nor shall it apply to any act, omission or negligence of the Client. 5 Page 221 of 267 ARTICLE 11 GENERAL PROVISIONS 11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of California). 11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties. 11.3. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however, that such party remains liable for full and total performance of its obligations hereunder. 11.4. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a business day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows: If to the Company to: with a copy to: Fire Recovery USA, LLC The Watkins Firm, APC 2271 Lava Ridge Court, Suite 120 4275 Executive Square, Suite 1020 Roseville CA 95661 La Jolla, CA 92037 Attention: Craig Nagler Attention: Chris Popov, Esq. If to Client to: with a copy to: Waterloo Fire Rescue Office of City Attorney, City of Waterloo 425 East 3rd 715 Mulberry Street Waterloo, IA 50703 Waterloo, IA 50703 Attention: Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to such other address or telecopy number as any party shall specify to the other, pursuant to the foregoing notice provisions. When used in this Agreement, the term "Business Day" shall mean a day other than a Saturday, Sunday or a Federal Holiday. 11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any 6 Page 222 of 267 prior and contemporaneous understandings, agreements, or representations by or among the parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii) may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in a writing signed by such party. 11.6. Counterparts: This Agreement may be signed in several counterparts. 11.7. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. 11.8. Arbitration: (a) If at any time there shall be a dispute arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final and binding upon all involved parties. The site of any arbitration shall be at a site agreed to by the parties and the arbitration decision can be enforced in a "court of competent jurisdiction". (b) This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby. 11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREBY. 11.10 Cooperative Purchases: This Agreement may be used by other government agencies. Company has agreed to offer similar serves to other agencies under the same or similar terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The City/County/or Client/Protection District will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchase by other agencies. Signatures on following page: 7 Page 223 of 267 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. COMPANY: FIRE RECOVERY USA, LLC. a California limited liability company Signature: Name: M. Craig Nagler Title: Manager CLIENT: City of Waterloo, Iowa Signature: Name (printed): Title: 8 Page 224 of 267 SCHEDULE A LIST OF COMPANY SERVICES 1. Company agrees to bill the responsible party on the Client's behalf for services provided/rendered during motor vehicle incidents and other emergency incidents. The Mitigation Rates lists in Exhibit A will increase in accordance with city ordinance, rule, regulation or resolution. 2. Company will provide, as a normal matter of business; entry of claims and submission to the responsible party, collections of monies deemed due to the Client, payments of the agreed upon percentage of said monies to Client, and reporting of progress. 3. Company agrees to bill to the best of its ability all claims provided to Company by the Client. Unless authorized by the Client in advance, Company will only bill the insurance carrier for the responsible party or parties and will not bill the responsible party or parties directly. 4. Company will not begin litigation against a person, entity, or insurance carrier without prior written approval by the Client. 5. Company agrees to reimburse Client a portion of the monies collected at a rate of 80% (eighty-percent) of the total monies collected on the Client's claims. Total monies collected will be net, after any credit card processing fees (charged at 4%) or any collection agency fees. 6. Company agrees to pay these monies collected to the Client on a monthly basis, within seven (7) working days after the close and accounting of the monthly billing cycle. 7. Company agrees to make available reports via a password protected website to the Client which detail billable claims outstanding (which are claims submitted, but not yet completed) and claims completed in the prior billing cycle. 8. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal procedure codes or claims submitted to Company by the Client on the Run Sheets. 1 Page 225 of 267 EXHIBIT A INITIAL MITIGATION RATES BASED ON PER HOUR The mitigation rates below are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided. Beginning July 1, 2019, the rates set forth below may be subject to annual adjustment as provided by city ordinance or by resolution of the city council. MOTOR VEHICLE INCIDENTS Level 1 - $487.00 Provide hazardous materials assessment and scene stabilization. This will be the most common "billing level". This occurs almost every time the fire department responds to an accident/incident. Level 2 - $554.00 Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3— CAR FIRE -$677.00 Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. ADD-ON SERVICES: Extrication - $1,461.00 Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Creating a Landing Zone - $448.00 Includes Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s). Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used. 2 Page 226 of 267 ADDITIONAL TIME ON-SCENE Engine billed at $448 per hour. Truck billed at $560 per hour. Miscellaneous equipment billed at $336. HAZMAT Level 1 - $784.00 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. Level 2 - $2,800.00 Intermediate Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center. Level 3— $6,608.00 Advanced Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time - each additional hour @ $336.00 per HAZMAT team. ADDITIONAL TIME ON-SCENE (for all levels of service) Engine billed at $448 per hour. Truck billed at $560 per hour. Miscellaneous equipment billed at $336. FIRE INVESTIGATION Fire Investigation Team -$308.00 per hour. Includes: • Scene Safety • Investigation • Source Identification • K-9/Arson Dog Unit • Identification Equipment • Mobile Detection Unit • Fire Report The claim begins when the Fire Investigator responds to the incident and is billed for logged time only. 3 Page 227 of 267 FIRES Assignment - $448.00 per hour, per engine /$560.00 per hour, per truck Includes: • Scene Safety • Investigation • Fire / Hazard Control This will be the most common "billing level". This occurs almost every time the fire department responds to an incident. OPTIONAL: A fire department has the option to bill each fire as an independent event with custom mitigation rates. Itemized, per person, at various pay levels and for itemized products use. ILLEGAL FIRES Assignment - $448.00 per hour, per engine /$560.00 per hour, per truck When a fire is started by any person or persons that requires a fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response. WATER INCIDENTS Level 1 Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level". This occurs almost every time the fire department responds to a water incident. Billed at $448 plus $56 per hour, per rescue person. Level 2 Intermediate Response: Includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result 4 Page 228 of 267 of the incident. Billed at $896 plus $56 per hour, per rescue person. Level 3 Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Billed at $2,240 plus $56 per hour per rescue person, plus $112 per hour per HAZMAT team member. Level 4 Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used. BACK COUNTRY OR SPECIAL RESCUE Itemized Response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. Minimum billed $448 for the first response vehicle plus $56 per rescue person. Additional rates of$448 per hour per response vehicle and $56 per hour per rescue person. CHIEF RESPONSE This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident. Billed at $280 per hour. MISCELLANEOUS /ADDITIONAL TIME ON-SCENE Engine billed at $448 per hour. Truck billed at $560 per hour. Miscellaneous equipment billed at $336. MITIGATION RATE NOTES The mitigation rates above are average "billing levels", and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided. These average mitigation rates were determined by itemizing costs for a typical run (from the 5 Page 229 of 267 time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc. 6 Page 230 of 267 CITY OF WATERLOO Council Communication Resolution approving renewal of Crime and Fidelity insurance effective 9/15/18, in the amount of$3,663.00. City Council Meeting: 8/6/2018 Prepared: 8/2/2018 REVIEWERS: Department Reviewer Action Date Clerk Office ip g,[.)y, Nmey Approved 8/2/20V8 ... tl:05 P SUBJECT: Resolution approving renewal of Crime and Fidelity insurance effective 9/15/18, in the amount of$3,663.00. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 231 of 267 CITY OF WATERLOO Council Communication Fire Rescue Service Cost Recovery Ordinance. City Council Meeting: 8/6/2018 Prepared: 8/1/2018 REVIEWERS: Department Reviewer Action Date 1 ire R.eseaaie i cdchlle, Kelley A.ppi-owed S/P208 4.20 PM ATTACHMENTS: Description Type 0-dinaaacaaa its iaacap used Backup Maateilaai Motion to receive, file; considerand pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Section 6 Fire Rescue Service Cost Recovery. of Chapter 8 Municipal SUBJECT: Finances, Title 1 Administration. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Pat Treloar, Fire Chief Page 232 of 267 This Ordinance prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa, 50704. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW SECTION 6, FIRE RESCUE SERVICE COST RECOVERY, OF CHAPTER 8, MUNICIPAL FINANCES, OF TITLE 1, ADMINISTRATION. WHEREAS, emergency and non-emergency services response activity to incidents continues to increase each year, and added environmental protection requirements and Homeland Security regulations involving equipment and training create additional demands on all operational aspects of the City's fire rescue services; and WHEREAS, the fire department has investigated and implemented different methods to maintain high-quality emergency and non-emergency service capabilities throughout times of constantly increasing service demands, where maintaining an effective response serves to decrease the costs of incidents to insurance carriers, businesses, and individuals through timely and effective management of emergency situations, resulting in saved lives and reduced property and environmental damage; and WHEREAS, raising general property taxes to meet the increase in service demands for specific incidents would not be fair or equitable when parties that directly benefit from the services provided should be responsible for a reasonable share of the cost; and WHEREAS, the City Council desires to implement a fair and equitable procedure for recovery of reasonable service costs in order to mitigate the overall cost borne by the taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Section 6, Fire Rescue Service Cost Recovery, of Chapter 8, Municipal Finances, of Title 1, Administration, is hereby enacted as follows: 1-8-6: FIRE RESCUE SERVICE COST RECOVERY: A. Mitigation Rates: Cost mitigation rates are hereby established for the delivery of emergency and non-emergency services, personnel, supplies and equipment by the fire and rescue operations of the fire department to the scene of emergency and non-emergency incidents. Rates shall be based on a reasonable estimate of the costs of delivering such services and based on charges that Ordinance No. Page 2 INTRODUCED: PASSED Is' CONSIDERATION: PASSED 2„d CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the day of 2018, and approved by the Mayor on the day of , 2018. Quentin 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 Ordinance 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 CITY OF WATERLOO Council Communication An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Dahlstrom Real Estate for a site plan amendment to the"M-2,P"Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. City Council Meeting: 8/6/2018 Prepared: 7/10/2017 ATTACHMENTS: Description Type Staaff'R p or9. C."ower Merrno Oveave ew Map Cover Merru o A.eriaai Maar Cover Mena-flo Sine Plan Cover Memo /pplicaal:iabai (..'over Memo Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4. to approve a request by Dahlstrom Real Estate for a site plan SUBJECT: amendment to the"M-2,P"Planned Industrial District to allow for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request by Dahlstrom Real Estate for a site plan amendment to the"M-2,P" Planned Industrial District to allow for the construction of a 200,000 SF warehouse/office located west of 3050 Wagner Road. The applicant is requesting to construct a new industrial warehouse building up to 200,000 square feet. The request to construct the industrial warehouse building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is Page 235 of 267 served by Airline Highway which is a minor arterial and Wagner Road which is a collector road. The nearest recreational trail is the Cedar Valley Lake Trail which is located in George Wirth State Park. There are no sidewalks in the area. The area in question has been zoned "M-2,P"Planned Industrial District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North— Vacant Land, zoned"M-2,P"Planned Industrial District. South—ASPRO asphalt manufacturing plant, zoned"M-1"Light Industrial District. East— Jerald Sulky Company zoned"M-2"Heavy Industrial District. West— Standard Forwarding and Fed Ex Ground, zoned "M-2,P"Planned Industrial District. No buffers would be required as a part of this rezoning request. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The surrounding area consists of industrial buildings built between 1961 and 2012. A portion of the property is located within Zone A: 100 year flood plain which will require the building to be one-foot above the base flood elevation as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0167F, dated July 18, 2011. Lincoln Elementary School is located 1.68 miles to the southeast, George Washington Carver Academy is located 2.37 miles to the southeast, and East High School is located 3.70 miles to the southeast. The nearest open space is George Wirth State Park which is located 0.93 Summary Statement: miles to the southwest. There is a 12" sanitary sewer line located on the north side of Airline Highway. There are 12"water lines in Wager Road, Airline Highway, and Midport Boulevard. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to construct a 200,000 SF building with a 25-lot parking lot. Page 236 of 267 The area in question is zoned"M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries in large tracts of allow, allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 1 parking space for every 2 people employed at the facility and the site plan shows 25-parking spaces. The Site Plan does not label setbacks and that information will need to be added. During Tech Review Engineering noted that they would like to see the driveway coming out to Airline Highway moved east to align with the entrance to ASPRO on the south side of the street. Elahi sent an email requesting that the driveway coming out to Wagner Road be moved to the north. Engineering also noted that there would be a fee to hook up to the sewer. There was one comment filed about the Site Plan supporting the project but requesting that the traffic signal at Wagner Road and Airline Highway be made permanent. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment in the "M-2,P"Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. 2. That the building be a minimum 1' above the base flood elevation. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. MID PORT AMERICA PARK PLAT NO 3 LOT 20 and UNPLATTED WATERLOO EAST PART SEC 4 T 89 R 13 BEG AT INTERS NLY Page 237 of 267 ROW LINE W AIRLINE HWY& WLY ROW LINE WAGNER RD TH N 600 FT TH W 3300 FT TH S TO NLY ROW LINE ICG RR TH Legal Descriptions: SELY ALONG NLY LINE RR ROW TO NLY ROW LINE W AIRLINE HWY TH ELY ALONG SAID ROW LINE TO PT OF BEG & THAT PART SE SW SEC 4 T 89 R 13 LYING S OF IC RR EXC WLY 875 FT & EXC STREET AND EXC THAT PART PLATTED TO MIDPORT AMERICA PARK PLAT NO 1 AND NO 2 AND NO 3 Page 238 of 267 September 12,2017 REQUEST: Request by Dahlstrom Real Estate for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 200,000 SF warehouse/office located west of 3050 Wagner Road. APPLICANT(S): Dahlstrom Real Estate 604 Clay Street, Cedar Falls, IA 50613 GENERAL The applicant is requesting to construct a new industrial DESCRIPTION: warehouse building up to 200,000 square feet. SURROUNDING The request to construct the industrial warehouse building LAND USES AND would not appear to have a negative impact upon the IMPACT ON surrounding area as it would appear to be compatible with NEIGHBORHOOD: other industrial development in the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Airline Highway CONDITIONS: which is a minor arterial and Wagner Road which is a collector road. RELATIONSHIP TO The nearest recreational trail is the Cedar Valley Lake Trail RECREATIONAL which is located in George Wirth State Park. There are no TRAIL PLAN AND sidewalks in the area. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "M-2,P" Planned FOR SITE AND Industrial District since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Surrounding land uses and their zoning designations are as follows: North — Vacant Land, zoned "M-2,P" Planned Industrial District. South —ASPRO asphalt manufacturing plant, zoned "M-1" Light Industrial District. East— Jerald Sulky Company zoned "M-2" Heavy Industrial District. West— Standard Forwarding and Fed Ex Ground, zoned "M- 2,P" Planned Industrial District. BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING/ The applicant will need to submit and execute a landscaping LANDSCAPING plan for the site during the building permit approval process. REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. DEVELOPMENT The surrounding area consists of industrial buildings built SPA-West of 3050 Wagner Road Page 1 of Page 239 of 267 July 10,2018 HISTORY: between 1961 and 2012. FLOODPLAIN: A portion of the property is located within Zone A: 100 year flood plain which will require the building to be one-foot above the base flood elevation as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0167F, dated July 18, 2011. PUBLIC /OPEN Lincoln Elementary School is located 1.68 miles to the SPACES/ SCHOOLS: southeast, George Washington Carver Academy is located 2.37 miles to the southeast, and East High School is located 3.70 miles to the southeast. The nearest open space is George Wirth State Park which is located 0.93 miles to the southwest. UTILITIES: WATER, There is a 12" sanitary sewer line located on the north side SANITARY SEWER, of Airline Highway. There are 12" water lines in Wager STORM SEWER, ETC. Road, Airline Highway, and Midport Boulevard. .............................................................................................................................................................................................................................................................................................................................................................. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. COMPREHENSIVE The proposed site plan amendment would be in conformance LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct up to a 200,000 SF ZONING building with a 25-lot parking lot. ORDINANCE: The area in question is zoned "M-2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries in large tracts of allow, allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 1 parking space for every 2 people employed at the facility and the site plan shows 25- parking spaces. The Site Plan does not label setbacks and that information will need to be added. During Tech Review Engineering noted that they would like to see the driveway coming out to Airline Highway moved east to align with the entrance to ASPRO on the south side of the street. Elahi sent an email requesting that the driveway coming out to Wagner Road be moved to the north. Engineering also noted that there would be a fee to hook up to the sewer. STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION SPA-North of 1318 Martin Road Page 2 of Page 240 of 267 July 10,2018 ORDINANCE: STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "M-2,P" Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. 2. That the building be a minimum V above the base flood elevation. SPA-North of 1318 Martin Road Page 3 of Page 241 of 267 City of Waterloo Planning, Programming and Zoning Commission July io,2oi8 M-1 R-1 a M-2,P o� �o M-2 WAIRLINEHWY n a r rn 1� C7s M-1 0 z gR�A�wAyST � U A-1 WYTH RD A-1 218 o z R-3 R-2 a = C-1 z, 3 R-2 N West of 305o Airline Highway W* E Site Plan Amendment to "M-2,P" Dalhstrom Properties LLC 1,000 500 0 1,000 ®R� Feet Page 242 of 267 City of Waterloo Planning, Programming and Zoning Commission July io, 2M8 r iry � I �/i r It✓til rr�wri//r.frw, a JI,�"�l O�J"D`�% 1 if, / arnnn'r` r/ Location of Proposed Building o I� / , � r mw•I I 1 ;,''�3u r�9r�lYlr,,., �m�. r�aa�ni ,. ,:@,. ,✓ tip. N West of 3050 Wagner Road w E Site Plan Amendment to "M-2,P" s Brent Dahlstrom 250 125 0 250 0 � Feet Page 243 of 267 t� w a r w , I! , � �J�r�yrr�siuny « r / p C n I " r 0 Y a r � 9 r 1;� I (, � ti%'�� ✓ Ili%� �8 /'N� 1/ w , uu o I �� r �, .,.,. � .;� ,� , .. ��. `� �w��, r .Mn �! 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APPLICATION SITE PLAN A,MENDMZETO A ""R-P9% Nr DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319291.4366 lNeworOveraflAniendniellt New ...................... lndMdual Building Mnnor changebe approved by staff) (check one)(Minor Change inust I. APPLWATION INFORMATION: a- Applicant's name (please print): ....... Address: 604 gay St. Phone• 319-768-7150 Fax: -— ———--—----------------- City: Cedar FaUs State: �A Zip' 50613 .- .- '_''---------------—--—-------- ....... 1), Status of applicant: (a)Owner_>L(b)Other (CHECK ONE): If other explain: ........._ ................ Property owner's narne if different than above(please Address: City:..._............. ...... .......... 2, PROPERTY 'INFORMATION: a General location of site plan to be arnended: N.W. corner of Airfin� H[g a &We .......... .-gner Rd,.,,,----——--__-- ......................w_.. ..I..... b L,egal description of property or portion to be aniended: Mid Port Ainenca Park Rat No. 3,Lot 2(t&UnpWted Watehoo East Part Sec 4 T 89 R 13 Begin at Int Nly row fine W Airline Hwy&Ny row line Wagner Rd th N 600 ft th W 3300 ft th S to My row fine tCG RR th SEly along My RR row to My row Rne W krfine Hwy th any abng%aid row line to pont of Beginning&triat part SE SW Sec 4 T 89 R 13 lying S of tC RR exc Ny 875 ft&exc street and exc that pail ptatted to Mid America Park Pat No.1 &No.2& No, C' Dimensions of proposed site plan amendment: Rou9Ny1,,.065ftx610ft d. Area of proposed site plan amendrnenc,..Bq�N 6�6486thaE____ ......... e. Current zoning: C-.P................ f, Reason(s) for site plan antendment and proposed use(s) of property: Add new warehouse&future expansion space ............. ............ Conditions (if any)agreed to (does not affect existing conditions unless specified): ...................................... ............. .......... ............ hOther pertinent information(use reverse side if necessary):_____ ---....................... Please Note: Wapplicant,is not the owner of the property,the signature ofthe oNvner unrest be secured. 1f it is the intent to �Ubdivide (split) any land, vacant or improved in cornjunction with this request it inust go through a platting process (scparate from site plan amendment request). The filing fee of$200 (for new or overall amendment), SO(fior individual Building), or$0(for minor change)(payable to dic (lity of'Waterloo) is required, This fee is non-refundable. LJ oder rues condition shall said sum or ally pall thereof be rellmded for failUTC of said amendment to be enacted into law. Any major change in any of the information given wffl req,uire that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the sarne or portion of the same property shall be filed with or considered by the planning, Programming, and Zoning ('orrunission until four (4) months have elapsed from the (late of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all infiontlation on this request and submitted along V'14h it is tme and Correct, All information submitted will be used by the Waterloo Planning, Programming, and Zoning ("ornmission and the Waterloo City Council in ntaking their decision. The enders hied authorize City Zoning Officials to enter the property in question in regards to the request. J rrl 71�1 11--_e'---0fAppI i cant Date Signature of Owner Date Page 247 of 267 CITY OF WATERLOO Council Communication Motion approving Change Order No. I for a net increase of$36,655 for the Water Pollution Control Facility Upgrade Instrumentation and Controls Systems Project, Contract 929. City Council Meeting: 8/6/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date Waste Managernent lZath, Brpan ReJected 7/31/2018 3-38 PM Waste Ma.nagernent llenrpcll,n, Rdianna Approved 7/31/2018 3.39 PM Waste Managei-nent. lZatfi, Brnan Approved 7/31/2018 3.45 PM Cilerk. (..)ff'we Even, L-eAnn Approved /1/2018 12:01 I'M ATTACHMENTS: Description Type I.Jpg�:ade 'To Instnirnentatilon and Con1r,ols Systerns -all D C fi,,,in�.;e Ordeir //1 Backup Mated Submitted by: Submitted By: Brian Rath, Treatment Operations S=ervisor, Waste Management Services Motion approving Change Order No. I for a net increase of$36,665.00 for Recommended Action: the Upgrade to Instrumentation and Controls Systems Project, Contract #929 Expenditure Required: $36,665.00 Source of Funds: Sewer Bonds Page 248 of 267 PER'�t+w ry AUTOMM17C SYSTEMS Co. h d�jV Mr. Ross Ffillsmann Change Order Proposal #.: ,SGOI AI_X'0 500 S W 7'r' `street Date: July 29, 201 Des Moines, 1A 50309 Quotation Expires: 30 Gays project: Waterloo, IA WPC;P Upgrade to Instrumentation and Page: I Controls Systerns Change OrderName: Fiber Optic Cw`ommalnications Improvements --------- Change Order Proposal r. Iliiisrman, The fallowing change order proposal is to provide the improvements to the fiber-optic system as discussed during. our July I I Ir', 2018 progress meeting. The existing system utilizes an obsolete PC; style connector in multiple locations and in many instances the fiber cables do not terminate to a fiber-optic patch panel. Our change order proposal includes changing all f`( style connectors to an industry standard ST style connector and terminating all fibers to a patch panel and cleaning Lip all panels to ease fixture modifications and troubleshooting. The proposed change request includes a time extension based on the fbIlowing completion dates to accommodate for this change as well as the additional developrnent:of'process control description development and review time, Substantial Completion: December 24, 201 Final C"ompletion: January 18, 20191 Our proposal includes equipment and services as detailed below. One (1) Fiber-Optic Improvements to include installing ST adapter plates in existing fiber patch panels where available, new fiber-optic patch panels and splice trays where needed, ST- style pigtails for fusion splicing, and labeling. Fiber-optic fusion splicing,testing,and labeling will be subcontracted with KW Electric with assistance from Automatic Systems for site investigation, implementation planning, sta:ft-up, and testing. MANUFACTURERS REPRESEN'n"nV'ES w SYSTEMS INTEGRATION INSTRUMENTATION 0 MAIN OFFICE P.O.BOX 120369 ST,PAUL,MINNESOTA 55112 PHONE 661-631-9006 FAX(661)631.0027 BRANC14 OFFICE P.O.BOX 787 AMES,IOWA 50010 PHONE 615-232-4770 FAX(516)232-0796 BRANCH OFFICE CHICAGO,ILLINOIS PHONE 816-927.3356 FAX(661)631-0027 Page 249 of 267 AUTOMATIC SYSTEMS . MANUFACTURERS REPRESENTATIVE CHANCE: (:jai:EIS l:�R(JPOSAI NO. : ASC-01 DATE: Jiily 2�), 2018 PAGE: 2 ORDER--------------------------------------------------------------------------- PROPOSAL -------------------------------------------------------------------------- f3 One(1) Professional `services to include engineering with full documentation of fiber-optic network., onsite investigation,fiber-optic fusion splicing, labeling offiber-optic cabling and termination enclosures,and testing servicer;. Your net price for Items A thru 13, FOB factory with freight allowed to ►obsite including one (1) year warranty from elate of`startup(Trot to exceed 18 months from date of shipment), ........ $ 36 f36.5.(1fI 'T'he alcove price for Items A t:hru 13 does not include any: 1. gales or use tai:. 2. Replacement or repair offiber-optic cable Found to be damaged between buildings, 3. Modifications to the City IT network fibers. Should you wish to proceed with an order please sign on the space provided below and return a copy to this office. Sincerely, "Travis Moran [tears Ordered `C"otal Net Price Customer Firrn Nance Authorized By. .................................- Purchase Order No. Page 250 of 267 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 for a net increase of$7,345 for the Water Pollution Control Facility Upgrade to Instrumentation and Controls Systems Project, Contract 929. City Council Meeting: 8/6/2018 Prepared: 7/31/2018 REVIEWERS: Department Reviewer Action Date Waste 1vlarnap er nernd 1Za th, 1::.3rrl anna Approved 7/31/2018 ... 3.44 PM (' erk Off-we Even, 1:.nrAnnn Approved 8/1/2018 �2-05 P ATTACHMENTS: Description Type 1 �nannuz 1n:;��napn 112,To aannnern6,a� pn�an a:rncti 1. a rnnnaalQ 8yQ>9aWrrnQ.> Ba�ceku.pb lamer; a� Submitted by: Submitted By: Brian Rath Treatment Operations Supervisor.Waste Management Services Recommended Action: Approve Change Order No.2. Expenditure Required: $7,345.00 Source of Funds: Sewer bonds Page 251 of 267 f r .�%1r�11fM��1;�r,, 'la S 7 AUTOAMTIC SYSTEMS '0. Mr. doss I Iillsrnann Change Order Proposal 4-: ASC:A2 Af C C)M, 500 SW 71h Street mate: July 29,,201 Cies Moines, 1A 50309 (;quotation Expires: 30 Days Pr(�}ect; Waterloo, I.A. WPC F Upgrade to Instrumentation and Page. I. Controls Systems C'hange Order Name: Maintenance Shop SC'ADA C'orrrputer Addition Order Proposal ----------------------------------------------------------------------------------------------------------------------------------------- Mr. Ilills an, The fallowing change order proposal is to provide an additional SCALA Computer in the Maintenance Garage Office as requested in the July 11"',2018 progress meeting.. Our proposal includes equipment and services as detailed below. A One (1) Desktop SC"r DA Computer to inclrldc Dell PrecisionT3620"3Ci20 tower, monitor, and keyboard with specifications to match other desktop computers previously suhrrfittcd. SCAI)A computer will be installed on an existing desk location as designated by the owner. Software to include Microsoft Office and Ignition Pro software as included on other SCA JA corn.Puters. 13 One (1) Electrical Subcontractor Services to include installation and testing of`CAT-5 ethernet cabling between the maintenance garage telecommunications board and the new SCA DA. computer location with surface rnounted RJ-45 jack. 'The SCADA computer will utilize an existing 120 Vac receptacle. C One(1) Professional Services to include engineering and programming services fcrr computer setup, software installation,and testing. MANUFACTURERS REPRESENTITIVES SYSTEMS INTEGRATION a INSTRUMENTATION Imp MAIN OFFICE P.O.BOX 120369 ST.PAUL,MINNESOTA 66112 PHONE 561-631.9006 FAX(651)631.0027 BRANCH OFFICE P.O.BOX 787 AMES,IOWA 60010 PHONE 616-2324770 FAX(516)232-0795 El BRANCH OFFICE CHICAGO,ILLINOIS PHONE 816-927-3386 FAX(661)631-0027 Page 252 of 267 AUTOMATIC SYSTEMS CO . MANUFACTURERS REPRESENTATIVE CHANGE E Ott I)E F.'1?,C)F'OSAI, NO. : ASC;--02 1:7AT.F',: July 29, 2018 PAGE: 2 --------------------------------------------------------------------------- ORDER PROPOSAL -------------------------------------------------------------------------- Your net price for Items [A thru CC, 1`013 factory with freight allowed to jobsite including one (1) year warranty from date:«1`startup (not to exceed 18 months from date of`shilament).............----$_Z345.00 The above:price fctr Items A thru (; d(.)es not include. ern)(. I, Sales s car use tax. . New 120 Vac receptacle lur the SCADA computer. An existing receptacle will be used for the SCADA computer. y+1rc:71rlcl you wish to proceed with an order please, sign on the space provided below and return a copy to this office. Sincerely, Travis Moran ttenis Ordered Total Net trice Customer Firm Name Authorized By ..w..... --------- Purchase Order No. Page 253 of 267 CITY OF WATERLOO Council Communication Planning, Programming& Zoning minutes of June 5, 2018. City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date lllaa:rrn'prrgg'& Zorruinig Schroeder, Arie Approved 7/31/2018 ... 11-tl 3 AM 1]errk Off-we 1pnz any, 1" arr -icy A.pproved 7/31/.2018 ... 5-tlO P ATTACHMENTS: Description Type l'&Z i-ninutes of 6/5/18 (.`over Meriflo SUBJECT: Planning; Programming& Zoning minutes of June 5, 2018. Submitted by: Submitted By: Page 254 of 267 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. JUNE 5, 2018 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:02 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Buttgen, Donat, Flynn, Hall, Holdiman, Miehe and Wilber. Members absent were: None. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Domoff and Seth Hyberger—Planning Department, and eight citizens. I.Approval of the Agenda It was moved by Miehe, seconded by Flynn to approve the agenda. Motion carried unanimously. Approval of the Minutes from the Regular Meeting on May 1, 2018. It was moved by Donat, seconded by Flynn to approve the minutes of the May 1, 2018 meeting. Motion carried unanimously. IL Financial Report: April 2018 Anderson indicated that the expenses for this time of the budget are on track. Buttgen questioned what service charges are. Anderson noted they were filing fees for commission requests. It was moved by Buttgen, seconded by Hall to receive and place on file the financial report for April 2018. Motion carried unanimously. 111.0ral Presentations No Oral Presentations IV.New Business A. Plats 1. Request by Michael Dahl and Brian Kennett for preliminary plat of Kenn Dahl First Plat, a four lot residential subdivision, located at 4245 West 4t" Street. Andera gave the staff report with the recommendation of approval with the condition that the preliminary plat is updated as required by staff before it is forwarded to the City Council. Donat questioned about the barn that would remain on Tract B. Andera indicated that the property owner to the east at 4202 Harbin Drive would like to purchase Tract B to have the barn on the property and if that is done, they will exceed the 1,800 square maximum of detached accessory structures associated with a single-family use and a variance through the Board of Adjustment will be needed. Donat questioned if the proposed contours are shown on the updated plat. Andera noted that they are not shown and they need to be illustrated to show how storm water will be directed to the storm water detention basin on Lot 4. Page 255 of 267 Planning and Zoning Commission June 5,2018 Buttgen indicated that this property was being rezoned to allow for new low density residences and questioned if the rezoning process has been completed. Anderson noted that the City Council has approved the rezoning of the property. It was moved by Miehe, seconded by Hall to recommend approval of the preliminary plat request, with the condition that the plat is updated as required by staff before it is forwarded to the City Council. Motion carried unanimously. 2. Request by CGA Engineering on the behalf of 30 Something Real Estate, LLC for the preliminary plat of Magnolia Hills, a 12 lot residential subdivision, located adjacent to and northwest of 1900 Westchester Road. Items A2 and A3 were combined under one report. Hyberger gave the staff report with the recommendation of approval with the condition that the preliminary plat and final plat is updated as required by staff before it is forwarded to the City Council. Donat questioned if all the missing items will be completed before the plats are sent to the City Council. Hyberger indicated they would have to be updated before proceeding. Donat noted that he has concerns on approving plats with many items missing. Buttgen questioned if there were other single-family homes in the area. Hyberger indicated there were some on Westchester Road. Aaron Mueller, CGA Engineers, 5106 Nordic Drive, Cedar Falls, noted that the missing items would be completed to get the plats to the City Council as soon as possible. Philip Shirk, 1732 Pinehurst Lane, indicated he was a developer on this project and wanted to develop the land with lower density residential, noting that the land is zoned"R-3" Multiple Family Residence District, which would allow for denser development. Shirk that the twin-homes are needed in Waterloo due to many people retiring. It was moved by Buttgen, seconded by Miehe to recommend approval of the preliminary and final plat request, with the condition that the plat is updated as required by staff before it is forwarded to the City Council. Motion carried unanimously. 3. Request by CGA Engineering on the behalf of 30 Something Real Estate, LLC for the final plat of Magnolia Hills, a 12 lot residential subdivision, located adjacent to and northwest of 1900 Westchester Road. Discussed and acted on under item A2. B. Vacates 1. Request by Steies Holdings to vacate a 20'x 100.46' (2,009.2 square foot)public alley, located to the northwest of 2022 Jefferson Street. Domoff read the staff report with a recommendation of approval with the conditions that 1) an easement be maintained over the vacated alley for access to utilities, and 2) that a signed intent to vacate form is turned in with the signature of the owner of the properties to the north of the alley before the vacate is sent to the City Council for approval. - 2 - Page 256 of 267 Planning and Zoning Commission June 5,2018 Donat questioned if the property to the north had concerns. Dornoff noted that there were no concerns from that neighbor,but there were concerns from the owner of the former Prairie Construction site, located at 321 West 18th Street. Flynn questioned who maintains the alley. Domoff indicated that it appears that the alley has not been maintained for quite some time. Miehe noted that Prairie Construction has access to West 18' Street, but vacating this alley will prevent them access to Jefferson Street. Dornoff noted that the alley has not been used as a means of access to that site. Bernie Unthum, Prairie Construction, 321 West 18th Street, noted that if the alley is deeded to someone else, they will be losing an access to Jefferson Street. Unthum indicated that a second access to their property is very important. Unthum indicated in the past to get access to their property they would drive around the alley next to their shop building along Jefferson Street, which is now owned by the applicant. Flynn questioned how often Prairie Construction uses the alley. Unthum noted that they do not use it at this time since their property has been up for sale. Wilber questioned why the applicant would like to buy the alley. Dornoff indicated that it is their main access point to their property. Hall questioned if no action is taken then the properties would not be negatively impacted. Schroeder noted this is a stub alley and the remainder is vacated in 1939 and the alley is only used as a means of access and not a through alley. Schroeder noted that Engineering mentioned this alley is not needed and Planning contacted the two abutting property owners to see if there was an interest in vacating and purchasing the alley. Wilber questioned if Unthum would be interested in working out an access easement agreement if the alley were vacated and purchased. Unthum stated he was unsure at this time but it could be a possibility depending how it would impact his property. It was moved by Flynn, seconded by Hall to table the request indefinitely until all the abutting property owners come to an agreement. Motion carried unanimously. C. Encroachment Agreements 1. Request by Sue Dawson, Jeff Streblow and Doug Abkes for an encroachment agreement to allow for 28 large rocks within the right-of-way, located 1214 and 1218 Janney Avenue and 1035 Wilbur Avenue. Hyberger gave the staff report with a recommendation of approval with the condition that there be a signed and executed encroachment agreement that enables the City to terminate the agreement and right to remove the large rocks in the event the area is needed for street or utility purposes. Flynn questioned if the City was at a liability if the agreement were approved. Anderson noted that it is written in the agreement that the City would not be liable. Donat questioned if the applicants needed to have permission before the rocks were placed there. Hyberger noted the rocks are in the right-of-way and should have asked for permission, and these rocks came to be known due to Code Enforcement citing them. - 3 - Page 257 of 267 Planning and Zoning Commission June 5,2018 Donat indicated he is concerned with the rocks that are placed near the fire hydrant and storm drain shown in the pictures and questioned if any concerns were raised. Hyberger no concerns were raised at the Technical Review Committee. Buttgen stated that there is no curb and gutter on Janney Avenue and questioned if there were plans to install any. Andreson noted there are no plans to do so. Jeff Streblow, 1214 Janney Avenue, noted that he was the first to put the rocks in the right-of-way and they have been there for 24 years. Streblow indicated that over the years traffic has eroded the front yard along Janney Avenue and he would like to put reflectors near the road to alert plow drivers where the road is. Flynn indicated she lives along a road with a curb and her grass gets gouged by snow plows. Anderson indicated that Planning would contact the Public Works Director about being able to put reflectors in. Buttgen indicated that there is a house at the intersection of West I Ph Street and West Ridgeway Avenue that has large rocks in the front yard due to cars hitting that house and questioned if the City put them there. Anderson noted that the property at that intersection requested the City put a guardrail up,but the City would not, so the property owner put those large rocks in, but they are on private property. It was moved by Wilber, seconded by Flynn to recommend approval of the encroachment agreement with the condition that there be a signed and executed encroachment agreement that enables the City to terminate the agreement and right to remove the large rocks in the event the area is needed for street or utility purposes. Motion carried unanimously. D. Annexations 1. Request by the City of Waterloo to annex 20.22 acres of land along the east side of North Elk Run Road, located northwest of 4455 Remington Road. Anderson gave the staff report with a recommendation of approval, noting that the City is buying the land from John and Dessie Rottinghaus and intended use in the future is for industrial uses. Anderson indicated that when the land is annexed, it will automatically be zoned as "A-l" Agricultural District. Flynn questioned how a purchase price was agreed upon. Anderson indicated that it was negotiated between the City and the property owner to purchase it for $13,000 per acre as future development land. It was moved by Miehe, seconded by Buttgen to recommend approval of the annexation request. Motion carried unanimously. E. Plans and Studies 1. Expansion of the Northeast Industrial Urban Renewal Area and TIF District. Anderson indicated that the Northeast Industrial TIF District would be expanded over the annexed area and TIF funds will be used to purchase the property. Flynn noted that the acreage size changed. Anderson noted that the annexation area was 20.22 acres, which included North Elk Run Road and the land to be covered by the TIF expansion was 19.08 acres. It was moved by Donat, seconded by Buttgen to recommend approval of the TIF expansion request. Motion carried unanimously. - 4 - Page 258 of 267 Planning and Zoning Commission June 5,2018 F. Discussion Donat noted that today were the primary elections and in the past due to Election Day in November, the meeting has been moved back one week. Donat questioned if that should be done in 2020. Commission members felt it would be better to address that when it comes closer to those dates in 2020. It was moved by Hall, seconded by Aliehe to adjourn the meeting at 5:26 pm. Motion carried unanimously. Respectfully submitted, c�"� (I;t Tim Andera, Planner 11 - 5 - Page 259 of 267 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes ofApH 17, 2018 City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date lllaa:rn'pr)g;& Zonkig Schroeder, uric Approved 7/31/2018 ... 11-tl 3 AM 1]errk Off-we fIng))y, 1" ar�cy A.pproved 7/31/2018 ... -o O PM ATTACHMENTS: Description Type ❑ p111 in rer.ftes of 17/18 (.`over 1cri/ro SUBJECT: Historic Preservation Commission minutes of April 17; 2018 Submitted by: Submitted By: Page 260 of 267 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING—April 17, 2018—4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:33 p.m. Commission Members in attendance were: Ottesen,Price, Stevens,Jaacks, Miller,Orlando and Jenson. Commission Member(s) absent were: None Others Present: Pat Morrissey—City Council Representative; Ed Gallagher—Grout Museum Representative; Candy Streed—Silos and Smokestacks Representative;John Dornoff—Planning Staff, and 3 citizens Approval ofAaenda Motion made by Price,seconded by Miller to approve the agenda of the April 17, 2018 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Miller seconded by Price to approve the minutes of the March, 2018 regular meeting as amended. Motion carried unanimously. Oral Presentations: Charles Pearson discussed the proposed Waterloo Civil Rights trail and connecting it to the Smokey Row survey. Hearin,as Request for a Certificate of Appropriateness for fences to be installed in both the front and back yards at 246 Alta Vista. Dornoff read the staff report. Jenson asked why it needs to be a 4-foot fence instead of the 3-foot fence to which the applicant responded that the fencing comes only in a 4-foot size and it would be difficult if not impossible to cut down to 3-feet. Motion made by Jaacks seconded by Jenson to approve the application for a Certificate of Appropriateness for fences to be installed in both the front and backyards at 246 Alta Vista. Motion carried unanimously. Reports 1. Main Street Main Street has a new director Jessica Rucker who will be attending the awards banquet this year. -1- Page 261 of 267 2. Silos and Smokestacks. Streed announced that Silos and Smokestacks is working toward moving from their existing space in the Fowler Building to a new space in the Master Service Station where the Visitors Bureau is located. The goal of the move is to not only have offices but have a true visitor's center where people can learn more about the area and the other sites that can be visited. 3. Grout Museum The Grout Museum will be holding their annual Gala on April 281h honoring Veterans. 4. Building Update Dornoff noted that the city is going after St. Mary's and that the Engineering Department is planning to demolished the rectory to do work on Virden Creek but once in cities hands the whole complex may be demolished. A RFP for the Rath building has not been released yet and several commissioners noted that the building still has not been secured. There was also discussion on the city have the money to secure the building. Morrissey said that something needs to be done with the Dunsmore House. The commission needs to be given $500,000 to fix up the building and use it, 5. Walnut Survey It is tentatively planned to have the,public hearing on the Survey possibly at the next meeting of commission. Ottesen asked they are going to be able to get the project done on time to which Dornoff answered that it is in their contract to have it ready to go by October. 6. Smokey Row Dornoff noted that the proposals are due on April 30th so by the next council meeting should have an idea of how the project is going to unfold. 7. Highland No Report. Discussion Items/Possible Actin Items 1. Phone Call with Maia Fiala-Jessen The Commission had a phone conversation with Maia Fiala-Jessen of Preservation Iowa and Main Street Iowa. The Downtown Summit will be held in Waterloo at the end of August. They are considering adding an additional day to the conference which would be August 28"'when they will have their annual awards banquet and offer tours of the area. They will prefer to have walking tours unless the commission can find a way to provide a bus to do a more extensive tour of the area. Although everything has not been finalized they are looking to have the -2- Page 262 of 267 lunch from 12:30 till 1:30 and have tours from 2 till 4. They have not selected a site for the luncheon so the commission suggested the Brown Derby. 2. Banquet 2018 Dornoff noted that thanks to Gallagher and Morrissey that the Banquet will be held at the Grout Museum this year. Jenson stated that he has talked to Bryan's on 4"'and they will cater for$5 per person and sent around a menu with the appetizer options on it. Motion made by Jenson seconded by Stevens to approve using Bryan's on 41 to cater the 2018 Awards Banquet. Motion carried unanimously. Commissioners also discussed whether to have a cash bar or brink non-alcoholic beverages to the banquet. 3. School Art Proiect Orlando delivered fliers to the schools and stories have appeared in the Courier and at KWWL. The art projects are due April 27`'and hopefully will be judged quickly so that the winners can be announced and ready for the awards banquet on the 3" 4. CLG Annual Report Dornoff explained that when he did some research for the CLG Annual Report he noted that in cities he researched, the cities with the most successful historical programs are ones that have a Historical Society that does the leg work. The place that has a successful preservation program without a very active historical society is Dubuque. 5. CIP 2019-2023 Dornoff noted that the commission has received money to cover the commission's portion of the cost for the Smokey Row survey. Orlando asked if money from the Civil Rights grant covers the difference will the commission be able to use the money for other projects. 6. Website/Reports/Data Base Dornoff noted that he is in the process of digitizing all the reports that the planning office has and will be putting them on the website by the first of June. Adiournment Ottesen adjourned the meeting at 5:47p.m. -3- Page 263 of 267 Respectfully submitted, i John Dornoff Planner I -4- Page 264 of 267 CITY OF WATERLOO Council Communication Complete Streets minutes of June 19, 2018. City Council Meeting: 8/6/2018 Prepared: REVIEWERS: Department Reviewer Action Date Plar)rrn'prr)g;& Zonkig Schroeder, brie Approved 8/P20 8 ... 0-40 AM t]errk Off-we fIng))y, 1" arr�cy Approved 8/x/2018 ... tl tl-0p A ATTACHMENTS: Description Type Conipletc Streets 6/19/18 iinrrniftcs Covet- ieriflo SUBJECT: Complete Streets minutes of June 19, 2018. Submitted by: Submitted By: Page 265 of 267 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting June 19, 2018 Meeting was called to order of the City of Waterloo Complete Streets Advisory Committee at 1:35pm April 10, 2018 by Chairperson Cass in the Mollenhoff Room, City Hall, 715 Mulberry Street. Roll Call: Members present were: Felecia Cass, Aric Schroeder, Pat Morrissey, Paul Hutting, Brian Schoon, and Wayne Castle. Members absent were: Mohammad Elahi, Abraham Funchess, Janet Bules, Greg Young, Jeff Bales, Dan Trelka, Will Frost, and Kevin Blanshan Also present: Codie Leseman—INRCOG, John Dornoff-Planning&Zoning Staff, and Tavis Hall. It was moved by Morrissey, seconded by Fluting to approve the minutes of the May 8, 2018 meeting. Motion carried unanimously. All-In Grocers Walnut Neighborhood Sidewalk Vacate • Dornoff noted that the item was pulled from the P&Z agenda for May, not added in June, and at the present time is not getting calls returned from the applicant if they want to go forward so at this point it is in limbo. • Schroeder said that the company is currently applying for New Market Tax Credits which has delayed the start of construction but no word on the vacate. Ansborough and Ridgeway • Dornoff noted that the applicants did not appear too eager to put in any sidewalks. • Schroeder said that the city council approved the rezone with a vague reference to sidewalks being considered after the traffic study is done but a study is not funded or pending. Infill Policv Update • Cass noted that neither Anderson nor the Mayor remember telling the committee to develop an infill policy. • Cass is to meet with the mayor on June 27"to discuss the infill policy. • The City Council appears to be indifferent to the prospect of a policy. • A meeting will be held on Friday with Council members Morrissey, Amos and Schmitt. Park Avenue • A number of delineators went up along Park Avenue mostly on the east side of the river although there is some near the convention center. • Concern was expressed that the delineators are white and may blend in with the painted lines. Also one of the delineators has already been hit. • The city apparently had the delineators in stock. • The delineators will be removed for winter plowing. 5'h/6'h Streets • Cass asked if there was any progress on turning 511 and 61 streets back in two-way streets. • Leseman and Cass discussed bike lanes and access to the downtown area using 5Th/6th • Hall and Leseman to take a closer look at providing bike lanes on the two streets. Wellmark Grants • Castle has applied for 2 Wellmark Grants one to complete the sidewalk on Park Lane that will allow easier travel to Hoover/Lou Henry and in the area of Kittrell Elementary. • Grant applications were for$20,000 to match the money that was approved in the 2018-2022 CIP. • Grants were not difficult to apply for. Page 266 of 267 Complete Streets Advisory Committee June 19,2018 Video on Boston Bike Lanes A video was shown that demonstrated new buffered bike lanes in Boston. Hudson Bicvcle Ordinance • The city of Hudson has passed a bicycle ordinance as suggested by the Iowa Bicycle Alliance. • The Mayor of Hudson says that the ordinance was evolutionary not revolutionary. • Morrissey would like the committee to take a look at it and make recommendations and ask for a Council work session. • Schroeder said that yielding to bicycles is important since Elahi has stated that according to Iowa law bicycles do not have right of way. Tavis Hall Comments • Hall stated that he has heard complaints from hotels about the lack of active transportation options in the Crossroads and La Porte Area. • A study will start later this year to study the future of La Porte and the La Porte/Crossroads area is a high priority area. • There will be difficulty putting sidewalks in on the perimeter of Crossroads so putting them across the parking lots may be a possibility but will require the cooperation of Crossroads Mall Management. University Avenue • Design team for the project is meeting bi-weekly. • Phase 1 is under construction • Phase 2 has been delayed so what was supposed to be Phase 3 from Ansborough to US Highway 63 will now be Phase 2. Previous phase 2 has been delayed due to the examination of options for Greenhill Road. • A Roundabout at Fletcher is now a possibility. • Cass asked if there was going to be an update from AECOM which was confirmed and due to the amount of items on the July agenda,will have AECOM present in August. • No decision made on the type of plantings for University. Other Discussion • Schroeder said that there is nothing major on the Planning and Zoning Commission agenda yet. • TIP input will be on June 27th, at the Sportsplex. • Morrissey noted that Edison Neighborhood is questioning the lack of a good trail in their area. One possible solution would be to use Main Street then along the backs of properties until near Fletcher where a conflict occurs. Adjournment Cass adjourned the meeting at 3:OOp.m. Respectfully submitted, John Dornoff Planner I 2 Page 267 of 267