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HomeMy WebLinkAboutCouncil Packet - 9/10/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 10, 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 116 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Rudy Jones, Community Development Director Agenda, as proposed or amended. Minutes of September 4, 2018, Regular Session, as proposed. Proclamation declaring September 15, 2018, as Latino Heritage Day Recognition of Carolyn Sallis for 30 years of employment Recognition of Kim Chapman for 30 years of employment ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Terence Starks for a waiver for a concrete driveway located at 501 Lakeside Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, Interim City Engineer 3. Request of East High School to hold their annual Homecoming Parade on September 21, 2018 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on E. 5th , Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade. Submitted By: Dave Mohlis, Police Captain B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lance Dunn, Human Resources Director Page 2 of 116 Class/Meeting: IAPELRA Fall Conference (Iowa Public Employer Labor Relations Association) Destination: Johnston, IA Dates: September 13- Amount not to exceed: NTE $333.10 14, 2018 b. Jon Martin and Matt Chesmore Class/Meeting: Iowa Association of Housing Officials Annual Classes and Conference Destination: Hawkeye Community College Dates: October 3-5, Amount not to exceed: $600.00 2018 C. Kent Shankle, Director Class/Meeting: Return Gerberich artwork, pick up new donated artwork Destination: Providence, RI Dates: September 13- Amount not to exceed: $1,290.00 18, 2018 d. SportsPlex Employees Class/Meeting: Workplace issues and customer service training Destination: Waterloo SportsPlex Dates: September 23, Amount not to exceed: $600.00 2018 2. LIQUOR LICENSES a. Firewater Cafe, 712 Jefferson Street Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 8/31/2019 b. Holiday Inn Express, 2127 LaPorte Road Class: Special C Liquor/ Living Quarter Renewal Application Includes Sunday Expiration Date: 9/30/2019 C. Kwik Star#1004, 111 E. Donald Street Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 10/21/2019 d. Marin Gallery, 615 Sycamore Street Class: B Native Wine New Application Includes Sunday Expiration Date: 8/31/2019 e. Rudy's Tacos - Beer Hall - Lava Lounge, 2401 Falls Avenue Class: C Liquor Renewal Application Does not include Sunday Page 3 of 116 Expiration Date: 9/27/2019 3. APPOINTMENTS a. Larry Bjortomt Board/Commission: Library Board of Trustees Expiration Date: 06/30/2024 New Appointment b. David Deeds Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2018 New Appointment C. Marla Edler Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment d. Kim Huff Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2018 New Appointment e. Rick Jaacks Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2020 New Appointment f. Jane Messingham Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2018 New Appointment g. Tony Stammler Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment h. Ivan Valtchev Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2018 New Appointment i. Andy VanFleet Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2018 New Appointment 4. Recommendation of appointment of Dana Jackson from the Civil Service list to the position of Inspector/Maintenance Supervisor for the Waterloo Housing Page 4 of 116 Authority effective September 17, 2018. Submitted By: Julie Dawson, Housing Authority Director 5. Recommendation of appointment of Kate Winston to the position of Clerk II in the Police Department effective September 24, 2018. Submitted By: Frank Krogh, Captain 6. Cigarette/Tobacco Permit New Application for Kwik Stop #3, 1104 Washington Street. 7. Cigarette/Tobacco Permit New Application for Wishbone II, 201 W. 18th Street. 8. Bonds. PUBLIC HEARINGS 2. Request by Steies Holdings, LLC to vacate, sell and convey a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street, in the amount of $2,150.92, plus filing fees. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time and Ordinance approving a request by Steies Holdings, LLC to vacate a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Resolution authorizing sale and conveyance of city owned property located northwest of 2022 Jefferson Street, to Steies Holdings, LLC in the amount of$2,150.92, and authorize the Mayor to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 3. Request of Overland Group, LLC for the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive in the amount of$12,000.00, and approving a Purchase Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $12,000.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Purchase Agreement between The Overland Group, LLC and the City of Waterloo, Iowa, for the purchase of city-owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 4. FY 2019 Sidewalk Repair Assessment Program -Zone 8, Contract No. 958. 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. Page 5 of 116 Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. No bids were received for contracted sidewalk repair work and a new hearing will be set for a later date. Submitted By: Wayne Castle, PLS, PE,Associate Engineer RESOLUTIONS 5. Resolution approving temporary, parking prohibited signs on the northeast side of Lafayette Street from E. 2nd Street to Mullan Avenue. Submitted By: Sandie Greco, Interim Public Works Director 6. Resolution authorizing the next phase of construction on University Avenue from Greenhill Road to Midway Drive, and authorizing City Staff to begin condemnation proceedings to allow for acquisition of temporary easements for the construction of the bike trail. Submitted By: Jamie Knutson, PE, Interim City Engineer 7. Resolution approving a Permanent Drainage and Utility Easement Agreement in the amount of$29,000, with Nisvet Covic and Fikreta Dervisevic, in relation to the Delane Creek Drainage Basin Improvements Project, located at 2802 Delane Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving acceptance of 2019 GTSB Highway Safety Grant in the amount of$50,900 for impaired driving enforcement. Submitted By: Dave Mohlis, Police Captain 9. Resolution approving a Professional Services Agreement with Ritland+Kuiper Landscape Architects, of Waterloo, Iowa, in an amount not to exceed $9,500, in conjunction with the reconstruction of Franklin Street, from E. 1st Street to E. 6th Street, as part of the FY 2019 Street Reconstruction Program, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 10. Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in an amount not to exceed $74,000, and authorize the Mayor to execute said documents. Submitted By: Paul Huting, Leisure Services Director 11. Resolution approving a Consulting Services Agreement with Ecoengineers, in an amount not to exceed $11,850, for a preliminary Biogas to RNG Offtake Market Analysis, and authorize the Mayor to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Department Director 12. Resolution approving City/State Funding Agreement for Federal-Aid Swap Funding, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Page 6 of 116 Contract No. 922, as part of the Department of Transportation's City Highway Bridge Program, in the amount of$1,000,000, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer OTHER COUNCIL BUSINESS 13. Motion approving Change Order No. 5 for a net increase of $60,386 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 14. Motion approving Change Order No. 1 for a net increase of $47,371, for the FY 2017 Northeast Industrial Park Site Grading, Contract No. 926, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 7 of 116 CITY OF WATERLOO Council Communication Minutes of September 4, 2018, Regular Session, as proposed. City Council Meeting: 9/10/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'iice i flp.a'�y; 1" mmcy Approved 9/5/20 V kp ... tl tl:20 AM ATTACHMENTS: Description Type Minutes of September 4, 2018 Baac.kup:r Mame laap Submitted by: Submitted By: Page 8 of 116 September 4, 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, September 4, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 146454 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 4, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146455 - Juou/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 27, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. ORAL PRESENTATIONS Dwane Eilers, 1205 '/2 Bishop Street, approached the podium to speak. Mayor Hart asked repeatedly that he remove his hat, which he did not. Mayor Hart stated that Mr. Eilers comments would not be recognized and called for a motion to recess. 146456 - Amos/Morrissey to recess at 5:35 p.m. Voice vote-Ayes: Six. Motion carried. 146457 - Amos/Morrissey to reconvene at 5:41 p.m. Voice vote-Ayes: Six. Motion carried. Jim Chapman, 224 Bertch, questioned how the water treatment plant is handling the excess rain that the city has received. David Dryer, 3145 W. 4th Street, commented that he attended the University Avenue update and questioned why a roundabout would be placed at Fletcher and did not get a definitive answer on why cities on the east coast are removing roundabouts. He explained that the Courier published an article stating that the city would not include roundabouts as part of the project. Mayor Hart explained the progression of the project. John Wheeler, 929 Home Park Blvd., thanked the Forestry Department for being proactive at taking down a hazardous Ash Tree for his neighbor. Mr. Morrissey explained that Noel Thornsberry passed away on Saturday and explained that he was a very smart, intelligent individual who was very interested in local government. September 4, 2018 Page 2 Dan Trelka, Chief of Police, explained that there are several intersections where red light cameras will be installed within 3 months, and footage from those cameras will be accessible for investigations. He further explained that he has been working with the Mayor to discuss the possibility of modifying the video camera ordinance as it applies to private businesses. Mayor Hart questioned if the safety cameras that Sandie's department is installing would be capable of helping to solve situations the city is currently dealing with. Dan Trelka confirmed that the cameras would be used to help resolve crimes. Mr. Amos commented that individuals in Ward 3 and Ward 4 would like to see cameras in their areas. Mrs. Juon commented she was still confused between the red light cameras and Sandie's cameras and suggested that some of the public may have the same level of confusion. Mayor Hart commented on Dubuque's camera system throughout their community. He explained the benefits of having a highly sophisticated camera system and stated that Waterloo's camera system will be one of the best technologically advanced systems in the entire state of Iowa. Mr. Schmitt questioned if Mediacom is involved in helping with public safety. Dan Trelka explained that Mediacom does help with the pole cameras but there is an annual cost involved. Jamie Knutson, Interim City Engineer, provided an update on proactive flood prevention efforts. He explained that the Cedar River is predicted to crest at 16.7 feet on Wednesday. Mayor Hart commented that the Army Corps provides a list of areas to look at a particular time in these instances. Sandie Greco, Public Works Director, explained that Shaulis Road is open by the casino and that the city is making sandbags in case anyone needs them. A public sandbag filling station is set up outside the public works building as well. Mr. Schmitt requested an explanation of the water backing up out of the sewer system in the Audubon neighborhood. Jamie Knutson explained that too much water is coming in and the pipes are not capable of handling the large amount of water falling at a fast rate. 146458 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146459 - Juon/Schmitt September 4, 2018 Page 3 District for lot layout located west of 3301 Greyhound Drive, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2018-657. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. P.O. Ehlers Gangs in our Dubuque, IA September 19, $115.00 backyard 2018 b. P.O. Watson Crime Scene Raymond, IA September 24-28, $250.00 Investigation Class 2018 c. Cheryl Huddleston, IAPELRA Fall Johnston, IA September 12-13, $184.00 Human Resource Conference (Iowa 2018 Manager Public Employer Labor Relations Association 2• Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda a. Longhorn Steakhouse#5374, C Liquor Renewal 8/31/2019 x 1425 E. San Mannan Drive b. Red Lobster#6267, 941 E. C Liquor Renewal 7/27/2019 x San Marnan Drive c. Fairfield Inn & Suites, 2134 B Wine/C Beet- Renewal 9/30/2019 x LaPorte Road d. Mama Nick's Circle Pizzeria, C Liquor Renewal 9/9/2019 x 1934 Washington Street e. Newton's Paradise Cafe', 128 B Native Wine/C Renewal 9/17/2019 x E. 4th Street Liquor w/Outdoor Service/Catering Privilege £ West Side Liquor, 919 W. B Wine/C Beer/E Renewal 9/20/2019 x 5th Street Liquor 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment Planning, Programming & Steve Trost 9/4/2021 New Zoning Commission 4. Cigarette/Tobacco Permit New Application for Kwik Star#1004, 111 E. Donald Street. September 4, 2018 Page 4 146461 - Schmitt/Jacobs To fill by appointment. Roll call vote-Ayes: Two. Nays: Four (Morrissey, Klein, Amos, and Juon). Motion failed. Mr. Schmitt explained that the appointment process would cost less than the special election and would place an individual in the position faster. Grant Veeder, County Auditor, provided an explanation of the options and subsequent timeline allowed by law. Mr. Schmitt questioned the timeline if council should chose to fill the position by appointment. Grant Veeder explained the council could chose to fill by appointment at their discretion, however the appointee could not continue to serve, if a petition for a special election is filed. Mrs. Juon commented that several wonderful people have stepped forward to offer to be appointed but that she has met with individuals of Ward 5 that want to have a special election. She further stated that she supports a special election. Mr. Amos commented that the council had an opportunity to have an election on November 6 with no cost to the taxpayers. He explained that he does not support the amendment. Mr. Morrissey commented that an individual contacted the city about filing a petition if the council chooses an appointment and citizens have expressed frustration that the election would not happen on November 6. He explained that the voters want an election and that he does not support the amendment. Marcia Buttgen, 1510 Lyon Avenue, explained that she was disappointed that the council did not want to have the election on November 6 and that it seems that it may be difficult for the council to make a choice now. She explained that during the budget the council talked about cutting the budget and that now the council wants to spend $6,000 to $12,000 on an election. Grant Veeder explained that the deadline to file papers is November 16. 146462 - Schmitt/Amos that "Resolution accepting a grant from the Black Hawk County Gaming Association in the amount of $600,000 in conjunction with the Lincoln Park Improvements project", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the improvements and what it will cost the city. Paul Huting, Leisure Services Director, briefly described the improvements and commented that the city's portion would be $40,000 of the total project cost of$980,000. Mayor Hart questioned if public meetings have been held. Paul Huting confirmed that the preliminary plans had been presented at the public meeting and also September 4, 2018 Page 5 146464 - Schmitt/Amos that "Resolution approving a lease agreement with C & S Car Company for a 2019 Hyundai Santa Fe, VIN No. 5NMS33ADOKH005480, to be used by the School Resource Officers, for a six (6) month period at no cost to the City, and authorize the Mayor to execute said agreement", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Jacobs questioned how the city thanks the company for their generosity. Dan Trelka, Chief of Police, explained that he has personally thanked the company. Mayor Hart asked Chief Trelka to work with Wendy Bowman for a more formal acknowledgment of their generosity. Resolution adopted and upon approval by Mayor assigned No. 2018-661. 146465 - Morrissey/Amos that "Resolution awarding the FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952, to Lodge Construction, Inc. of Clarksville, Iowa, in the amount of $242,253, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-662. 146466 - Morrissey/Amos that "Resolution approving Acceptance of Improvements of the Audubon Hills First Addition, performed by Dave Schmitt Construction Company of Cedar Rapids, Iowa, and receive and file two- year maintenance bonds",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-663. 146467 - Morrissey/Amos that "Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Leisure Services SportsPlex in the amount of $11,580, for marketing, and to Waterloo Leisure Services in the amount of $12,390, for an event shuttle", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-664. 146468 - Amos/Morrissey that "Resolution approving the Memorandum of Understanding with INRCOG for the writing, preparation, and submittal of the Iowa Department of Transportation R.LS.E grant to improve access for the former Weissman Steel Site near the Hwy. 63 and University Avenue intersection, and authorize the Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote-Ayes: Six. Motion carried. September 4, 2018 Page 6 Valley Crossing Development near the intersection of Hwy. 63 and Hwy. 20, to provide an extension of Mamie Avenue, and authorize the Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Mrs. Juon commented that she checked with the city attorney and does not have a conflict of interest when voting for this item as she is no longer employed by INRCOG. Resolution adopted and upon approval by Mayor assigned No. 2018-666. 146470 - Amos/Morrissey that"Resolution approving award of bid for Janitorial Services to Midwest Janitorial Service, Inc., in the amount of $7,154.00/month, for the following buildings: City Hall, Carnegie Annex, Waterloo Police Training Center, Memorial Hall, Waste Management, and the Parking Ramp Enclosure attached to the Waterloo Building",be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned if unionized organizations could be added to the list of those who receive the opportunity to bid. Noel Anderson, Community Planning and Development Director, commented that his department will look into unionized organizations that would be interested in bidding. Mr. Morrissey questioned if there is currently a list of unionized companies in the region. Noel Anderson, commented that he is unaware of such a list but would do some checking and that it is currently not listed as a criteria in the bid documents. He further commented that the documents were made available in several different forums Resolution adopted and upon approval by Mayor assigned No. 2018-667. 146471 - Schmitt/Amos that "Resolution rescinding Resolution No. 2015-187 adopted on March 9, 2015 to correct a utility easement description for an Encroachment Agreement with University of Iowa Community Credit Union, and adopt a new resolution entering into an Encroachment Agreement with University of Iowa Community Credit Union, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey commented that he had read the University of Iowa had filed action against the Credit Union for using University of Iowa in its name and questioned if this could pose a problem in the future. Dave Zellhoefer, City Attorney, explained that the University of Iowa has objected to the name of the credit union and any name change could take up to a year or two. He also explained there would be no difficulty amending the agreement to reflect any future name change. Resolution adopted and upon approval by Mayor assigned No. 2018-668. 146472- Schmitt/Amos .1 IGGT 1 - 1 A 1 .1 T 1 September 4, 2018 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2018-670. 146474 - Klein/Amos that "Resolution accepting deed from Black Hawk County for property generally located at the corner of Walnut Street and 6th Street in the amount of$1.00, and authorize Mayor and City Clerk to sign and fully execute all necessary documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-671. 146475 - Klein/Amos that "Resolution approving Professional Services Agreement with I & S Group, Inc., in an amount not to exceed $206,390, for a Building Survey/Assessment for the City of Waterloo, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-672. ORDINANCES 146476 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet", be considered and passed for the third time and adopted. Roll call vote-Ayes: Six. Motion carried. Jim Chapman, 224 Bertch, commented that he supports the overlay district and questioned the name change of a new establishment from Guddi Mart to Byron Avenue Supermarket, and how liquor licenses work in the event of a name change. Kelley Felchle explained that a liquor license needs to be held by the individual or company receiving the revenue from liquor sales and commented that the Clerk's office has not been made aware of a new ownership for said establishment. Mr. Schmitt questioned how soon the Clerk's office would be made aware of any change in ownership. Kelley Felchle explained the process for ownership updates. Ordinance adopted and upon approval by Mayor assigned No. 5465. 146477 - Schmitt/Morrissey that "an Ordinance amending the 2008 City of Waterloo Traffic Code by Adding Subsection (8A) Crabapple Lane, to Section 545, Yield Streets, to the 2008 Traffic Code as follows: Crabapple Lane at Falcon Ridge", be received,placed on file, considered and passed for the first time. Roll call vote- Ayes: Six. Motion carried. September 4, 2018 Page 8 at Falcon Ridge", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5466. ADJOURNMENT 146480 - Morrissey/Jacobs that the Council adjourn at 6:42 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Cleric CITY OF WATERLOO Council Communication Proclamation declaring September 15, 2018, as Latino Heritage Day City Council Meeting: 9/10/2018 Prepared: 7/16/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Apap)roved //G 6/2018 :2:02 PM t`11erk Office i p igby, 1" aaracy Apap)roved 9/4/2018 tl 2.40 PM ATTACHMENTS: Description Type 13u-oedaai-natiion L.atiiruo II r tai,,, Day 2018 Backup Mat riiap Submitted by: Submitted By: Mayor Quentin Hart Page 17 of 116 r OF WATERLOO, IOWA PROCLAMATION WHEREAS, according to U.S. Census Bureau data, more than 5% of Waterloo residents identify themselves as being of Hispanic or Latino descent; and WHEREAS.. the City of Waterloo is proud to be home to a broad and diverse Hispanic and Latino community that contributes greatly to the social, cultural, economic, and political strength of the community; and WHEREAS., Hispanic and Latino citizens represent leaders in politics, business, education, the arts, entertainment, the military, science, technology, athletics, medicine, and law, and are critical to building a stronger nation for future generations; and WHEREAS, we commemorate the essential contributions, sacrifices, and accomplishments that Hispanic and Latino Americans have made to the United States throughout our nation's history; and WHERE as we build a community that is open and welcoming to all, a special celebration has been planned to be held at the RiverLoop Amphitheatre, on September 15,2018. NOW,, THEREFCIRE., 1, Mayor Quentin Hart, do hereby proclaim September 15,2018, as LATMO H"NAGE DAY And encourage all Cedar Valley citizens to participate in FIESTA: A CELEBRATION OF LATINO CULTURE at the RiverLoop Expo Plaza. IN RMESS WHEREOF I have here unto set my hand and caused the official seal of the City of Waterloo,Iowa to be affixed this loth day of September 2018. CITY OF WATERLOO Council Communication Request from Terence Starks for a waiver for a concrete driveway located at 501 Lakeside Street, 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: 9/10/2018 Prepared: 8/30/2018 REVIEWERS: Department Reviewer Action Date F^'nnggdrrmeer'ing 1 niasob i, Jamie Approved 9/4/2018 -00 P t.`Ilerrp Office ppigngby, Nanamcy Approved 9/3/2018 ... 9.30 A ATTACHMENTS: Description Type DW Waiver 501 l,rrakesude St Menio Request from Terence Starks fora waiver for a concrete driveway located SUBJECT: at 501 Lakeside Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: HOLLINGSWORTH SECOND ADDITION LOT 68 Page 19 of 116 WAIVER Date: Z"I Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (�concr eterr asphalt) Kf (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. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars#1 7.0.0),,fbr the purpose of recording this agreement. Respectfully submitted, a J, 12 C,C Printed Name,of Property Owner Signature of Property Owner Page 20 of 116 CITY OF WATERLOO Council Communication Request of East High School to hold their annual Homecoming Parade on September 21, 2018 from 2:00 p.m. to 3:00 p.m.,beginning and ending at East High, traveling on E. 5th , Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date 1 o ce Dclsartrnent Mohiis, Dave Approved 9/4/2018 �2-�2 P 1.1Ilcak Office 1pigby, Nauamcy Approved 9/4/2018 12.48 PM ATTACHMENTS: Description Type 1.?ast 11:ippirr Parade- re:ju:uest Me nio Request of East High School to hold their annual Homecoming Parade on September 21; 2018 from 2:00 p.m. to 3:00 p.m., beginning and ending at SUBJECT: East High. traveling on E. 5th, Sycamore and E. 4th Streets; including a street closure of High Street from 10:00 a.m. to the starting time of the parade. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request East High holds their homecoming parade every year. Parade route will start Summary Statement: at East High going from S. Barclay to MLK, then 5th Street to Sycamore, Sycamore to E 4th Street, then back to the school. The parade will consist of minimal floats and cars. Expenditure Required: The School Resource Officers provide support for this parade, including traffic control. Source of Funds: General Policy Issue: None Page 21 of 116 WATERLOO POLICE DEPARTMENT MEMORANDUM DATE: 09/03/2018 FROM: Officer J. Harrington SUBJECT: East High School Homecoming Parade DIRECTOR OF SAFETY SERVICES.....❑ ADMINISTRATIVE CAPTAIN.................❑ INVESTIGATION CAPTAIN...................❑ CAPTAIN OF POLICE SERVICES.......❑ FINANCE.............................................❑ WATCH I..............................,..............❑ PATROL DIVISION RECORDS!COMPUTER.....................❑ WATCH II............................................❑ WATCHI..............................................El TRAINING.............................................❑ SRO.....................................................❑ WATCH II.............................................❑ INTERNAL AFFAIRS/PERSONNEL...❑ DART................................................... ❑ WATCH III............................................G PROPERTYIEVIDENCE ❑ ICAG...........................................❑ VIOLENT CRIME TEAM(VCAT).........❑ CRIME LAB.................................. ALL.... ❑ TRI-COUNTY TASK FORCE..............❑ LEIN/FUSION CENTER..................❑ ATTENTION: Capt. Mohlis , Mayor Q. Hart Waterloo East High School is requesting to have a Homecoming Parade on September 21St, 2018 . The parade would begin around 2 : 10 P.M. and end approximately 2 :40 . The route they would like to take is as follow. i Leaving East High School from South Barclay and MLK heading towards downtown Waterloo. They would like to take 5th street to Sycamore and then turn right. The parade will return to East High School using East 4th street . The parade will consist of 4 floats , the Marching band , the football team , cheerleaders ,dance team , and 10 convertible style vehicles . Along with the Parade they also request to be allowed to block off High St . on the same day. They would like to have their yearly Flavor of East. The time for closing High St . would be from 10 : 00 a.m. till around the time the parade would start. Blocking High St . would allow students and staff to safely cross the street and enjoy the event . Thanking you in advance for your attention into the matter, f ' cer rri ton F / a H' ` School Page 22 of 116 CITY OF WATERLOO Council Communication Recominendation of appointment of Dana Jackson from the Civil Service list to the position of Inspector/Maintenance Supervisor for the Waterloo Housing Authority effective September 17, 2018. City Council Meeting: 9/10/2018 Prepared: REVIEWERS: Department Reviewer Action Date tpanu sing A. nA,horpty Mayers, Sonm a Approved 9/5/2018 ... 9.36 AM (.`11erk Ot'pnce plipt'.)y, 114armcy R.epecded 9/5/2018 ... 0.47 .1 flouaui ig Ai t.tffi nrnty Mayer, So npa Approved 9/5/2018 ... 1 �-.53 AM t:`Iler� ()ff'wuu p pr}npry Nancy Approved 9/5/20](S ... 11-.57 Ali ATTACHMENTS: Description Type Perso nrid pko:pauusiton Cove.r Me.rno .pops De uilpflo n ("'over Mernnno Depararli-rne nt l lead Q uc.sturrnnnrrar rc: ('..roves Mcnnio Recommendation of appointment of Dana Jackson from the Civil Service SUBJECT: list to the position of Inspector/Maintenance Supervisor for the Waterloo Housing Authority effective September 17, 2018. Submitted by: Submitted By: Julie Dawson, Housing Authority Director Recommended Action: Approval Source of Funds: HUD Federal Grant Page 23 of 116 rJ RECEIVED MAY 3 0 2018 „ ll � PERSONNEL REQUISITION FOR t Cite jk as��Iiapplicable: To start recruiting or civil service process and/or To fill a vacancy ❑ Active Civil Service List Expires. A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. «*,►.x*�*+w*«aarr�r+rr*��,t�r�*�a��r��,w,warm,rx•aaa«,r�,r+*,w**.���****�����,�*�a*,����r�*****��,�,�,�*«*******«rr*+�,r Position Title: Inspector/Maintenance Supervisor Department: Housinix Authority Deports To: Julie`e yaw on,Director ._, Work Location: Housing Authors r RidP,eway Q:wcrs Employment Status: Regular pull Time ❑Temporary Full Time from � to ❑ Regular Part Time ❑Temporary Part Time from to ....................... Regular 7-Month Q intern/Co-op Student from _ to Tyne)f Position: Recommended Recntitmeni sources: Civil Service Position: 9 Yes ❑No ❑ Internal Posting Only Bargaining Position: ❑Yes ED No Internal Posting and External Advertising Bargaining Group: Non-bargaining Position: ®Yes El No www�wrcwwkwwsw+kww�Iwirwwiiwwti�aMw*ww1*4w1Mw+►+M+Mww+MswwwwwwMewMw#wwMiww�Y�IrMwM*Awwwwt+F*wwrtwwwY+Y+laiw4**ii*rw♦ Complete the following ifthe requisition is to till a vacancy: ❑ New Position or 0 Replacement Position for.Johnni 1 t Maintenance u ery (Speciry name snd title of former incumbent) If replacement,former incumbent: ID Retired/Resigned/Terminated Q Transferred [3 Promoted Date incumbent terminated employment: 5191111-deceased pate of final payout: None Anticipated start date: ASAP No.ofhourstweek:4Q,i Work schedule: 8:00 a.m.J:010-p.m. Monday!!ridav J01110callon_orined fQ,r position: Housing Maintenance for Ridgeway Towers is currently doing inspections 32 hours/week (as of 6/4/18). We have it temp 32 hours/week at DT(as of 614118). Both positions need foil-time personnel.The workload of inspections requires availability 40 hours/week and the amount ofcustodial/maintenance responsibilities at Ridgeway Towers also requires a full-time person, We have been"limping along"for some time with Housing Coordinators filling in for inspections or unable to schedule them for at least 2 weeks,and routine chores not being completed at Ridgeway. What are the likely.conseifthe o filled? Continued deterioration of our Ridgeway Towers apartment building,and rurther delays for Section 8 inspections. We need this position filled as soon as possible! APPROVALS Annual salary requirements: Hourly Rate:$27.03+any 7/l/18 percent increase Benefits: (Payroll taxes,passion,health ins.-assuming family) Is position budgeted for this and future FYs7 g Yes Q No If no, how will position be funded? Approved subject to the following conditions: ubmffifljirg Dcpanmant Head D Mayer - A o. Date 1 Chic mancial{3ttle Date Human Resources Director � � 'DoE j t Human Resources Committee Chairperson Date Created 6/3at2017 Page 24 of 116 nn„�.„ ,,. naw�wwara-» %w, rou�anwrrrmrr+,��,» „, w, ,u,�wwww,�ammwn »o. Any current full time regular City of Waterloo employee who meets the minimum qualifications its eligible to apply. All qualified employees must submit a cover letter and resume detailing education and experience by going to the applicable link you received in an email or that was sent to the department clerical staff. Hand- delivered resumes or resumes sent by email directly to Human Resources will no Ionger be accepted. Deadline is 5;00 p.m. Friday,July 20,2018. CITY OF WATERLOO,IOWA CIVIL SERVICE NOTICE i PROMOTIONAL EXAMINATION INSPECTOR/MAINTENANCE SUPERVISOR DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT WATERLOO HOUSING AUTHORITY SALARY $27.67 per hour FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Establishes and implements an ongoing inspection and maintenance program for all housing related programs administered by the Waterloo Housing Authority. The work is performed under the general direction of the Waterloo Housing Authority Director but considerable leeway is given for the exercise of independent judgement. This is a technical, hands-on inspections and maintenance position. EXAMPLES OF ESSENTIAL FUNCTIONS 5. Ensures compliance with the Bight-To-Know (Illustrative Only) laws and other OSHA rules and regulations These functions are considered essential for successful concerning the use and storage of hazardous performance in this job classification. chemicals and pesticides. 1. Conducts all Section 8 entry and recertification 6. Makes judgments as to maintenance repairs. inspections including the physical inspections of all buildings, grounds, common areas and 7. Clarifies HUD home quality standards apartments managed or owned by the Housing requirements and provides repair/replacement Authority. solutions. 2. Purchases and distributes all materials and 8. Ensures that all housing owned and maintained equipment needed to perform maintenance duties. by the Housing Authority complies with the Americans Disability Act (ADA) and other 3. Supervises, prioritizes, schedules and assists all Federal, State and local regulations. maintenance personnel in semi-skilled and skilled maintenance functions related to property 9. Types on personal computer or standard managed or owned by the Housing Authority. typewriter and sends repair letters. 4. Develops and implements a comprehensive 10. Operates passenger-type vehicle, snow blower, maintenance, janitorial and preventive power tools and hand tools and shovels snow. maintenance program for all property owned and/or maintained by the Housing Authority. 11. Answers questions regarding Housing Authority maintenance and repair work based on knowledge Page 25 of 116 of department policies, regulations and 7. Ability to read, interpret and follow blueprints, procedures or directs questions to proper staff plans and diagrams. person. 8. Ability to assess and repair minor maintenance 12. Responds to maintenance emergencies on problems using tools, materials and procedures weekends,evenings and holidays. involved in general maintenance and custodial operations. 13. Works independently and with others with minimum or no direct supervision. 9. Ability to read and understand chemical hazard labels and written or verbal directions of 14. Works inside and outside in all weather supervisor. conditions; works around mechanical and electrical hazards; work environment may be 10. Ability to work, independently and with others dirty; operates tools and equipment that cause without direct supervision and to make decisions vibration; walking surface may be uneven, wet, based on department and City policies, rules and muddy or slippery. regulations. 15. Performs all work duties and activities in 11. Ability to communicate effectively and maintain accordance with OSHA, City and department working relationships with other City employees, policies, procedures and safety practices. supervisors,tenants and the public. 16. Attends work regularly at the designated place 12. Ability to work with people from a broad variety and time. of social,economic, racial,ethnic and educational backgrounds. 17. Performs all other related duties as assigned. ACCEPTABLE EXPERIENCE&TRAINING REQUIRED KNOWLEDGE& ABILITIES 1. High school graduate/GED. I Knowledge of operation and function of various air handling, tempering, metering, thermostatic 2. Minimum three years progressively more and safety controls, piping, wiring, ADA and responsible experience in building maintenance GHS requirements. and management including hands-on work experience in plumbing, electrical, heating and air 2. Knowledge of plumbing, electrical, mechanical conditioning maintenance (work experience must and HVAC terminology including Federal be verifiable through previous employers) plus housing quality standards and City codes for additional specialized, formal related training(i.e. existing housing. technical school or working with a skilled journeyman or master tradesperson) equivalent to 3. Knowledge of proper construction methods and two years of college. techniques and costs of labor and materials for OR apartment maintenance. Any equivalent combination of education and experience that provides the knowledge, skills 4. Ability to make judgments affecting health and and abilities necessary to perform the essential safety of Section 8 tenants and to respond to functions of the position. questions and complaints tactfully and politely. 3. Iowa Drivers License and good driving record 5. Considerable knowledge of standard practices, based on City of Waterloo driver performance tools, terminology, materials and procedures of criteria. A candidate with any of the following all building maintenance trades. will not be considered for employment: loss of license for any reason during the period of 6. Considerable knowledge of occupational hazards candidacy for employment if the candidate associated with and the safety precautions remains without a valid, current license for the necessary when performing general maintenance position when the City issues an offer of and operating powered equipment and tools and employment; loss of license, plea of guilty, plea ability to observe and enforce appropriate safety of no contest or its equivalent or conviction for precautions. OWI, reckless driving or other major moving violation within the previous five years; four or Page 26 of 116 more citations for moving violations within the 6. Sufficient color vision to identify indicator lights previous three-year period, excluding speeding on electronic control panels, electrical wiring, violations of 10 mph or less over the posted speed heating,cooling and plumbing pipes. limit; three or more citations for moving violations within the previous one-year period. 7. Sufficient personal mobility that permits the After appointment to the position, disciplinary employee to move physically from one City or action or continuing employment status may be Housing Authority facility or property location to reviewed for the following: four or more moving another with tools and equipment and to work for violations within the previous three years,three or extended period of time in cramped or difficult to more moving violations within the previous one reach areas. year or loss of license or conviction for OWI, reckless driving or other major moving violation MISCELLANEOUS within the previous five years; two or more at- 1. Must wear personal protective equipment such as fault accidents within a three-year period while safety shoes, safety glasses and hearing driving on City business, An applicant's driving protection. record will be reviewed prior to an offer of employment and at least annually after hire, 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination ESSENTIAL PHYSICAL ABILITIES including a drug test by a physician of the City's The following physical abilities are required with or choice to determine if an applicant is capable of without reasonable accommodations. performing the essential functions of the position. Failure to pass the physical exam and drug test I. Sufficient strength to perform assigned tasks will result in withdrawal of the employment offer. including lifting and carrying up to 40 pounds alone or additional weight with assistance. 3. The City of Waterloo will conduct a background investigation including employment, education, 2. Sufficient strength and ability to work from driving and criminal history checks on any ladders, scaffolding or man-lift up to twenty feet applicant being considered for this position. in the air. 4. Must submit to and pass Civil Service 3. Sufficient stamina to perform strenuous activity examination procedures including a panel up to eight hours per day including carpentry, interview. HVAC, electrical, plumbing and other maintenance duties, WORK SCHEDULE Will generally work Monday-Friday 8:00 a.m. -5:00 p.m. 4. Sufficient speech and hearing that permits the with a one hour unpaid lunch. May be required to work employee to communicate effectively with other occasional overtime. Must respond to emergency calls on workers, tenants and vendors in person or over a weekends,evenings and holidays. telephone, to understand verbal instructions, respond to questions from the public, diagnose equipment malfunctions, and to safely operate equipment and tools. 5. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient dexterity to safely operate powered and manual INSPECTOR-MAINTENANCE SUPERVISOR DESCRIPHON 18 construction tools and equipment. July 2018 Page 27 of 116 PERSONNEL REQUISITION INSPECTOR/MAINTENANCE SUPER VISOR The following questions are provided as guidelines to assist you in developing your rational for the position of Inspector/Maintenance Supervisor in the Housing Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Performing Section 8 new, annual and complaint inspections using HUD's Housing Quality Standards, and writing repair reports. Supervising maintenance at Ridgeway Towers Apartments, and assisting Housing Maintenance with needed repairs and snow removal. On-call 24 hours during times Housing Maintenance is on vacation, ill, etc. (2) Can the job responsibilities of this position be assigned to other employees within the department?No. If no, why not? Although Housing Coordinators have been trained in HQS and can fill in for emergency situations, they have large caseloads and are unable to complete the large number of inspections required. No one else in the department would have the expertise to help make needed repairs at Ridgeway Towers, or be on-call to deal with emergencies. (3) I-low is the work of this position being accomplished now? Current Housing Maintenance is doing inspections 32 hours/week (as of 6/4/18), and a temp is working at Ridgeway Towers 32 hours/week (as of 6/4/18). Current housing maintenance is still on-call nights & weekends. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis(if temporary position) or a long-term basis (if a regular position)? Both the Inspector position and the Housing Maintenance position for Ridgeway Towers require full-time personnel, as routine custodial and maintenance at RT is falling behind, and inspections are being delayed by 2 weeks or more. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled?None. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time?None. Page 28 of 116 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Our work load has increased as we average 1020 tenants on the Section 8 program (approximately 920 on the program 3 years ago). We have also taken on the additional responsibility of teaching Homebuyer Education classes on a quarterly basis. Additionally, Ridgeway Towers is aging, and in ever-further need of repairs. We no longer have a part-time (on- call) inspector/assistant at Ridgeway Towers. Ned DeBerg retired in April of 2017. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Inspection delays will increase. Repairs (other than emergencies) at RT will not be completed. For example, we have been trying to paint the interior common areas of the building for 2 years now, and have been unable to do so, with Dana doing so many inspections (even before John became completely unable to perform the job (mid-December). (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Delay inspections/Housing Coordinators conduct "MUST-DOs" during this time. Housing Maintenance for Ridgeway Towers takes care of the building, and is on-call. (11) Is it possible that the City could outsource this position to an outside agency? No. If so, what savings, if any, would the City realize as a result of this change?No, as it requires training and certification in the Housing Quality Standards for the Section 8 Program. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Equal in importance. The Housing Coordinators cannot do their job without the inspections being completed. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? According to the Strategic Plan, Strategy 3.9 is to "Support community-based housing initiatives that improve existing housing stock." By performing Section 8 inspections, and supervising Ridgeway Towers maintenance, this position improves much of the rental stock in the City of Waterloo, Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 29 of 116 CITY OF WATERLOO Council Communication Recommendation of appointment of Kate Winston to the position of Clerk 11 in the Police Department effective September 24, 2018. City Council Meeting: 9/10/2018 Prepared: 9/5/2018 REVIEWERS: Department Reviewer Action Date Floice1)epartrylent Krogh, Frank Approved 9/5/2018 0-54 AM (..,11erk Ofllce Ilipt'.)y, 114ancy R.e eel.ed 9/5/2018 p.35 AM Flofice Departryient Krogh, Frank Approved 9/5/2018 12-51 PM (..)ff'we Nancy Approved 9/5/20](S 12:55 I'M ATTACHMENTS: Description Type D Clefl� 2 ,lob Dcscirpjpfion Cove.r Me.rno D Personnd R0,11.6Shorn Merno D Peirsonnd R.0]I'll iS R iunnr Questions ('..'ove.r Mclno D lrlt(Mla� 1?osfinlw,Job Descdtl(,.)n (,1erK, 2 (...'over Melno SUBJECT: Recommendation of appointment of Kate Winston to the position of Clerk 11 in the Police Department effective September 24, 2018. Submitted by: Submitted By: Frank Krogh, Captain Recommended Action: Approval of the appointment Kate Winston is currently on the civil service list for the Position of Clerk 2. She passed the interview process and was selected by Chief Dan Trelka to Summary Statement: fill the position vacated with the retirement of Cheryel Stevenson. The personnel Requisition to fill the vacancy was approved on 8/7/18 by the Human Resource committee. Expenditure Required: Yes Source of Funds: FY19 Budget Policy Issue: None Alternative: N/A Legal Descriptions: N/A Page 30 of 116 CLERK II DEPARTMENT CLERK' OFFICE/POLICE/ENGINEERINGIWASTE MGMT SALARY FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT ; TEAMSTERS LOCAL#238 GENERAL STATEMENT OF DUTIES Staff support position responsible for performing a variety of difficult clerical tasks within one of the above departments requiring the use of independent judgement. The work is performed under the general direction of a department head or designee. May direct the work of lower level clerical or temporary employees. EXAMPLES OF ESSENTIAL FUNCTIONS 9. May interpret technical data,review materials (Illustrative Only) on a variety of projects and present facts and These functions are considered essential for findings clearly and concisely to a supervisor, successful performance in this job classification. coworkers,City officials and the public. 3 1. Performs data entry, types correspondence, 10, May prepare written reports, complete forms reports and statistical data. and keep files up-to-date. 2. Collects and compiles statistical data 11. Communicates with the public, City officials I manually and through the use of a and coworkers by telephone and in person, computerized system. 12. Works under strict time constraints and 3. Greets the public and answers incoming stressful conditions. department phone calls as needed and j provides information based on knowledge of 13. Works independently and with others with j department and City policies, regulations and limited supervision. E procedures or directs call to proper person. 14. Attends work regularly at the designated 4. Performs minor bookkeeping and financial place and time. record keeping. 15. Performs all work duties and activities in 5. Collects fees and revenues, prepares receipts accordance with City, department and OSHA. and maintains records of revenue/expense policies,procedures and safety rules. transactions. 16. Performs other duties as assigned by a 6. May schedule and assign tasks to subordinate supervisor or designee. clerks and review their work for accuracy. _REOUIItED KNOWLEDGE &ABILITIES 7. May prepare and input payroll data and other 1. Knowledge of Microsoft Office software, in financial information. particular Word and Excel (testing of skills will be done). 8. May perform accounts receivable, accounts payable or banking functions. 2. Thorough knowledge of clerical functions, office procedures,terminology and equipment 8. Operates personal computer, typewriter, including personal computer. calculator, fax machine and other general office equipment. 3. Ability to type fifty(50) words per minute net of errors (verification of typing speed Page 31 of 116 i required). Microsoft Office software (verification of skills through testing arranged by the City of 4. Ability to perform general office services, Waterloo Human Resources Office). learn specialized computer software, develop computer-generated reports and keep ESSENTIAL PHYSICAL ABILITIES accurate,thorough and updated records. The following physical abilities are required with or without accommodation. 5. Ability to collect, analyze and present data from computerized reports in organized and 1. Sufficient speech and hearing that permits the understandable form. employee to communicate effectively with supervisors, other employees and the public 6. Ability to answer questions and provide in person or by telephone. information to the public in person and over the telephone in a clear, concise and easily 2. Sufficient vision and manual dexterity that understandable manner. permits the employee to operate a personal computer and other standard office 7. Ability to write legibly, prioritize work, equipment, handle files, perform customer produce a quality work product within strict service duties and other clerical time lines and handle multiple tasks. responsibilities. 8. Ability to work independently and with others 3. Sufficient personal mobility that permits the with minimum supervision and to direct the employee to move from one work area to work of other employees. another. 9. Ability to exercise independent judgment MISCELLANEOUS and to make decisions based on department 1. The City of Waterloo will conduct a policies, City ordinances and established background investigation including a review regulations. of past employers and references. 10. Ability to establish and maintain effective 2. Required to submit to and pass Civil Service working relationships with supervisors, written and oral examinations, as specified in coworkers and the public. job notice. 11. Ability to work with people from a broad 3. If position is filled as a promotional variety of social, economic, racial, ethnic and appointment, any regular employee who educational backgrounds. meets the minimum qualifications is eligible j to apply for the position. ACCEPTABLE EXPERIENCE &TRAINING 1. High school graduate/GED with minimum WORK SCHEDULE one year business clerical, secretarial, Generally 8:00 a.m. to 5:00 p.m. Monday through bookkeeping or other closely related Friday with one hour unpaid lunch, although hours experience in an office setting; prefer may vary depending on department, with earliest additional education beyond high school in starting time 7:00 a.m. The City of Waterloo reserves business clerical, accounting or closely the right to change these hours within the guidelines related field, of the Teamsters contract. Occasional overtime. OR Any equivalent combination of experience and education that provides the knowledge, skills and abilities necessary to perform the work. CLERK 11 DESCREPTION 15 July 2015 2. Skilled in use of personal computer and Page 32 of 116 PERSONNEL REQUISITION FORM RECEIVED JUN Q 7 2018 Check as applicable: To start recruiting or civil service process and/or ® to fill a vacancy A proposed,jbb description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Clerk 2 Department: Waterloo Police Department Reports To: Police Chief Work Location: City of Waterloo_ Fan•lo3Ment Status: ®Regular Full'Time ❑Temporary Full Time from to �]Regular Part Time ❑Temporary Part Time from to ❑Regular 7•-Month ❑ Intern/Co-op Student from to Type-of Position: Recommended Recruitment Sources: Civil Service Position: ❑Yes ❑No Internal Posting Only Bargaining Position: ® Yes' ❑No ❑Internal Posting and External Advertising Non-bargaining Position: ❑Yes ❑No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Chg yel Stevenson (Specify name of former incumbent) If replacement,former incumbent:'® Retired/Resigned/Terminated . ❑ Transferred El Promoted . i Date incumbent terminated employment/final payout,8/31118 9121118 Anticipated start date: 8/1/2018 No. of hours/week: 40 Work schedule: 5/2 Annual salary requirements: $46.966.40 is position budgeted for this and future FYs? ®Yes ❑ No If no,how will position be funded? Justification of.need for position: On 8131/18,Finance Clerk(Clerk 1), Cheryel Stevenson will retire from the Waterloo Police Department .This Clerk 1 Position is vital to the Police Departments ability to operate.This position takes care of all the finance of the Police Departments'such as receiving and paying bills and depositing forfeited revenue . The position also takes care of the Police Department time cards-and payroll.The current FYEl 8 and FYE19 support this position What are the likely consequences if the position is not filled? The duties would fall on the responsibility of the Administrative Captain requiring a large work load requiring him to complete clerical work in addition to his current duties. APPROVALS Approved subject to,the following conditions: UM-MMI-TM- �-- Submxtting Department Head Date Ma ate QA _ _�7r/ /11 0 r0 Chief Finanoial Officer — Date Human Resources birecto n _ n Date Page 33 Of 116 Human Resources Committee Chairperson Date i h PERSONNEL REQUISITION 1 (Finance Clerk 21 The following questions are provided as guidelines to assist you in developing your E rational for the position of Clerk 2 (Finance) in the Police Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of thisposition? The Finance Clerk 2 completes all payroll entry, finance paper work, grant reimbursement, and completes and takes care of paying the general bills for the Police Department. (2) Can the job responsibilities of this position be assigned to other employees within the department? if no, why not?No. This position is critical to the Police Department's daily operation by ensuring the bills are paid in a timely manner and payroll is completed. (3) How is the work of this position being accomplished now? The current Clerk is still working for the Police Department i (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, this is a position that requires a full time employee. f (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a E regular position)? This position is critical to the Police Department there is too much to learn to be able to train a Temporary person to fill in. It would be easier to fill the position a few weeks ahead of Cheryel Stevenson's retirement date so she could teach the new Clerk. (6) What cost savings or revenues, if any, would your department or the City realizes if this position is filled? Filling this position would avoid overtime being paid to other city staff that would have to take on the duties of this job. (7) if you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time?NIA (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. This position has been funded for several years. This position has been staffed by one civilian employee for many years so there is no other staff that can complete this work. Page 34 of 116 I i i (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. If this position isnot filled it will create a great deal of work for the Captain of Administration. You would also be paying a Non- Bargaining member(Captain)wages to complete the responsibility of a Union member's job at a higher rate of pay. It would also put added responsibilities on the Administrative Captain to ensure that the bills get paid in a timely manner. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The current Clerk completes as much of her work prior to going on vacation and catches up when she returns. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No, I do not believe that there would be any savings. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is a priority. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Meets the goals and objectives of the department, city and of Iowa Code, Note:.Forward completed questionnaire to Hu�tnan Resources Department with original copy of Personnel Requisition form I i i 1 I 3 j Page 35 of 116 June 5, 2018 PLEASE POST CURRENT CITY EMPLOYEES ONLY Any City of Waterloo regular employee who presently holds or has held the Clerk 11 classification is eligible to request a transfer or demotion. CLERK II—Police Department JOB DUTIES SPECIFIC TO THIS POSITION Hours 7:00 a.m.. — 4:00 p.m.. or 8:00 a.m.. — 5:00 p.m.. with one-hour unpaid lunch. Pay rate is $22.58 per hour. Teamster's Bargaining Unit.. Vacancy due to retirement. E The following duties are specific to this job assignment including but not limited to: Clerical Duties: 1. Answers phones, performs data entry for grants and complies statistical data through a computerized system. 2. Preforms bookkeeping and financial record keeping for federal grants. i 3. Collects revenue and preforms accounts receivable and accounts payable. 4. Answers at the direction of the Administrative Division Commander assisting in different clerical.jobs including assisting in budget preparation. 5. Handles large amounts of forfeited cash and prepares these funds for deposit. 6. Keeps financial and payroll records for reimbursement of grants and projects. 7. Must be able to interpret and follow several different Union contracts. Payroll/Accounts PayablelMiscellaneous: 1. Enters all Payroll,Overtime,and day off slips in the payroll computer system for the entire department. 2. Keeps track of benefit time and usage,labor and hours report. 3. Makes payroll adjustments and edits sheets according to Human Resources Department deadlines. 4. Files reports and time off slips. 5. Completes pay vouchers according to Finance Department deadlines. 6. Creates and updates spreadsheets. I f Must be detail oriented and accurate; must be able to multitask and deal with multiple interruptions; must be able to assist the public in a respectful manner including under stressful circumstances; must be able to work independently and with others with limited supervision. Must have working knowledge of Microsoft Word and Excel and be able to learn specialized computer software. Applicants may be tested at Iowa Workforce Development to verify computer and other general clerical skills. Applicants who have taken these tests previously will not be required to test again. Please contact the Human Resources Department by 5:00 p.m.Wesday,June 12,2018 to be considered for this position CLERK II P.D.INTERNAL TRANSFER 6-2018 Page 36 of 116 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 9/10/2018 Prepared: REVIEWERS: Department Reviewer Action Date �:^nig imneen'iamp I figby, 1" mmcy A.pproved 9/5/20 b kp ... tl tl:20 A ATTACHMENTS: Description Type ❑ 1.3orids for couineip aapjprovaap 9.10.IS Backup l ammlaap SUBJECT: Bonds. Page 37 of 116 BONDS FOR COUNCIL APPROVAL September 10, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 95-BA-H808-6 NERMIN OKANOVIC dba AMERICAN BOSNIAN MASONRY, INC. WATERLOO, IA Page 38 of 116 CITY OF WATERLOO Council Communication Request by Steies Holdings, LLC to vacate, sell and convey a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street, in the amount of$2,150.92, plus filing fees. City Council Meeting: 9/10/2018 Prepared: 8/20/2018 REVIEWERS: Department Reviewer Action Date t°nannnnm'na)g;& .bona lmg A.wlerso-m, Nu:nump Approved 9/5/201 tl 2.32 PM t.'Ilerk t.gp'pnce Eveuu, L-eA.mmun Approved 9/5/201 2.19 PM ATTACHMENTS: Description Type A.eriad Mnapun Covet Memo Overvk.',W Map Memo Staff] .Cjport Cove.r Me.rno uurvey ("'over Merno p^asenien:nt Agnu,eemnnenm7l ('.'ovc.r Mcaio Pictu.unnes (...'over Memnw . pp lia:antio n Covera Mcnmlo 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 Progamnm ,g and Zoning Commission. Motion to receive, file, consider and pass for the first time and Ordinance SUBJECT: approving a request by Steies Holdings. LLC to vacate a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Resolution authorizing sale and conveyance of city owned property located northwest of 2022 Jefferson Street, to Steies Holdings. LLC in the amount of$2.150.92, and authorize the Mayor to execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Summary Statement: Expenditure Required: None Source of Funds: N/A Page 39 of 116 Policy Issue: Economic Development, policies 1, 3 and 4. Alternative: N/A The request to vacate the alley would not appear to have a negative impact on the neighborhood as the alley has not been used for public access for many years. The vacate would not appear to have a negative impact on vehicular or pedestrian conditions in the area as the adjoining business has used the alley for parking. There is a trail along 18th Street located just northwest of the proposed vacate. There are currently no sidewalks on either side of Jefferson Street. The site has been zoned "M-1"Light Industrial District since the adoption of the Zoning Ordinance in 1969. North— Commercial zoned "M-1" Light Industrial District. South— Commercial zoned "M-1"Light Industrial District. East— Commercial zoned"M-1"Light Industrial District. West— Commercial zoned "M-1" Light Industrial District, the Iowa Northern Railroad and US Highway 218. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The commercial buildings in the area were developed between 1936 and 2005. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F Lowell Elementary School is located 0.334 miles to the northwest across US Highway 218, Hoover Middle School is located 2.24 miles to the southwest, and East High School is located 1.28 miles to the north. There is overhead power lines located along the alley so an easement will need to be maintained. There is a 36" Sanitary Sewer Line in West 18th Street, 4" Drain Tiles on each side of Jefferson, and a gas main located along Jefferson. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The request to vacate the alley north of 2022 Jefferson would not appear to negatively affect the area or traffic conditions. The alley has not been used as a public access for many years and the previous owner of the property to the north Integra Autos used the alley right of way to park vehicles. The alley abuts two properties. Steies Holdings LLC located to the south of Page 40 of 116 the property is the applicant is requesting to vacate of the alley that the city no longer needs. There are two properties to the north and both recently changed hands having previously been owned by Integra Auto they are now owned by Dale R Olsen of 1655 Bertch Avenue in Waterloo. The dead end of the alley also adjoins the property at 321 West 18th Street to the west owned by Prairie Construction. When the site was owned by Integra Auto they used the alley right of way to Background Information: display cars. Staff has not heard from the northern property owner if they would want a cross easement maintained so that they could access the property. It appears that the northern property has approximately 10-foot of driveway to access the lot without using the currently alley. This property also has a driveway along West 18th Street. The western portion of the alley was vacated by Ordinance 1534 on November 13, 1939. Staff has also notified the principals of Prairie Construction of the proposed vacate. This item was tabled by the Planning, Programming and Zoning Commission at thea June 5th meeting due to opposition of the vacate by Prairie Construction who currently owns the property at 321 West 18th Street. They were concerned about losing a potential second entrance to their property through the alley. Since that meeting the applicant Steis Holdings and the owners of Prairie Construction have come to an agreement which will provide Prairie Construction and subsequent owners of the property at 321 West 18th Street an easement to use the vacated alley for access. There has been multiple attempts to contact Dale Olsen, owner of 307 West 18th Street to get his signature of approval of the vacate but he has not responded to letters sent from staff A meeting was held on July 17th, 2018 for all parties and Dale Olsen did not attend the meeting and has made no attempt to contact staff with any concerns. Staff is proposing to move forward with the vacate, as the Olsen property has access from west 18th Street and an approximate 10' wide portion of the driveway adjacent to the alley to be vacated, and they would have the potential to widen the Jefferson Driveway if the remaining 10' portion is not sufficient. There were no comments at Tech Review. At their August 7, 2018 meeting the Planning, Programming and Zoning Commission unanimously voted to recommend approval of the vacate. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate the 20' X 100.46' 2,009.2 square foot alley located north of 2022 Jefferson Street be approved for the following reasons: Page 41 of 116 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The alley has not been used as right of way for many years however the applicant does need the right of way to access his business. With the following condition: 1. That a private easement be maintained over the vacated alley to allow access to 321 W. 18th Street access to their property to the west and a public easement to be retained for utilities. The alley bounded on the Southeast by Lots numbered forty-one(41) and forty-two (42), and on the Northwest by Lots numbered forty-three(43) and Legal Descriptions: forty-four(44), all in Kenwood Park Addition, Waterloo, Black Hawk County, Iowa subject to the retention of an utility easement over, under and across the above described area. Page 42 of 116 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 r ryf�,, lil i i I J / � fti iii I uuuu VI ' �, 1181° ��II�II n i � Iliylu4uhilV IIY�'il � �"„ � /�//C III VIII IIIIIIIISIi° Iy 8 1 / r / I���/��/�/i/i �'^"" ✓�1, ����//iii, r�� %/��� ' YI ; I Irl '' h cult ! i "II�°Iv'IPIh� Ilgo Nu I �i III i I� Yi, n 1��Ii�Fv/i/�/i,,. N NW of 2022 Jefferson Street w E Vacate Request s Steies Holdings 4o Zo 0 40 Feet L Page 43 of 116 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 RAN �* R-4,R-P LU F KL C'2 R-3' R-3 C-2 z C- tE �� / J " �� wFtttt M-1 C-3 9T� ^� M-2 z M-1 MULBERRY ST � U w SV M-?" LU R-2 M ? 2 C-2 �q o O A RCHERAVE tt I w T T R i co IV F- BUTLER CeCZl6B"River FrTFST„m COTTAGE GROVE AVE � � O 5 �+ i C 2 �� Ott c� � DI � tt t M - �" r � I�C 1 I C-1 C-2 �� " ��e�� "" -2 �� Q R-1 R-P y" �ti sT w � M-1 z coC-1 3 � 41 ND ,, EIGHME ST <- I � nN LU n ��� r a HENR sr, c CT Lij O ❑ - N / �' S ❑ w > � �. 3 I ti GRANT AVE O R S \, z � z s •,, 5 A-1 \. WILLISTON AVE ^�n , ,, ,,,,,,,, ¢ � l� L I COM AL ST BERTCH AVE p PAPER MILL T FOREST AVE a I a ~ (n U) 1 J HAWTHORNE AVE O z HAWTH RNE AVEC R-3 ' F o z �< o BYRON AVE Q BYRON AVE . O� Y GLENNYIAVE F g w w �� 2 TEMPLE AV O ¢ 5 I R-2 U) REGAL.. ❑ � A Y E. JR-01C � LIBERTY AVE Z7 ( dlA"d� O m Harold � V.. PATTON AVE a - _ \_ � m , fa�t�Lake fait, ..n ,Lals�", � I I EE.MITCHEL..MITCHELL AVE C-2 L',AVE FR-2,C-Z! L. 1 ...,� AVE w BOUF LAND AVE AF VE ❑ F CORNWALL AVE Z O LORRAINE AVE • <<"AVE 2< a AVE ❑ ¢ ¢ w z 0 2 p a VE w EASTON AVE J EA; s N NW of aoaa Jefferson Street w E Vacate Request s Steies Holdings 1,000 500 0 1,000 Feet Page 44 of 116 August 7,2018 REQUEST: Request by Steies Holdings LLC to vacate a 20'X100.46' 2,009.2 square foot public alley located northwest of 2022 Jefferson Street. APPLICANT(S): Steies Holdings LLC, 207 Beverly Boulevard, Hudson, IA 50643 GENERAL The applicant is requesting to vacate an alley southwest of DESCRIPTION: Jefferson Street. IMPACT ON The request to vacate the alley would not appear to have a NEIGHBORHOOD & negative impact on the neighborhood as the alley has not SURROUNDING been used for public access for many years. LAND USE: VEHICULAR & The vacate would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian conditions in the area as the adjoining TRAFFIC business has used the alley for parking. CONDITIONS: RELATIONSHIP TO There is a trail along 18th Street located just northwest of the RECREATIONAL proposed vacate. There are currently no sidewalks on either TRAIL PLAN and side of Jefferson Street. COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "M-1" Light Industrial District since FOR SITE AND the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: North — Commercial zoned "M-1" Light Industrial District. South — Commercial zoned "M-1" Light Industrial District. East — Commercial zoned "M-1" Light Industrial District. West — Commercial zoned "M-1" Light Industrial District, the Iowa Northern Railroad and US Highway 218. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The commercial buildings in the area were developed HISTORY: between 1936 and 2005. FLOODPLAIN: This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F PUBLIC /OPEN Lowell Elementary School is located 0.334 miles to the SPACES/ SCHOOLS: northwest across US Highway 218, Hoover Middle School is located 2.24 miles to the southwest, and East High School is located 1.28 miles to the north. UTILITIES: WATER, There is overhead power lines located along the alley so an Vacate-Alley North of 2022 Jefferson Page 1 of 3 Page 45 of 116 August 7,2018 SANITARY SEWER, easement will need to be maintained. There is a 36" Sanitary STORM SEWER, Sewer Line in West 18th Street, 4" Drain Tiles on each side of ETC. Jefferson, and a gas main located along Jefferson. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with such LAND USE PLAN: designation. STAFF ANALYSIS — The request to vacate the alley north of 2022 Jefferson would ZONING not appear to negatively affect the area or traffic conditions. ORDINANCE: The alley has not been used as a public access for many years and the previous owner of the property to the north Integra Autos used the alley right of way to park vehicles. The alley abuts two properties. Steies Holdings LLC located to the south of the property is the applicant is requesting to vacate of the alley that the city no longer needs. There are two properties to the north and both recently changed hands having previously been owned by Integra Auto they are now owned by Dale R Olsen of 1655 Bertch Avenue in Waterloo. The dead end of the alley also adjoins the property at 321 West 18th Street to the west owned by Prairie Construction. When the site was owned by Integra Auto they used the alley right of way to display cars. Staff has not heard from the northern property owner if they would want a cross easement maintained so that they could access the property. It appears that the northern property has approximately 10-foot of driveway to access the lot without using the currently alley. This property also has a driveway along West 18th Street. The western portion of the alley was vacated by Ordinance 1534 on November 13, 1939. Staff has also notified the principals of Prairie Construction of the proposed vacate. This item was tabled by the Planning, Programming and Zoning Commission at their June 5th meeting due to opposition of the vacate by Prairie Construction who currently owns the property at 321 West 18th Street. They were concerned about losing a potential second entrance to their property through the alley. Since that meeting the applicant Steis Holdings and the owners of Prairie Construction have come to an agreement which will provide Prairie Construction and subsequent owners of the property at 321 West 18th Street an easement to use the vacated alley for access. There has been multiple attempts to contact Dale Olsen, owner of 307 West 18th Street to get his signature of approval of the vacate but he has not responded to letters sent from staff. A meeting was held on July 17th, 2018 for all parties and Vacate-Alley North of 2022 Jefferson Page 2 of 3 Page 46 of 116 August 7,2018 Dale Olsen did not attend the meeting and has made no attempt to contact staff with any concerns. Staff is proposing to move forward with the vacate, as the Olsen property has access from west 18th Street and an approximate 10' wide portion of the driveway adjacent to the alley to be vacated, and they would have the potential to widen the Jefferson Driveway if the remaining 10' portion is not sufficient. There were no comments at Tech Review. At their August 7, 2018 meeting the Planning, Programming and Zoning Commission unanimously voted to recommend approval of the vacate. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate the 20' X 100.46' 2,009.2 square foot alley located north of 2022 Jefferson Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The alley has not been used as right of way for many years however the applicant does need the right of way to access his business. With the following condition: 1. That a private easement be maintained over the vacated alley to allow access to 321 W. 18th Street access to their property to the west and a public easement to be retained for utilities. Vacate-Alley North of 2022 Jefferson Page 3 of 3 Page 47 of 116 S 1 Page 1 of 2 �itl��lll�l��i III�III�III�I�INll�llll�l�lf I��Ililllfl ` Doc Ip: 008290230002 Type: GEN Recorded: 12/06/2017 at 11:09:54 AM Fee Amt: $12.00 Pape t of 2 Black Hawk County Iowa INDEX LEGEND Q SANDIE L. SMITH RECORDER General Description: Lots 37.42,Kenwood Park,Waterloo o F11-201$""'00009729 Surveyor. Kyle J.Holland Surveying Company! Helland Engineering&Surveying,Ltd. Return To: 1107 Technology Parkway Cedar Falls,Iowa 50613-6955 � (319)•266-0161 s Survey Requested By: Mike Christiason/Praide Consinction Co.,Inc. Proprietor Pralrio Construction Co.,Inc. x This PI G11 'r si has en reviewed b (Ci !County). Slgnalure of(CitylCounty} Dai SEE SHEET 2 FOR DESCRIP ION OF PARCEL"D'&DETAIL"Arr Ordinance A minlstratar LINE BEARING&DISTANCE RECORDEDAS L1 S 43°091/2'W 49.4' {S 43'09!'W 49.35)a L2 S 46°53'/Z E 20.05' {S 48°50WE 20.o')a X- L3 S 46'57'E 20.0' (S 48°11135"E 20.00)b 1-4 S 47°03 E 19.9 {20.6) 5657 oyeP�, 54 �'�o• LyJ�� A 58 53 59 D 4 80 `ti� 50 PLAT of SUR EY' 43 Eo FfLE20i831fi2 6 DA TED 08121120 f7 ` ` P.O.B. ?/y 49 •� JP� \O�i ---4---------- ---------t --- ALLEY ) ' 45 S' �rpo SEE DETAIL'A' `* \ , \� �, l 76� SHEET2 48 C 42� S F a RAILWAY COMPANY IOWA NORTHERN \`. \ 47 " ENWQQO PARK" `. �4;A WATERLOO (c TRACKS) S \�° N 43°00'/1 E 291.45` , •' 4n 41 , (ASSUMED BEARING) ` t_ -Y ---------0----- ---- ----- 4s PARCEL 'D" tia B L2 ADDRESS: \ 1.18 ACRES \ E 321 W.18th STREET 5S WATERLOO,IOWA 50701 LEGEND 38 (6.0)a PER PLAT OF SURVEY FILE 2015-3021 DATED 08/10/2014 37 ,Y (6.6)b PER PLAT OF SURVEY FILE 20163182 b`y ohs 33 DATED 0 812 112 0 1 7 VACATED All Ny6,a�9 6 5 5Ati PA CEL 0' PER QCD IN PLAT OF SURVEY AS FOUND CUT"X"IN P.C.C.PAVEMENT BK 169 PG 453 ,' F1LE20153021 121!19 DATED 1139 DATED 081#8/20# 80 FOUND N0.4 REBAR w1OPC#8505 B 35 CO FOUND NO.5 REBAR w1GPC#22561 VACATED W.19th STREET DO FOUND NO.5 REBAR w1DAMAGEO OPC �S R%J 36 (BEARINGS ARE ASSUMED) l EO FOUND NO.4 REBAR w1DAMAGEO OPC 0 50' 100' 200' THIS SURVEY MEETSIOR EXCEEDS CURRENT'MINIMUM STANDARDS FOR PROPERTY SURVEYS" HELLAND ENGINEERING&SURVEYING,LTD. ♦SET NO.4REBARX24'LONG WORANGEPLASTIC CAP#23212 1107 Technology Parkway (OO)RECORDED AS FILE NAME: 17-236.DWG Cedar Falts,Iowa 50613-8955 SCALE: I'm too' PROJECT#17-236 DRAWN BY:JPH (319)-266-0161 SHEET1 OF OPCPLASTICCAP(O=ORANGE,R=RED,Y=YELLOW) 1 bereb ceN 1hallhls land surveying doarnenlwas ared �p1 L qyA andlheretatedsurvey workwas perlonn b maorupdarmy PLAT OF SURVEY p direct pe onal suppervislon end t I am a du licensed OF y c1'G Profess! al and S yore the raw.of late of lows, PART OF LOTS 3742 ' KYLE J. R PART OF VACATED W.19th STREET : HELLAND; m y� j od 23212 oY Lf�nseNumber232f2 "KENWOOD PARK" r a a ASy[icenserenewaldatelsDecember31,2017. WATERLOO,BLACK HAWK COUNTY,IOWA IOWA A11 pages or sheets are covered by Ws leaf anent FOR P I Y s a.r1c� r/�� Page 48 of 116 I Page 2 of 2 49 G P.O,B, DETAIL"A" (NOT TO SCALE) 44 \a��' D� 4' V 1x� 42 45 0 GALVANIZED PANEL FENCE DISTANCE TO FENCE °a . (NOT TO SCALE) 01 30120118 BY qQ 41 `;, \�Qj roll °P PARCEL T" 40 1.18 ACRES aP THIS PLAT REPRESENTS A SURVEY OF PARCEL"0" That part of bots 37 thru 42 and that part of vacated W. 19th Street,all in"Kenwood Park",City of Waterloo,Black Hawk County Iowa,described as follows: Beginning at the most Northerly corner of said Lot 42,point being a set 1/2'rebar with license#23212; thence along the Northeasterly line of said Lot 42 and its Southeasterly extension South 46°57'East a distance of 159.5 feet to a corner of Parcel"0"per Plat of Survey in File 2015-3021 dated 08/1812014 recorded In the Office of the Black Hawk County Recorder,point being a found 1/2"rebar with license#6505; thence along the Westerly line of said Parcel"0"South 43°09%West a distance of 49.4 feet to a comer of said !' Parcel"0",point being a found%"rebar with license#6505; thence along the Westerly line of said Parcel"0"South 46053'/z East a distance of 20.05 feet to a Corner of said Parcel"0",point being a found%'rebar; thence along the Westerly line of said Parcel"0"South 42°58'/:West a distance of 242.4 feet to the most Westerly corner of said Parcel"0",point being on the Northeasterly right-of-way of the Iowa Northern Railway Company,also being E' a found%"rebar with license#6505; thence along said right-of-way North 46049%West a distance of 179.6 feet to the Northwesterly fine of said Lot 37, i point a set'/2"rebar with license#23212; 9, thence along the Northwesterly lines of said Lots 37 thio 42 North 43°003/'East a distance of 291.45 feet to the point of beginning. Containing 1.18 acres. Subject to restrictions,easements,covenants,ordinances,and limited access provisions of record and not of record. Note: The Northwesterly lines of said Lots 37 thnr 42 is assumed to bear North 43°00%'East for this description. i' Parcel letter approved by County Auditor's Ofliice Dates of Survey: 1111712017&111212017 Warranty Deed in Book 266 Page 641 dated 05/24/1948 recorded in the Office of the Black Hawk County Recorder states that,lens Olesen&Sons Construction Company Is the proprietor. Jens Olesen&Sans Construction Company was merged with Prairie Construction Company,Inc.per Articles of Merger in Book 36 Page 170. HELLAND ENGINEERING&SURVEYING, 42 ()PCPLASTIC i SET No.4 REBAR X 24'LONG w1ORANGE PLASTIC CAP#23212 1107 Technology Parkway 0)RECORDEDAS FILE NAME: 17-236.DwG HUN Cedar Falls,Iowa 50513 6955 SCALE; NIA PROJECT#17-236 DRAWN BY:3PH (319)-26"161 SHEET 2 OCAP(O=ORANGE,R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF LOTS 37-42 &PART OF VACATED W.19th STREET "KENWOOD PARK" E WATERLOO,BLACK HAWK COUNTY,IOWA FOR P ¢, � !� $ �'$ W,&-qp age 49 of 116 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into by and between Prairie Construction Co., Inc. ("Prairie") and Steies Holdings, LLC ("Steies"). WHEREAS, Prairie is the owner of real estate legally described as: Lots 45 through 47, Lot 48, except the Southwesterly 10 feet of Lot 48 and the vacated alley adjacent to the following described lots: From the Northwesterly line of the Southwesterly 10 feet of Lots 48 & 37 to the Northeasterly line of Lots 40 &45 in "Kenwood Park", City of Waterloo, Black Hawk County, Iowa("Prairie Property"). WHEREAS, Steies is the owner of the real estate legally described as: Parcel "D" of Plat of Survey Doe. 42018.09729 being a part of Lots 37 thru 42 and that part of vacated W. 19th Street, all in "Kenwood Park", City of Waterloo, Black Hawk County, r Iowa("Steies Property"). WHEREAS, Steies is purchasing an existing alley located between the Prairie Property and Steies Property, legally described as follows from the City of Waterloo, Iowa: See attached Exhibit"A"("Easement Premises") WHEREAS, Steies wishes to grant an easement on Easement Premises for ingress and egress from Jefferson Street to Prairie Property. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. Steies hereby grants Prairie Property an easement for ingress and egress on Easement Premises over an existing alley that connects Jefferson Street to Prairie Property. I 2. Use of Easement Premises. Exclusive use of the Easement Premises is not is i f; i Page 50 of 116 F hereby granted. Steies expressly reserves the right for themselves and others to use the Easement Premises for any use which does not unreasonably interfere with Prairie's use of the Easement Premises. Neither party hereto shall so use or leave anything on Easement Premises so as to prevent the free and uninterrupted use of the Easement Premises by the other party. 3. Maintenance. Prairie shall not be required to share in the expense of maintaining the Easement Premises during any period that the Prairie Property is owned by Prairie, but unoccupied. Prairie shall share equally in the maintenance of the Easement Premises during any period that Prairie owns the Prairie Property and the Prairie Property is occupied by Prairie or a third party. Persons or entities that purchase the Prairie Property from Prairie and their successors shall share equally in the cost of maintaining Easement Premises with Steies and its successors and such cost of maintenance shall include reconstruction when reasonably necessary. Notwithstanding the above provisions, either party causing damage to Easement Premises through negligence on the part of that party themselves or others for them or their behalf shall be wholly responsible for any such damage resulting from any such negligence. 4. Running of Benefit and Burdens. All the provisions of this Agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties, 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. Prairie Construction Co., Inc. Steies Holdings, LLC r -kt&4,0:—� 2� U By: Michael L. Christiason By: StefUiSteies Its: President Its: Manager Page 51 of 116 i STATE OF IOWA COUNTY OF ss. This record was acknowledged before me on this day of 2018, by Michael L. Christiason, as President of Prairie Construction Co., Inc.. MARY ANN MILLER . COMMIssion Number 196329 MY CommysWon ft MaY 11,2019 STATE OF IOWA J / COUNTY OF t . ) ss. This record was acknowledged before me on this day of 2018 Stefanie Steies, as Manager of Steies Holdings, LLC . ' *1,1A1 fi SANE Irl S lAl UJA COMMISSION Ido.7471137 u NYC f ° HIXPIRES owe �i y Page 52 of 116 F Vacate Request — NW of 2022 Jefferson Street I I ,� ,,�,l IIIIIII�I�I,IIIIII�III dal , Looking at the alley in question from Standing in the alley looking towards 2022 Jefferson Street. Jefferson Street. ,� rrrrrrrrrrrrrrrrrrrrr i uiiii I I �I1�1IIIII�IIIIIIII W * f I � / / fY Looking at 307 West 181h Street, which is Looking at the overhead electrical line that just to the northwest of the alley. is in a portion of the rear of the alley. A utility easement will need to be retained. Page 53 of 116 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned,as adjoining property owners of right-of-way requested to be vacated and generally described as(address or general location): 20 Xk :SJ0P( ti waive any further right to receive mailed notice of the public hearing and have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/1 wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). XWe/[wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blank). Signature of adjoining property owner Date �j ,4 ZciO 7247 Address Phone 1. Offer Price [Note: If the offer price meets the Sate of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition, remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alla You Intend to Purchase: 2. rransfer of Ownership: In what name(s),company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy with full rights of survivorship, or as individual ownership.) Page 54 of 116 City of Waterloo Planning &Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319)291-4366 Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property rL r}(�/� Applicant: 1 Address: � b\UGC Phone No.: �J1q c V / S�UTI General Description of Property to Vacated(i.e.-alley between A St.&B St.,South of C St.): Legal description of area to be conveyed,vacated,or encroached: i. A non-refundable tiling fee(s)shall be made as follows(checks City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dolla ($175.00)F. ing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00 i mg Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] 1 • Asking price(see attached Sale of Property Policy for how calculated): 1 v7S+(4�/halb • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): • Costs(surveying&mist.,demolition,remove of curbs,etc): Asking price—Deductions—Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"farm for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 4requirfor Date *Nasementvacates sidewalk vacates or Encroachment Agreements Page 55 of 116 CITY OF WATERLOO Council Communication Request of Overland Group, LLC for the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive in the amount of$12,000.00, and approving a Purchase Agreement. City Council Meeting: 9/10/2018 Prepared: 9/5/2018 REVIEWERS: Department Reviewer Action Date 11 da i)iinng& Zonu iii A. ndersob i, Noe; ppnroved 9/5/201 �2:32 PM t-111 k Office Everrm, 1-eA.rrirpproved 9/5/2018 22PM ATTACHMENTS: Description Type P Urr glias �,!xe:n.i.°int (_Dv it da nd Ba:ckiiipb Mateir W Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. SUBJECT: Drive to The Overland Groin LLC in the amount of 812.000.00 and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Purchase A,gxeement between The Overland Group, LLC and the City of Waterloo, Iowa, for the purchase of city-owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The City has owned site since development of Martin Luther King Jr Drive in the 1990's. The parcel is excess right-of-way that was offrred back Summary Statement: through 306.23 process back in 2007. No offers were received for the appraised value of$40,000 at that time. The parcel is 1.42 acres in size, and does not include the area right at corner where trail head for recreational trail is located. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Page 56 of 116 Alternative: Not sell The City has owned this land since 1990's. It was offered up for sale Background Information: through 306.23 process, with no offers received. This agreement will work to create new jobs, new taxable value on site and to create more business in this area of the City of Waterloo. Legal Descriptions: Attached in contract Page 57 of 116 PURCHASE AND SALE CONTRACT THIS PURCHASE AND SALE CONTRACT OF REAL PROPERTY (the"Agreement") made and entered into this day of 2018 by and between CITY OF WATERLOO and/or ASSIGNS, (hereinafter "Seller") and THE OVERLAND CROUP, LLC. and/or ASSIGNS, (hereinafter"Buyer"). WITNESSETH: WHEREAS, Seller is the owner of a certain tract of real property measuring approximately 265' +- of frontage on Idaho Street by 67'+- of depth frontage on MLK by 183'+- Willow Street for a total 1.42± acres, City of Waterloo, Black Hawk County, Iowa, which tract of land is more particularly shown on Exhibit "A" attached hereto and made a part hereof (the "Property"). The Property shall mean net usable acres and shall not include real property burdened by permanent rights-of-way for public roads, drainage or utilities; and WHEREAS, Buyer desires to purchase the Property upon the terms, provisions and conditions hereinafter set forth, and together with all appurtenances, improvements, casements and/or hereditaments thereunto belonging; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Buyer and Seller hereby covenant and agree as follows: 1. PURCHASE PRICE. The total purchase price for the Property shall be TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00). The Purchase Price, less credit for monies heretofore paid to Seller by Buyer for the Inspection Period and any payments made pursuant to Section 18 herein below, shall be paid to Seller at closing as hereinafter defined(the "Closing"). 2. EARNEST MONEY. Buyer shall deposit ONE THOUSAND AND NO/100 ($1,000.00) into a non-interest bearing escrow account held by David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine@whitfieldlaw.com, within five (5) days after execution of the contract, 3. INSPECTION PERIOD. For a period of one hundred and eighty (180) days from the date of this Agreement (the "Inspection Period"), Buyer shall have the privilege of going upon the Property as needed to confirm zoning, confirm availability of all utilities (including sewer), to inspect, examine, survey, make soil and subsoil tests, percolation tests, arrange financing for the proposed development and to otherwise do what Buyer reasonably deems necessary to determine, to Buyer's sole satisfaction, whether the Property is suitable for Buyer's intended development and use. If Buyer exercises its rights under the provisions of this Section, it shall (1) keep the Property free of any liens or third-party claims resulting therefrom; (2)promptly pay when due the costs of all tests, investigations and examinations done with regard to the Property; (3) indemnify and hold Seller harmless from and against any and all liability, damages, claims, causes of action, costs or other expenses, including without limitation reasonable attorney's fees, paid, incurred or asserted against Seller any lien claims or for injuries to or death of persons or damage to property arising from or caused by Buyer's entry onto the Property or the negligence or willful misconduct of Buyer, its agents, employees and contractors in Buyer's Initials — 5A Seller's Initials Page 59'bY'l 16 PURCHASE AND SALE CONTRACT connection with the exercise by Buyer of the rights hereunder; and(4) if Closing does not occur for any reason, fully restore the Property as nearly as practicable to its condition immediately before such exercise. This Section shall survive the termination of this Agreement or Closing and delivery of the Deed. If Buyer determines, in its sole discretion, that the Property is unsuitable for its proposed development and gives notice of this to Seller prior to the expiration of the Inspection Period, then this Agreement shall terminate and all earnest monies less $100 to Seller as independent consideration for the right to terminate shall be immediately returned to the Buyer. If Buyer terminates this contract before the end of the initial Inspection Period, Buyer shall be entitled to the immediate return of the Earnest Money without the need of Seller's release, Notwithstanding the foregoing, the Buyer may extend its Inspection Period for an additional ninety (90) days by depositing into escrow an additional FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) nonrefundable Earnest Money, for a total of SIX THOUSAND AND NO/100 DOLLARS ($6,000,00), which shall be applicable to the purchase Price but nonrefundable. 4. SURVEY, Buyer will secure at Buyer's expense a boundary survey of the Properly, prepared by an engineer or land surveyor registered in the state of Iowa, selected by Buyer. This boundary survey shows all easements, rights of way, encroachments and matters of record, together with a certification as to the number of acres. 5. CONVEYANCE AND PERMITTED EXCEPTIONS. Upon payment by Buyer of all amounts due at Closing for the Property and Buyer's performance of all other obligations to be per by Buyer at Closing, Seller shall convey title to the Property to Buyer by general warranty deed subject to any permitted exceptions. 6. TITLE EVIDENCE AND ABSTRACT. Within thirty (30) days after execution of this Contract for Purchase and Sale, Seller shall deliver to David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: PortwineCa�,whitfieldlaw,com (the "Title Company") the original abstract of title for the Property. The abstract will be updated for closing at Purchaser's expense. If the original abstract of title cannot be located, Seller shall pay all costs of obtaining a new abstract as required for closing. Notwithstanding anything in this Agreement to contrary, the Inspection Period shall be extended day for day for the duration of the period necessary, if any, to create a new abstract. Within thirty (30) days after receipt of the Abstract, Buyer shall obtain a commitment (the "Commitment") for owner's policy of title insurance from Tara Lawrence, Title Guaranty, 2015 Grand Avenue, Des Moines, Iowa 50312, 515-725-4904, 800-432-7230, Fax: 515-725-4901, certified to a current date, and at Closing, the title policy referred to in the commitment(the "Title Policy") in the amount of the Purchase Price. If the commitment or survey shows any defects or encumbrances or any covenant, restriction, easement or right-of-way of record or any private road or utility line or facility which in Buyer's reasonable judgment will materially interfere with Buyer's proposed development of the Property, then prior to Closing, Buyer shall notify Seller of its objections to any such matter. Seller shall have a reasonable time to cure the title defects to which Buyer has objected. If Seller fails to cure the title defects, Buyer shall have the option of either (1) accept title subject to the objections raised by Buyer and such accepted objections becorne Permitted Exceptions Buyer's Initials ;!5x Seller's Initials Page 59v6N 16 PURCHASE AND SALE CONTRACT ("Permitted Exceptions") without any adjustment in the Purchase Price, or (2) rescind this Agreement, whereupon the earnest monies less $100 to Seller as independent, consideration for the right to terminate shall be immediately returned to Buyer by Escrow Agent, or (3) work with Seller to satisfy unacceptable matters and postpone the closing date for the same time period as it takes to satisfy these matters. 7. DEVELOPMENT OF TRACT AND CONDITIONS PRECEDENT. Buyer's obligation to close is subject to the satisfaction, as of the Closing Date, of each of the conditions described below (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing Date). Unless specifically stated as Seller's obligation, the satisfaction of all these conditions shall be at Buyer's sole expense. Buyer shall diligently and in good faith pursue the satisfaction of these conditions and Seller shall promptly cooperate whenever required by Buyer. In the event the conditions below have not been satisfied to the Buyer's satisfaction, the Buyer shall have the right to terminate this Agreement by so notifying Seller in writing. In such event, the Escrow Agent shall return the refundable earnest money to Buyer. A. Subdivision. In the event a subdivision plat is required pursuant to applicable law in connection with the conveyance of the Property to Buyer and/or the development of the Property, Buyer shall use diligent efforts to cause the Property to be properly subdivided in compliance with applicable law prior to Closing. Without limitation, Seller shall sign subdivision plats and other normal and customary documentation as may be required to comply with applicable laws relating to the subdivision of the Entire Tract. In the event that the Seller has property lying within 500 feet of the Property conveyed hereunder is subdivided out of a larger tract still owned by the Seller the remaining Seller's Property shall be subjected to a DECLARATION OF COVENANTS AND RESTRICTIONS as described on Exhibit"B". Without limitation, Seller shall sign DECLARATION OF COVENANTS AND RESTRICTIONS on or before Closing. Buyer shall pay for subdivision costs, B. Mutual Cooperation. Buyer and Seller agree to cooperate with one another in all reasonable respects in connection with any approvals, zoning changes or variances, or similar actions or consents which may be necessary or appropriate in connection with use of the Property and to otherwise cooperate in all reasonable respects in connection with the development of the Property. As of the Closing Date the Property shall be properly zoned for commercial real estate with all necessary zoning variances, if any are required, approved for Buyer's intended development. Buyer shall pay all costs incurred by either party in connection with satisfying this condition. C. No Moratoriums. There shall be no development or building moratorium in effect with regard to the Property. In the event any such moratorium shall exist, then Buyer shall have the option of either (I) closing the transaction in accordance with the terms of this Agreement, (2) delaying closing until after the moratorium is lifted, or (3) terminating this Agreement by notice to the Seller, in which event the earnest monies shall be returned to Buyer. Buyer's Initials __ c5x Seller's Initials Page 60'6f I'l 6 PURCHASE AND SALE CONTRACT D. Ingress and Egress. There shall be suitable ingress and egress to the Property, including all necessary turning movements and curb cuts for Buyer's proposed development. Buyer and Seller agree that there shall be no shared access. E. Sanitary Sewer and Water Facilities. Buyer shall have (1) determined that sanitary sewer and water facilities adequate to serve the Property are available and (2) secured all required governmental approvals for the installations and use of such sanitary sewer and water facilities. F. Governmental Approvals. Buyer shall have obtained all necessary governmental approvals frorn the appropriate authorities for Buyer's proposed development, including without limitation, building permits, site plan approval including parking, and storm water retention. In addition, Buyer shall have received approval of its proposed tenant of the site plan as satisfying all tenants' conditions pursuant to tenant's lease agreement witty Buyer. If Buyer's have requests pending before any government body for a permit, license or other approval required to begin the construction Buyer anticipates on the Property, Buyer may, by delivering written notice prior to expiration of this Agreement, extend the closing for thirty (30) days past such time as all applicable government bodies rule on the issuance of any requested permits, not to exceed one hundred twenty (120) days in addition to all other extensions provided for herein. G. Taxes/Liens. In the event there are unpaid taxes or liens relating to the Property for any time prior to the execution of the contract, Buyer will give Seller written notice by facsimile transmission or electronic mail of such unpaid taxes or liens effecting the Property and request that Seller pay those taxes or liens, In the event Seller fails to pay the taxes or liens within three (3) calendar days of Seller's receipt, Buyer may pay those taxes or liens directly and Seller shall reimburse Buyer for such paid amounts on or before Closing out of Seller's closing proceeds. The Parties agree that Seller will only be liable for taxes or liens resulting from its use of the Property prior to Closing. For purposes of this Section 7 (G), notice to Seller's agent shall constitute sufficient notice to Seller. 7.1 PROPOSED USE. Buyer shall only use the Property for the construction of a Dollar General Store. If construction in not commenced within two years of the date of closing Seller may repurchase the property for the purchase price paid by Buyer. If Seller does not elect to repurchase the property within 24 months from the date of closing the Dollar General Store use restriction shall terminate and the property may be used for any lawful purpose. 8. NON-NEGOTIATION. Seller hereby covenants and agrees that it shall not during the Inspection Period or any extension thereof, nor prior to closing, lease the Property or convey, demise, or otherwise encumber the Property except as specifically provided ill this Agreement. Buyer's Initials c5x ------ Seller's Initials__ Page 61"6H16 PURCHASE AND SALE CONTRACT 9. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants to Seller that: A. Buyer is a Missouri Limited Liability Company, duly organized, validly existing, and in good standing under the laws of the State of Missouri and duly authorized to transact business in and in good standing under the laws of the state where the Property is located. B. Buyer has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Buyer pursuant hereto. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller to the best of their knowledge represents and warrants, and covenants with, Buyer as follows: A. Seller has good and indefeasible fee simple title to the Property subject to matters of record and affecting the Property and at Closing will have and will convey to Buyer by warranty deed good and indefeasible fee simple title to the Property, free and clear of all liens, defects, encumbrances, conditions, exceptions, restrictions or other matters affecting title except Permitted Exceptions; B. Seller has full capacity, right, power and authority to execute, deliver and perforin this Agreement and all documents to be executed by Seller pursuant hereto; provided, however, that this Agreement shall not be binding upon Seller until approval by the city council following a public hearing as prescribed by Iowa law; C. Seller has not received any written notice of any current or pending litigation, tax appeals or environmental investigations against Seller or the Property and, to Seller's knowledge, there is no pending litigation, tax appeals or environmental investigations against Seller or the Property; D. Seller has not entered into any contracts, subcontracts or agreements affecting the Property which will be binding upon Buyer after the Closing; E. Seller has not received any written notice from (or delivered any notice to) any governmental authority regarding any violation of any law applicable to the Property and, to the best of Seller's knowledge, there are no such violations; F There are no occupancy rights, leases or tenancies affecting the Property; G. No person or entity has any option, right of first refusal or other right to purchase the Property or any part thereof or interest therein; 1-1. To Seller's knowledge, no pending or, to Seller's knowledge, threatened condemnation proceedings affecting the Property and Seller has not received any written notice that there is any pending or threatened condemnation of all or any part of the Property; 1. To Seller's knowledge, no hazardous substances have been generated, stored, released, or disposed of on or about the Property in violation of any law, rule or regulation applicable to a Property which regulates or controls matters relating to the environment or public health or safety (collectively, "Environmental Laws"). Seller has not received any written notice from (nor delivered any notice to) any federal, state, county, municipal or other governmental department, agency or authority concerning any petroleum product or other hazardous substance discharge or seepage relating to the Property. For purposes of this Agreement, "hazardous substances" shall mean any substance or material that is defined or deemed to be hazardous or toxic pursuant to any Environmental Laws; and J. Seller has no knowledge of any hazardous or solid waste placed on the property that would require remediation or disposal. Buyer's Initials Seller's Initials— Page 62 WY1 6 PURCHASE AND SALE CONTRACT Should Seller receive notice or actual knowledge of any materially inaccurate information regarding any of the matters set forth in this Section 10 after the date of this Agreement and prior to Closing, Seller will immediately notify Buyer of the same in writing. If Seller is unwilling or unable to correct such inaccuracy on or before Closing of the applicable Property, Buyer may cancel this Agreement and any Earnest Money shall be returned to Buyer. The representations and warranties of Seller shall survive the Closing for a period of one (1) year. Any action based on a breach of any such representations or warranties shall be commenced within such one (1) year period or deemed waived. 11. NOTICES. All notices will be in writing and served by postage prepaid certified mail, by next day delivery (such as Federal Express), by facsimile transmission, or by electronic mail to the addresses shown below, until notification of a change of such addresses. All such notices shall be deemed delivered on the date initiated. For Buyer: With a Copy To: The Overland Group The Overland Group 194 Narrows Drive, Suite 1 1598 Imperial Center, Ste. 2001 Birmingham, Al,35242 P.O. Box 885 Phone: 205-995-2990 West Plains, MO 65775 Fax: 205-995-2989 For Seller: Real Estate Agent: CITY OF WATERLOO Matt Miehe CCIM, 715 Mulberry Street Waterloo, Iowa 50703 Commercial Specialist Phone: 319-291-4366 Fax: 319-291-4262 Sulentic-Fischels Cornrnetcial adrienne.millerLd) Group 319-291-7005 - Direct 319-269-6222 - Mobile 12. AGENCY DISCLOSURE. T14E BUYERS ARE LICENSED REAL ESTATE BROKERS IN THE STATES OF MISSOURI AND ALABAMA. There is no listing company. The selling company Sulentic-Fischels Commercial Group is assisting the Buyer as a transaction broker. 13. BROKER. Each party represents and warrants to the other that Sulentic-Fischels Commercial Group is the only Broker in connection with the sale of the Property. Buyer agrees to pay Sulentic-Fischels Commercial Group in this transaction, in cash, at closing, a FLAT RATE FEE commission in the amount of $7,000.00 (SEVEN THOUSAND AND 00/100). Buyer and Seller each warrant and represent to the other that no real estate broker or agent other than Broker aforementioned have been used or consulted in connection with the negotiation or execution of this Agreement and each covenants and agrees that it will defend, indemnify and save the other harmless from and against any actions,real estate commissions, fees, costs and /or expenses (including reasonable attorney's fees) resulting or arising from acts of the Buyer's Initials Seller's Initials Page 6 3'o'f"I"l 6 PURCHASE AND SALE CONTRACT indemnifying party and resulting in commission, fees, costs and/or expenses being actually found due to any real estate broker or agent by a court of competent jurisdiction in connection with the purchase and sale, if at all,of the Property. 14. DISCLAIMER. Seller and Buyer acknowledge that they have not relied upon advice or representations of Broker(or Broker's associated salespersons) relative to the legal or tax consequences of this contract and the sale, purchase or ownership of the Property. Seller and Buyer acknowledge that if such matters are of concern to them in the decision to sell or purchase the Properly, they have sought and obtained independent advice relative thereto. 15. DEFAULT. In the event Seller breaches its covenant to convey the Property to Buyer or otherwise fails to perform its obligations under this Agreement which are to be performed by Seller at or prior to Closing in accordance with its terms, Buyer shall be entitled to one of the following as Buyer's sole remedy: (a) terminate this Agreement and receive a prompt and complete return of the Earnest and any other monies heretofore paid by Buyer to Seller or for Buyers out-of-pocket expense: OR (b) obtain specific performance of this Agreement. If Buyer fails to perform as required under this Agreement, then Seller shall receive the earnest monies as liquidated damages, it being agreed between Buyer and Seller that such sum shall be liquidated damages for a default of Buyer hereunder because of the difficulty, inconvenience, and the uncertainty of ascertaining actual damages for such default. 16. FOREIGN INVESTMENT IN REAL PROPERTY TAX:ACT(FIRPTA). In the Closing of this transaction, Seller and Buyer shall comply with the FIRPTA and the regulations promulgated thereunder by the IRS. 17. NON-BUSINESS DAYS. If any date herein set forth for the performance of any obligations by Seller or Buyer or for the delivery of any instrument or Notice or for the satisfaction of any condition precedent, or the expiration of any contingency period, as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery or satisfaction of such condition or expiration of such contingency period, shall be extended to the next business day following such Saturday, Sunday or legal holiday. As used herein, the teen "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Iowa for observance thereof. 18. CLOSING. In the event Buyer exercises its rights to purchase the Property, the consummation of the purchase and sale, delivery of the deed of conveyance and payment of the Purchase Price (the "Closing") shall take place at a legal office on a date and time mutually agreed to by the parties hereto, but in no event later than sixty (60) days after the end of the Inspection Period, or any extensions of Closing as outlined in Section 18. All federal, state, county and municipal ad valorem real property taxes and assessments with respect to the Property shall be prorated at closing. If the amount of such taxes and assessments is not known as of closing, then the pro-ration of such taxes and assessments shall be made upon the basis of the most recent ascertainable statements, and such pro- rations shall be adjusted when such taxes and assessments are available. Buyer's Initials Seller's Initials Vs33.0 Page 64 of 116 PURCHASE AND SALE CONTRACT Seller agrees that it shall deliver sole and exclusive possession of the Property to Buyer at Closing free and clear of all tenancies. Seller further agrees that Buyer shall have the option to set a closing date upon sixty (60) days written notice. Seller shall be able to remove any furniture, buildings, fixtures, or contents prior to closing. Any furniture, buildings, fixtures, or contents remaining on the property after closing shall be owned by the Buyer. In the event that Buyer sets a closing date in accordance with this section and Seller fails or refuses to close on the closing date as set, Buyer may, (1) either waive the default and proceed to close the transaction, or (2) terminate the contract and receive the return of all Earnest Money in which case Buyer shall also be entitled to recover all of Buyer's out of pocket expenses in due diligence and design of its project in an amount not to exceed fifty thousand Dollars ($50,000). The remedies contained herein shall be in addition and cumulative to those set forth in section 15 above. Notwithstanding the foregoing, Buyer may extend the closing date for two (2) additional periods of sixty (60) days each upon payment of$5,000 to the Escrow Agent at the time each such extension is requested, which deposits shall be non-refundable (subject only to Seller's ability to convey clear title), and shall be applied towards the Purchase Price at closing. Seller will pay the costs of Seller's counsel, preparation of the deed and ally bill of sale, pay all costs of obtaining a new abstract if original cannot be found,, and transfer taxes for the conveyance. Buyer will pay the cost of Buyer's counsel, the cost of the survey, all loan costs required by Buyers lender, updating original abstract, title policy, escrow fees, broker commissions and recording fees for the deed and mortgage, and any applicable mortgage tax. 19. GOVERNING LAW. This Agreement shall be construed, and the terms hereof shall be enforceable, in accordance with the internal laws (as distinguished from the conflicts of law provisions) of the state where the Property is located, and in the event any legal proceedings are brought in connection with this Agreement, the parties agree that the venue therefore shall be only state and federal courts located in the state where the Property is located,and the courts to which an appeal therefrom may be taken. 20, EXPENSES OF ENFORCEMENT. In the event of litigation between the parties with respect to the Property, this Agreement, the performance of their obligations hereunder or the effect of a ten-nination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneys' fees. 21. SEVERABILITY. In case any of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in effect and the Agreement be performed in a fail-and equitable manner as to any uncertainties arising from the unenforceable provisions. Buyer's Initials Seller's Initials Page 65 vt'.' of 116 PURCHASE AND SALE CONTRACT 22. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures may be faxed or e-mailed. 23. AMENDMENTS. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 24. DESTRUCTION OR DAMAGE. Risk of loss by damage or destruction to the Property prior to the Closing shall be home by Seller. The parties acknowledge that if there are improvements on the Property, and in the event of any damage or casualty to any such improvements on the Property, by fire or other casualty, this Agreement shall continue unaffected, and Buyer shall have no right to any insurance proceeds of Seller with respect to said damage. 25. CROPS/FARMING. In the event that the Property is fanned for crops, Seller shall have the right to plant crops on the property, maintain and harvest the crop while Property is under contract. If Buyer closes on the Property and desires to commence construction prior to harvesting the crops, Buyer shall pay Seller the sum of$2000.00 as compensation for the crop loss. Buyer may also request that Sellers forego planting any crops by written request to Seller, with Buyer paying Seller $1,000.00 as compensation for the anticipated loss of profit. Any amounts paid pursuant to this paragraph shall be in addition to the purchase price stated in paragraph 1. 26. EXPIRATION. If this Agreement is not executed by Seller and Buyer on or before 5:00 P.M., CS-r/CDT time I this Agreement shall be null and void and shall have no force and effect and neither Seller nor Buyer shall have any further obligations hereunder. The effective date of this Agreement shall be the date upon which the later of Seller or Buyer executes this Agreement. Buyer's Initials Seller's Initials V5.3.3.0 Page 66 of 116 PURCHASE AND SALE CONTRACT 27. ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussion, negotiations and agreements between Buyer and Seller, whether oral or written. Neither Buyer, Seller, nor Broker, nor any sales agent shall be bound by any understanding, agreement, promise, or representation concerning the Property, expressed or implied, not specified herein. If any clause or provision of this Agreement, or the application thereof to any entity or circumstance, is or becomes illegal, invalid or unenforceable to any extent because of present or future laws or rules or regulation of any governmental body or entity, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. This Agreement shall be construed under Iowa law, and the parties agree that any action to enforce this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent permitted by law. Seller(s) CITY OF WATERLOO By: As Its: Date: Buyer: THE OVERLAND GROUP, LLC Ify: Sid Aultman As Its: Member 01 Date: 0 Buyer's Initials Seller's Initials V5.3.3.0 Page 67 of 116 PURCHASE AND SALE CONTRACT EXHIBIT "A" SENT EAST R/W L44C 10 10 STREET ee ,hlll< 30 29 Iwald 4355"E 144,2t- 33", Cl/4 CC 551"hY36E 3657" cA N0064,11SVE K.50 ry S.C. CIR: SEC 19.89-12 6. FO MMD TOP PIPE .... .. ts LOW ST p .............. ... WILLOW NIAMT " "`.•.-58594346'0 Z " SOUTH LM HEI/4 $M 10-09-12 S6WV*43$S'V NORTH LWt SE114 SEC 19-0-12 ! 4 NWOIOCISIWW SIG, q 4 AWIY cENTERLIKE EXIST MG 4W 16.5! "a Y �e .x ISE tNU A/* CA140 STREET New nol IDA40 STMXT— OSco AM I&K JILORM DLW WK JR.OA "TO035,19,w 164.00- CC" 2649.91, CTM' SIA.45+00 ML JKDRIME YY ............ Buyer's Initials Seller's Initials V53.3.0 Page 68 of 116 PURCHASE AND SALE CONTRACT EXHIBIT"'B" Prepared by and when recorded return to: DECLARATION OF COVENANTS AND RESTRICTIONS Date: , 2018 Owner: CITY OF WATERLOO When recorded return to: 1598 Imperial Center, Suite 2001, West Plains, MO 65775 Tract: Shall be described once there is a survey and legal description The Owner hereby declares that the Tract shall be held, sold, and conveyed subject to the following restrictions for the purpose of, among other things, insuring the quiet enjoyment of the Tract for the purpose that it is being developed and improved. 1. Benefited Parties/Binding Effect. The rights and obligations established in this Declaration of Restrictions (this "Declaration") shall nui with the land and be for the benefit of the Tract and any portion of the Tract and shall run with the land and be binding upon the Tract and any use of the Tract. 2. Business Restrictions on Tract. Owner hereby further declares that the Tract shall not be used for or used to access any business operated as the following: Family Dollar Store, Bill's Dollar Store, Fred's, Dollar 'Tree, Ninety-Nine Cents Only, Deals, Big Lots, Walgreens, CVS, Rite Aid, Wal-Mart, Wal-Mart Supercenter, Wal-Mart Neighborhood Market or any Wal-Mart retail concept, as well as any establishment selling or exhibiting paraphernalia for use with illicit drugs, any establishment selling or exhibiting materials or devices which are adjudicated to be pornographic by a court of competent jurisdiction, and any adult bookstore, adult video store or adult movie theater or a funeral parlor. 1 Enforcement. Owner acknowledges that monetary damages would be an inadequate remedy for breach of this Declaration, and that any violation of this Declaration will result in immeasurable and irreparable harm to the other party, warranting an injunction. 4. Duration. The provisions of this Declaration shall run with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by law. Buyer's Initials �5x Seller's Initials Page 69 6T1 16 CITY OF WATERLOO Council Communication FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date �:^nig dnnecn'n pg 1CMIISO I, ,pame Approved 9/4/20 8 .. 4-00 P t`IIerk Office Evev m, L-e mini Approved 9/5/201 ... tl tl-40 AM Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. SUBJECT: Resolution adopting Proposed Resolution of Necessity, as proposed or amended. No bids were received for contracted sidewalk repair work and a new hearing will be set for a later date. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 70 of 116 CITY OF WATERLOO Council Communication Resolution approving temporary, parking prohibited signs on the northeast side of Lafayette Street from E. 2nd Street to Mullan Avenue. City Council Meeting: 9/10/2018 Prepared: 8/31/2018 REVIEWERS: Department Reviewer Action Date II naafi: Open-alons Eves i, 1..emini Approved 9/4/2018 .. tl tl-2 AM SUBJECT: Resolution approving temporary narkingprohibited signs on the northeast side of Lafayette Street from E. 2nd Street to Mullan Avenue. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Due to the closing of Franklin Street on Tuesday- 9/4/18 - traffic will be re- Summary Statement: routed onto 2 block of Lafayette for approximately 3 weeks. Residents have been notified by the contractor of the pending "No Parking" for the 3 weeks. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Background Information: Detour due to Highway 63 construction. Page 71 of 116 CITY OF WATERLOO Council Communication Resolution authorizing the next phase of construction on University Avenue from Greenhill Road to Midway Drive, and authorizing City Staff to begin condemnation proceedings to allow for acquisition of temporary easements for the construction of the bike trail. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggpnmceHnng 1 niasob i, gaam'ne Approved 9/4/2018 4-00 PM t.`Ilcap Office Eveni, Approved 9/5/2018 ... p p-.59 AM Resolution authorizing the next phase of construction on University Avenue SUBJECT: from Greenhill Road to Midway Drive, and authorizing City Staff to begin condemnation proceedings to allow for acquisition of temporary easements for the construction of the bike trail. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Page 72 of 116 CITY OF WATERLOO Council Communication Resolution approving a Permanent Drainage and Utility Easement Agreement in the amount of$29,000, with Nisvet Covic and Fikreta Dervisevic, in relation to the Delane Creek Drainage Basin Improvements Project, located at 2802 Delane Avenue. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date 1° ata)nm'nay & Zoniig A.radersoi, Noe; pproved 9/5/201 �2:32 P 1-111 (. Office Eveni, 1: eA.mira Approved 9/5/2018 2:20 P ATTACHMENTS: Description Type Attaacfinaents .... Delane Basin Acq ... Paarcd 91 Me nio Resolution approving a Permanent Drainage and Utility Easement Agreement SUBJECT: in the amount of 529.000. with Nisvet Covic and Fikreta Dervisevic, in relation to the Delane Creek Drainage Basin Improvements Project, located at 2802 Delane Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the City of Waterloo to accept a peimanent drainage and utility easement agreement in the amount of $29,000.00 with Nisvet Covic and Fikreta Dervisevie in relation to the Delane Creelc Drainage Basin improvements project. Staff has added additional compensation to the offer as the applicant currently has a rock driveway that was specifically designed and constructed to park and hold the weight of his semi-truck. A large amount of trees will be removed in the permanent easement area and the applicant has requested that additional compensation be added to screen the property to the east, as the trees that are going to be Summary Statement: removed acted as a natural buffer. Additional compensation can be also used to plant more vegetation to further screen the property. The timeline on when this project will begin is not yet known, therefore staff added some extra compensation, as the property owner noted that over time, the costs of the restoration project will go up. Staff feels that the proposed amount is a fair amount due to the amount of work to restore the property to its current condition and the removal of trees. During times of heavy rainfall, this area experiences some flooding issues and this project is intended to help alleviate some of those water problems. Page 73 of 116 Expenditure Required: $29,000.00 Source of Funds: GO Bonds Policy Issue: N/A Alternative: N/A A parcel of land within Lot 2 of Messenger's Replat of Tract"A" in Martin Heights First Addition to Waterloo, Black Hawk County, Iowa, said parcel being shown on Acquisition Plat Exhibit"A" (Sheet 1 of 1) attached hereto and by reference made a part hereof, more particularly described as follows: Commencing at the westerly corner of said Lot 2:thence North 50°02'24" East (North 51°09'58"East-Record) along the north line of said Lot 2 a distance of 123.59 feet(123.98 feet-Record)to the intersection with the presently established southwesterly right-of-way line of Delane Avenue and Legal Descriptions: the Point of Beginning; thence North 43°10'57"East(North 43°46'28" East- Record) along said north line 30.23 feet(30.09 feet-Record)to the northeasterly line of said Lot 2; thence South 40'04'18" East(South 38°55'47" East-Record) along said northeasterly line 101.62 feet(101.27 feet-Record)to the southeasterly line of said Lot 2; thence South 50°00'42" West(South 51°09'58"West-Record) along said southeasterly line 30.57 feet; thence North 39°45'05"West, 98.03 feet to Point of Beginning, containing 3,024 square feet, more or less. Basis of Bearing: The southeasterly line of said Lot 2 is assumed to bear South 50°00'42"West(South 51°09'58"West-Record). Page 74 of 116 City of Waterloo Delane Creek Drainage Basin Project �✓/ni %% r i � � �r r G/ l,� � r r J / i r rr i r r d J rr « r IIII��N'' 00 I��'° IIIIIIIumI u � J m< r ��°�O� y r r /� � l,>•r y h 1 r 0 rl i�l/rrl� /r r Y �� frl 1N'D I r N � � i piuuuuuuuuuuuuuuuuuuuuuiiiiumumuuuuu Illllllii�i��IIIIVVVV a / ' r I (0/ IIIIMXII , /,l Nf f f fff N Permanent Easement w E Parcel 91 s Nisvet Covic & Fikreta Dervisevic 40 20 0 40 , . Feet Page 75 of 116 PERAiANUff EASENEEW AGREEM" For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a permanent drainage and utility easement across the following described p wp rty in the City of WAMIC n,Black 11Ezw k County,Stats of kwa: Sac Affmch l F-xKA t for the purpose of drainage improvements related to the Delane Creek Drainage Basin,together with a ri&of irrgzcs 1 and egrm d acon- In room for the dedicatim and use of said permanent drainage cascatent,the undersigned shall be granted a compensation amount of 29©tlll Otl. IN WITNESS WKIERLDF,we have hereunto set our hands this day of 2018. Nisvet Covic Filacta -vie State of j� County) ss. on this'' ofed 201 bcfare me the undersi8o personally appeared - .to me known to be the person(s)named in and who executed the foregoing insuument and ac knowlcdgml that they e:wsed the same as dw*v hm1my act and decd. IN W[TNESS Wf3ERE W,I hav+c hacunto agacd my name ad affmod my Notarial Seal the day and year last above written. Seal MIC ROBINSON Notary Public As- C0M411}iikirl#801956 My COMMWaion Explrp Februw y 2a,2020 Page 76 of 116 ' PERMANENT EASEMENT PLAT EXHIBIT "A" l OF 1 COUNTY BLACK HAWK STATE CONTROL NO. PROJECT NO. PARCEL NO. 81 SECTION 33 TOWNSHIP 89N RANGE 13W FEE PERM. EASE' 3~074 S.F. TEMP. EASE. City ofWaterloo Prepared by:leffrey R.Hutton,P.L.S.,Great Plains Survey,tnc.407 Sycamore St.,La forte City,TA 50651,Ph.(319)342-4774 THE PERMANENT DRAINAGE AND UTILITY EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land within Lot 2 of Messenger's Replat of Tract "A" in Martin Heights First Addition to Waterloo, Black Hawk County, Iowa, said parcel being shown on Acquisition Plat Exhibit"A" (Sheet 1 of 1) attached hereto and by reference made a part hereof, more particularly described as follows: Commencing at the westerly corner of said Lot 2; thence North 50°02'24" East (North 51'09'58"East-Record) along the north line of said Lot 2 a distance of 123.59 feet(123.98 feet-Record) to the intersection with the presently established southwesterly right-of-way line of Delane Avenue and the Point of Beginning; thence North 43°10'57" East (North 43°46'28" East-Record) along said north line 30.23 feet (30.09 feet-Record) to the northeasterly line of said Lot 2; thence South 40°04'18" East(South 38°55'47" East-Record) along said northeasterly line 101.62 feet (101.27 feet-Record) to the southeasterly line of said Lot 2; thence South 50°00'42"West(South 51°09'58" West-Record) along said southeasterly line 30.57 feet; thence North 39°45'05"West, 98.03 feet to Point of Beginning, containing 3,024 square feet, more or less. Basis of Bearing: The southeasterly line of said Lot 2 is assumed to bear South 50°00'42" West (South 51°0958"West-Record). Delane Drainage Basin Waterloo,Iowa Parcel 091 Date:March 14,2014 0:11410001CadlPlatsll..egalslcs-legal Parcel 091PE.docx Page I of 1 S&D Construction Estimate 8509 HAMMOND AVE Date Estimate# IA 50701 6/15/2018 39 Name/Address E-mail 2802 Detane Ave skddconstructionllc@gmail.com Waterloo,Iowa 50701 Account#319830 Description Qty Rate Total Grade Existing Gravel Parking Lot.Remove&Dispose of Debris. 1 2,750.00 2,750.00 Fill Granular Fill As Needed To Obtain Solid Parking Area.Level 1 3,750.00 3,750.00 &Compact Grade Place 1"Road Stone For The Finish Layer 1 2,000.00 2,000.00 Remove&Replace City Approach 10'x14' 1 3,250,00 3,250.00 Total $11,750.00 Page 79 of 116 S ft H GARAGESUk Estimate 1735 HOWARD AVE IA 5M Daft �GIf 11/5/2417 76 Phone (319Y240 tw s Nlamel Nis e t Covic 2802 Oetarre st Watwbi%IA SM pmjod z , ¢ r 55 ` Privacy Fence supply a ire+w t2iaft veranda Pro:series Ut H x aft W 1%74LW 1%746.Aiii wee vb*Hwwwd huacy F+ente PaweL Protide City ParrdL j 1 o c/o e (c) � � tUe harper awes to pay 2i19Ldeposit as �► Ta�11 20 . �,(� « ) _ Me Daae is due.eleea Se J* es 11 Fitermte 1"Mult charge 1 1 nS wE be dw-red toad ara w*%tin days PMT DM Nan the eirdirreil dMte. I agree to thka by sop t this Estamate» s4pdd>Ne3 Page 80 of 116 CITY OF WATERLOO Council Communication Resolution approving acceptance of 2019 GTSB Highway Safety Grant in the amount of$50,900 for impaired driving enforcement. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date 11od ce 1)epart m nt Moh is, Dave Approved 9/4/2018 2-11 PM (.`11eri; i.Di'ince Evemn, L-eA.mm) Approved 9/5/2018 p p:4p AM SUBJECT: Resolution approving acceptance of 2019 GTSB Highway Safety Grant in the amount of$50,900 for impaired driving enforcement. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Authorize the City to accept the grant and the Chief of Police to sign the contract. We have received this grant for the past several years. It is through the Governors Traffic Safety Bureau and targets impaired driving. It provides Summary Statement: $40,000 for targeted overtime enforcement, $1000 for training and $9900 for the purchase of two Preliminary Breath Testers (PBT's) and two in car recording systems. Total grant$50,900. Expenditure Required: This grant requires no matching funds. Source of Funds: N/A Policy Issue: None Page 81 of 116 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Ritland+Kuiper Landscape Architects, of Waterloo, Iowa, in an amount not to exceed $9,500, in conjunction with the reconstruction of Franklin Street, from E. 1st Street to E. 6th Street, as part of the FY 2019 Street Reconstruction Program, and authorize the Mayor to execute said document. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date p:^atiff'=rpn Krattt otm, Jaatrr'ne Approved 9/4/2018 5:0i PM t.`Iled(. Office Evetm, 1-eA.tm Approved 9/5/20](S ... p p:43 AM ATTACHMENTS: Description Type Firaariklima St. Streelscatp p)ropp"mos all pU.1., . t."toes Memo Resolution approving a Professional Services Agreement with Ritland+Kuiper Landscape Architects, of Waterloo, Iowa, in an amount not SUBJECT: to exceed $9,500, in conjunction with the reconstruction of Franklin Street, from E. 1st Street to E. 6th Street, as part of the FY 2019 Street Reconstruction Program, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Summary Statement: provide enhancement design for the Franklin Street reconstruction in 2019 from E I st Street to E 6th Street Expenditure Required: estimated fee of$9,500.00 Source of Funds: G.O. Bonds Page 82 of 116 AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement, effective as of August 10, 2018, is between the following parties: CLIENT: City of Waterloo LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: FRANKLIN STREETSCAPE IMPROVEMENTS ARTICLE 1: LANDSCAPE ARCHITECT'S BASIC AND ADDITIONAL SERVICES A. Project Understanding 1. The project scope includes development of concept plans for streetscape enhancements in downtown Waterloo, along Franklin Street between 1st Street and 6th Street, in coordination with planned City of Waterloo improvements to the corridor in 2019. 2. Design for streetscape enhancements will be complementary with other recent downtown streetscape renovations, including coordination with U.S. Highway 63 improvements. 3. The Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession. B. Scope of Services 1. Design Development a. Utilize survey information provided by the City of Waterloo to develop a basemap for the streetscape corridors in the study. b. Develop preliminary streetscape concept plans for Franklin Street complementary to recent downtown improvements. Enhancements for inclusion in the streetscape concept may include trees, lights, specialty pavement, furniture, and signage, and artwork. c. Coordinate two work sessions for design interaction with Client and Walnut Neighborhood representatives. d. Develop a final Conceptual Development Plan for the streetscape corridor as described in the Project Understanding above. e. Develop preliminary cost opinion to help evaluate funding needs and priorities. C. Services Not Included The following items are not included in the project scope at this time, but could be added by supplemental agreement if and when the services are needed. 1. Surveying 2. Site modeling and 3D images. Deliverables will included colored plan views only. 3. Platting and/or Right-of-Way Services 4. Geotechnical Investigation 5. Utilities design (electrical, water, sewer, etc.) 6. Construction Documents and Construction Related Services. Page 83 of 116 D. Additional Services 1. We will identify services not included in our proposed scope of work if they are requested. We will advise your office of the impact on our work, and propose an increase to the fee amount before any work is undertaken that is outside our scope of services. 2. Extra services will be provided on an hourly basis at the billing rates listed below or the current hourly rates prevailing when services are rendered. ARTICLE 2: CLIENT'S RESPONSIBILITIES A. Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. ARTICLE 3: COMPENSATION AND PAYMENTS A. Client agrees to pay Landscape Architect as follows: Based on the complexity of the project and the amount of services anticipated, RITLAND+KUIPER Landscape Architects (and their subconsultants)will provide the services described in Article 1, and in accordance with the conditions outlined in this contract, for a sum not to exceed $9,500. 1. Billing for services will be hourly, at the rates listed below, and submitted monthly as the work progresses. 2. Billing rates effective through December, 2018: Craig Ritland, FASLA $ 125.00/hr. Mark Kuiper, ASLA $ 125.00/hr. Samantha Price, PLA $ 75.00/hr. B. Reimbursable Expenses, if incurred (i.e. printing costs)will be billed at our direct cost, in addition to the fees above. At this time we do not anticipate any significant printing costs in the design development process as we expect our deliverables to be electronic files (PDF documents). C. Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. ARTICLE 4: TERMINATION A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. Page 84 of 116 C. Upon not less than seven days'written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. ARTICLE 5: DISPUTE RESOLUTION A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. ARTICLE 6: USE AND OWNERSHIP OF LANDSCAPE ARCHITECT'S DOCUMENTS A. Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. ARTICLE 7: MISCELLANEOUS PROVISIONS A. This Agreement is governed by the law of Landscape Architect's principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. F. To the greatest extent permitted by Iowa law, the Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys'fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. Page 85 of 116 G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses'fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. H. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. I. To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. J. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. LANDSCAPE ARCHITECT CLIENT: City of Waterloo W44 Aoh Markl Kuper, ASLA,IIED AP, Principal Signature Dated: August 10, 2018 License/Certificate No. IOWA 00413 Title Renewal Date: June 30, 2019 Dated Page 86 of 116 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in an amount not to exceed $74,000, and authorize the Mayor to execute said documents. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date 1-ensure Services pluufl ng, Pa Lfl Approved 9/5/2018 0.24 AM (.`Ilenk Office Evenm, 1-eA.nirpproved 9/5/2018 ... p �:48 AM ATTACHMENTS: Description Type A.rriendaiiu:nOp.R. .1..AA I i nc offi Park Me nio Resolution approving Amendment No. 1 to the Professional Services SUBJECT: Agreement with Ritland+Kuiper Landscape Architects; in conjunction with the Lincoln Park Renovation Project; in an amount not to exceed 574,000, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Paul Huting, Leisure Services Director Approve Resolution approving Amendment#1 to the Lincoln Park Renovation Project Professional Services Agreement with Ritland+ Kuiper Recommended Action: Landscape Architects to provide Construction Documents and Construction Related Services in an amount not to exceed $74,000, and authorize Mayor to execute said document. Summary Statement: This amendment with provide for construction documents and project oversight for the Lincoln Park Renovation Project. Expenditure Required: $74,000 $125,000 McElroy Trust Grant $600,000 Black Hawk County Gaming Association Grant Source of Funds: $ 40,000 City of Waterloo CIP Bond Funds Additional grant requests have been submitted to fund the remainder of this $980,000. project. This project supports the City of Waterloo's strategic Plan, Strategy 1.7: Policy Issue: Seek ways to create a "live, learn, work and play" enviroment with amentities that attract and retain population in Waterloo and Strategy 4.5: Maintain and develop community services and facilities that support quality of place. Page 87 of 116 AMENDMENT #1 TO AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT In accordance with the agreement dated August 29, 2017, between the following parties: CLIENT: City of Waterloo Leisure Services Commission, 1101 Campbell Avenue, Waterloo, IA 50701 LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: LINCOLN PARK RENOVATION Authorization is requested to proceed with the following additional services: Construction Documents and Construction Related Services You have requested our services for final design construction documents and construction related services to assist you in the renovation of Lincoln Park in downtown Waterloo. We are proposing the following additional services as per the terms of our existing contract: 1. Construction Documents This will include work required to create a set of construction documents for the park renovation, including: a. Attend coordination meetings with the Client, City of Waterloo staff, and other consultants as required. b. Provide construction documents (plan details and specifications) for demolition, site grading, paving, landscaping, site furniture, signage, and play feature. Included in these tasks will be the typical cross sections, tabulations and quantities, final plan and elevation sheets, detail layouts, and technical specifications. c. Coordinate site lighting (pedestrian and area lighting), power supply (including power for events), and water supply (drinking fountain and new water supply lines to existing vault locations) sub-consultant design services from MODUS Engineering for inclusion into the bid documents. d. Coordinate all site design work with the requirements of the City of Waterloo as appropriate and required. e. Assistance with bidder selection. 2. Construction Related Services Services to be provided for contract administration during the construction phase of the project as defined by the following tasks: a. Conduct a preconstruction conference attended by representatives of the Contractor, Subcontractors, Client, Consultants, and affected utilities. b. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. c. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Page 88 of 116 d. Landscape Architect will make periodic visits to the site of the construction to observe the progress and quality of the construction work and to determine, in general, if the results of the construction work are in accordance with the Drawings and Specifications. On the basis of these on-site observations, the Landscape Architect shall endeavor to guard the Client against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee the performance of the Contractor. The Landscape Architect shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the construction work. The Landscape Architect is not responsible for construction means, methods, techniques, sequences, procedures, time of performance, programs, or for any safety precautions in connection with the construction work. The Landscape Architect is not responsible for the Contractor's failure to execute the work in accordance with the Construction Contract. e. Review the Contractor's request for progressive payment, and based upon said on-site observation, advise the Client as to the Landscape Architect's opinion of the extent of the work completed in accordance with the terms of the Construction Contract as of the date of the Contractor's payment request and issue, for processing by the Client, a Certificate for Payment in the amount owed the Contractor. The issuance of Certificates for Payment shall constitute a declaration by the Landscape Architect to the Client, based upon said on-site observations, review and data accompanying the request for payment, that the Contractor's work has progressed to the point indicated; that to the best of the Landscape Architect's knowledge, information, and belief, the quality of the Contractor's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to the correction of minor deviations from the Construction Contract Documents, to correction of minor deviations from the Construction Contract Documents and to qualifications stated in the Certificate for Payment); and that the Contractor is entitled to the amount stated. The issuing of the Certificate for Payment by the Landscape Architect shall not represent that the Landscape Architect has made any investigation to determine the uses made by the Contractor of sums paid to the Contractor. f. Prepare and assist the Client and Contractor in preparing and processing contract change orders. g. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Provide communication between Client and General Contractor to address corrections to work. h. Review required contractor submittals, such as shop drawings and samples, for conformance with project drawings and specifications. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. i. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. j. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. k. Assist the Client with the final close-out documentation from the Contractor. This will include (2) closeout binders with as-built drawings, submittals and other project documentation. Based upon the above scope of work and services anticipated, RITLAND+KUIPER Landscape Architects (and their sub-consultant, MODUS Engineering)will provide the services described above, and in accordance with the conditions outlined in our contract, for a sum not to exceed $74,000. Page 89 of 116 1. Billing for services will be hourly, at the rates listed below, and submitted monthly as the work progresses. 2. Billing rates effective through December, 2019: Craig Ritland, FASLA, Principal $125.00/hr. Mark Kuiper, ASLA, Principal $125.00/hr. Samantha Price, ASLA $ 75.00/hr. SUBMITTED BY: AGREED TO: LANDSCAPE ARCHITECT CLIENT: City of Waterloo X44 Mark Kuiper, ASLA, LEED AP, Principal Signature Dated: September 4, 2018 License/Certificate No. IOWA 00413 Title Renewal Date: June 30, 2019 Dated Page 90 of 116 CITY OF WATERLOO Council Communication Resolution approving a Consulting Services Agreement with Ecoengineers, in an amount not to exceed $11,850, for a preliminary Biogas to RNG Offtake Market Analysis, and authorize the Mayor to execute said document. City Council Meeting: 9/10/2018 Prepared: 9/5/2018 REVIEWERS: Department Reviewer Action Date Wase Maanage nueiit 1l oa tribrrecker, 8leveti Approved 9/5/2018 0:47 AM 1.`Ileuk Office Everrm, 1: eA. nira Approved 9/5/2018 ... 1 �-.59 AM ATTACHMENTS: Description Type Meunrio to WAta floo Mayor an(] (" ty Co urncip Me nio ccoenu&eerrs 13io gas Markel Evauaufpaknn Backup Mauterianll Resolution approving a Consulting Services Agreement with Ecoengineers, SUBJECT: in an amount not to exceed 511,850, for a preliminary Biogas to RNG Offtake Market Analysis, and authorize the Mayor to execute said document. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Department Director It is recommended that the city council support the associated resolution Recommended Action: approving of entering into a contract with ecoengineers to perform an RNG Market analysis. Expenditure Required: $11,850.00 Source of Funds: Sewer Funds Page 91 of 116 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319)291-4553 • • Steve Hoambrecker, Director September 4, 2018 Memo to Waterloo Mayor and City Council: RE: Resolution approval, Hiring of ecoengineers, Biogas Market Evaluation Background Discussion Previously Strand and Associates was hired to evaluate the potential of processing the biogas being generated from both the anaerobic lagoon and the WWTP into pipeline quality gas. The report is complete. This is a high financial risk project with the potential for a high financial reward. Presently the renewable energy markets are very strong, making this project very profitable, but the stability of the future market could be volatile. A meeting was held with city staff, ecoengineers and Strand to discuss the markets and associated concerns. It was felt from that discussion to recommend the hiring of ecoengineers to evaluate and recommend alternate financial options which would reduce the potential present lucrative returns for more long term contracts with less payback but more projected financial long term security. Ecoenginers has proposed to conduct this evaluation for$11,850 which includes performing the RNG Offtake Market Analysis and making a presentation to the city council. Once this evaluation has been prepared, the city will be in a more favorable position to potentially proceed with the project. Recommended Action It is recommended that the city council support the associated resolution on the September 10, 2018 city council agenda recommending approval of entering into a contract with ecoengineers to perform an RNG Market analysis . Page 92 of 116 dAl1 �4' o i�� 1 m uo a m��101 Bio moi u01011�1� o ol�� ��� ����V qUl#�11�uumouuu�l� E? i nom n yam i om� 1�m n uw us n n low lar=r�rlala� <.Irurr� ri ��;:alla,�tliraltr�;�� t� 1 ° ���~ ������—&K—�N��������*�� ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- September4, ZOl8 EcoEn8ineers' Proposal #R0Q312018QP ZOriQina| F—] Revised Steve Hoambrecker, Director City ofWaterloo 35OSEaston Ave. Waterloo, |A507U2 RE: RENEWABLE NATURAL GAS CONSULTING—RNG OFFTAKE MARKET ANALYSIS Dear Steve, |twas good meeting with you, Michelle, Mayor Hart, and Randy last week to discuss your potential renewable natural gas (RNG) project. Thank you for giving EcoEn8ineersthe opportunity topresent this proposal for renewable energy consulting services to complete a preliminary RNG offtake market analysis. The City is interested in understanding the offtake options and revenue impacts including long term fixed pricing, intermediate fixed prices, and other market strategies compared to using the RNG as transportation fuel and generating RINs and potentially California LCFS credits. 1.0 EXECUTIVE SUMMARY The City of Waterloo, Iowa would like to engage the consulting services of EcoEn8ineersto conduct a preliminary RNG offtake market analysis for the City's potential bio0astn RNG project. This analysis will compare potential offtake structures and strategies and the associated revenues with afocus on long term' fixed price agreements, intermediate (3'7 years) agreements' and short term' variable pricing structures with R|Ns and potentially LCF3credits. The analysis will outline the revenue impacts tothe City's two potential RNG projects: RNG produced at the anaerobic lagoons processing waste from Tyson and RNG produced at the City's wastewater treatment plant which processes municipal bioso|ids. 2.0 PROJECT TEAM Available resources that will be allocated to this project are as follows: * Brad P|eima, P.E, Senior Engineer * Shashi Mennn' CEO 3.0 SCOPE 0FWORK Following are the services to be provided through this proposal. Adescriptinn of each service and its corresponding deliverable isprovided below. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RNG Consulting ISeptember 4' ZO181 1 Page 94Of116 ° ���~ ������—&K—�N��������*�� ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Task#1: RNGOfftake Market Analysis EcoEn0ineersvvi|| complete the following items: l. Outline the potential offtake and financial structures for the RNG produced by the City at the VVVVTPand the anaerobic lagoons. 2. Summarize the long, intermediate,and short term RNG offtake options outside of the RFS and the potential financial structures currently seen in the marketplace. 3. Summarize the RFS and California LCFS offtake options and the possibility of Waterloo participating inboth marketplaces. 4. Create 4-5 financial revenue scenarios using the offtake structures outlined in items#2 and #3. 5. Outline potential risk mitigation strategies for the City. 6. Recommend next steps for the City to consider. 7. Draft areport summarizing the results ofofftake market analysis. Q. Send adraft ofthe report tothe City for review. 9. Incorporate City comments into the report and submit a final report in PDF format. 10. Attend a meeting in Waterloo and present to the City summarizing the results of the analysis and report. 4'0 PRCHE[TT|KUEL|NE The work shall commence with a signed contract and the following timeline is proposed. Time Frame Task# Description of Activities to be Completed Days from receiving complete data set 30 days 1-9 Offtake Market Analysis 30 days 30-60 days 10 Presentation to the City of Waterloo 30-60 days 5.0 PROJECT DELIVERABLES Final deliverables will include the following: Task# inal Deliverable Description 1 RNG Offtake Market Analysis Report 6.0 PROJECT FEE SCHEDULE The fn||oxxin0 activities and their associated costs are outlined below for consulting services for the project: Acct. Task Description Qty- Unit Unit Amount Code # Price 600 1-9 RNG Offtake Market Analysis I Lump $9,950 $9,950 Sum 600 10 Presentation to City I Lump $1,900 $1,900 Sum TOTAL 1 1 $11,850 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RNG [onsu|ting ISeptember 4' ZO181I Page 95 Of 116 ° ���~ ������—&K—�N��������*�� ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Thetuta| funds requested for these services is $11,850 (excluding taxes where applicable). The costs provided in this proposal are based on the information provided. If new information arises which necessitates achange inscope, anupdated proposal will beprovided. 7.0 OTHER SOW-SPECIFIC TERMS AND CONDITIONS Unforeseen regulatory changes proposed/implemented by USEPA^ [ARB, urother regulatory agencies during this project may impact the services provided in this scope of work. If necessary EcoEngineers will notify client and provide anamended scope ofwork. If this proposal is agreeable to you, please sign the enclosed agreement and return. We will countersign and return a copy to you. If you have any questions' please contact me at 515'985'1281 or . EcuEn0ineers appreciates the opportunity to assist you in this matter. Sincerely, e 1141 Brad P|eima' P.E. Senior Engineer End: EcoEn0ineeroServices Contract Agreement cc File ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RNG [onsu|ting ISeptember 4' ZO1813 Page 96Of116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- AGREE[NENTTERyNSAN0[0N0|T|ONS The attached Scope of Work("SOW"), adopts and incorporates by reference the terms and conditions of the master agreement#08312018WTL("Master Agreement"),which was entered into on the date below between TPR Enterprises, LL[, d/b/a Eco Engineers, an Iowa limited liability company (^EcmEngineers^) and the City of Waterloo, Iowa ("Client"), as it may be amended from time to time. This SOW is effective beginning on date signed below, ("Effective Date") and will remain in effect until terminated in accordance with the Master Agreement. Transactions performed under this SOW will be conducted in accordance with and be subject to the terms and conditions of this SOW, and the Master Agreement. GENERAL CONDITIONS SOW Number: #R08312818BP Proposal Amount: Terms ofPayment: Progress billed due net 30and prior tofinal report submission Taxes: Not included Pricing: Proposal and pricing valid for 30 Days IN WITNESS WHEREOF,the parties hereto have executed this SOW osofthe date below. City ofWaterloo, Iowa: EmoEn8ineers: Authorized Signature Authorized Signature Full Name Full Name Title Title Date Effective Date ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RNG [onsu|ting I September 4' ZO18 14 Page 97Of116 ° ���~ ������—&K—�N��������*�� ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- U0Uvo^c^ngUnfm`rmat^on Please fill out the following information: Company Name tnbeinvoiced: Billing Address ofCompany: PO Box/Suite Address of Company: City: State' Zip Code: Country: Phone: Website: Plant Address, ifdifferent from above: P{JBox/Suite Address nfCompany: City: State' Zip Code: Country: Phone: Website: Shipping Address ofCompany, /f differentfromabove: POBox/Suite Address ofCompany: City: State: Zip Code: Country: Person toreceive invoice: Email Address: Person to receive invoice: Email Address: Type ufpayment for the invoice: Check WireCredit Card Will POnumbers berequired for your company oninvoice? YesNo Is there any other required information which needs to be on the invoices? Please explain. Who tocontact for past due invoices, /fdifƒerentfrnnn above: Name: Email Address: Office Phone: e||/OtherPhone: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- RNG [onsu|ting ISeptember 4' ZO1815 Page 98Of116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- EC0ENG|NEERSTER[NSANQCOND|T|0NS(#OQ312O18VVTL) l. Applicability. (a) These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods("Goods") and services("Services") by TPR Enterprises, LLC, d/b/a Eco Engineers("EcoEngineers")to the buyer named on the SOW(as defined below)("Client").Notwithstanding anything herein to the contrary,if a written contract signed by both parties is in existence covering the sale of the Goods and Services covered hereby,the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. (b) The accompanying scope of work(the "SOW"), any required Sublicense (defined in Section 14(b) herein), and these Terms (collectively,this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings,agreements,negotiations,representations and warranties and communications, both written and oral.These Terms prevail over any of Client's general terms and conditions of purchase regardless whether orwhen Client has submitted its purchase order orsuch terms. (c) Notwithstanding anything tothe contrary contained in this Agreement, EcoEngineers may, from time to time change the Services without the consent of Client provided that such changes do not materially affect the nature or scope of the Services,or the fees or any performance dates set forth in the 50VV. 2. Delivery of Goods and Performance of Services. (a) The Goods will be delivered as provided pursuant to the SOW. EcoEngineers shall not be liable for any delays, loss ordamage intransit. If for any reason Client fails to accept delivery of any of the Goods on the date fixed pursuant to EcoEngineers' notice that the Goods have been provided to Client,or if EcoEngineers is unable to deliver the Goods on such date because Client has not provided appropriate instructions, documents' licenses or authorizations: (i) risk ofloss tothe Goods shall pass to Client; and (ii) the Goods shall be deemed to have been delivered. (b) EcoEngineen shall use reasonable efforts to meet any performance dates to render the Services specified inthe SOW,and any such dates shall beestimates only. (c) With respect tothe Services, Client shall (i)cooperate with EcoEngineers in all matters relating to the Services and provide such access to Client's premises,and such office accommodation and other facilities as may reasonably be requested by EcoEngineers,for the purposes of performing the Services; (ii) respond promptly to any EcoEngineers request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for EcoEngineers to perform Services in accordance with the requirements of this Agreement;(iii) provide such customer materials or information as EcoEngineen may request to carry out the Services in o timely manner and ensure that such customer materials or information are complete and accurate in all material respects;and (iv) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date onwhich the Services are tostart. lClient's Representations. |fEonEngineen' performance nfits obligations under this Agreement is prevented or delayed by any act or omission of Client or its agents,subcontractors,consultants or employees, EcoEngineers shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs,charges or losses sustained or incurred by Client,in each case,to the extent arising directly or indirectly from such prevention or delay. Further, Client represents and warrants to EcoEngineero that all information provided to EcoEngineers in the performance of EcoEngineers'Services shall be complete and accurate 4. Change of Scope. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- www.ecoengineeous Master Service Agreement I September 4, 2018 1 Page 99 Of 116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� (a) If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change tothe other party inwriting. EcoEngineers shall,within areasonable time after such request, provide a written estimate to Client of: (i) the likely time required to implement the change; (ii) any necessary variations to the fees and other charges for the Services arising from the change; (iii)the likely effect of the change on the Services;and (iv)any other impact the change might have on the performance of this Agreement. (b) Promptly after receipt of the written estimate,the parties shall negotiate and agree in writing on the terms of such change (a "Change Order"). Neither party shall be bound by any Change Order unless mutually agreed upon inwriting inaccordance with Section 24. 5. Inspection and Reaection of Nonconforming Goods. (u) Client shall inspect the Goods upon receipt ("Inspection Period"). Client will bedeemed tu have accepted the Goods unless it notifies EcoEngineeo in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by EcoEngineers within thirty (30) days of receipt. "Nonconforming Goods" means only that product provided which is different than identified inClient's SOW.Notwithstanding anything tothe contrary,should EouEngineenberequired tuupdate any Goods or Services resulting from a change in applicable regulations, such modification will be treated as a Change Order. (b) If Client timely notifies EcolEngineers of any Nonconforming Goods, EcolEngineers shall,within ten (10) business days, in its reasonable discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) creditor refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Client in connection therewith. If EcolEngineers exercises its option to replace Nonconforming Goods, EcoEngineensha||' after receiving Client's shipment ofNonconforming Goods, deliver to Client, at Client's expense and risk ofloss,the replaced Goods tnthe Delivery Point. (c) Client acknowledges and agrees that the remedies set forth in Section 8 are Client's exclusive remedies for the delivery nfNonconforming Goods. 6. Price. (a) C|ientshaUpuohasetheGnndsand5epviuesfromEcoEngineeoatthephce(the^Price^)setforth in the SOW, and contingent upon the conditions as provided therein. Any such Goods and Services not specifically set forth in the SOW shall be billed by EcoEngineerstoClient on a time and materials basis, based on those prices and rates asineffect osofthe date ofthe SOW. (b) Client agrees to reimburse EcoEngineeofor all reasonable travel and out-of-pocket expenses incurred by EcoEngineprx in connection with the performance of the Sen/ices, calculated to equal the sum of: the actual cost times ten percent(10%). (c) All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed byany Governmental Authority on any amounts payable by Client. Client shall be responsible for all such charges,costs and taxes;provided,that,Client shall not be responsible for any taxes imposed on, or with respect to, EcoEngineen' income, revenues, gross receipts, personnel or real or personal property or other assets. 7. Payment Terms. (u) Client shall pay all invoiced amounts due tu EcoEnginoenwithin thirty(3O) days from the date of EcoEngineers'invoice,unless otherwise provided in the SOW.Clients may also be billed prior to the commencement www.ecoengineeous Master Service Agreement I September 4, 2018 Z Page 100 Of 116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� of services, depending on the Goods and Services provided and as may be required in the SOW. Client shall make all payments hereunder bywire transfer orcheck and in US dollars. (b) Client shall pay interest on all late payments at the lesser of the rate of 1.5Y6 per month or the highest rate permissible under applicable |av4 calculated daily and compounded monthly. Client shall reimburse EcoEngineers for all costs incurred in collecting any late payments,including,without limitation,attorneys'fees,and shall be charged a thirty dollar ($30) fee for each check returned for non'sufficientfunds by the Client bank. In addition to all other remedies available under these Terms or at law (which EcoEngineers does not waive by the exercise of any rights hereunder), EcnEngineers shall be entitled to suspend the delivery of any Goods or performance ofany Services ifClient fails to pay any amounts when due hereunder and such failure continues for fifteen(15)days following written notice thereof. Client shall not withhold payment of any amounts due and payable by reason of any set-off ofany claim or dispute with EcoEngineens, whether relating to EcoEngineen' breach, bankruptcy orotherwise. (c) As collateral security for the payment of the Price of the Goods,Client hereby grants to the Seller, a lien on and security interest in and to all of the right, tide and interest of Client in, to and under the Goods, wherever located,and whether now existing or hereafter arising or acquired from time to time,and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. 8. Limited Warranty. (a) EcoEngineen warrants to Client that it shall provide any Goods and perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. (b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 0(o) ECDEmG|0EERS ;WAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (d) WARRANTY AGAINST INFRINGEMENT OFINTELLECTUAL PROPERTY RIGHTS OFATHIRD PARTY;WHETHER EXPRESS ORIMPLIED QYLAW, COURSE OFDEALING,COURSE OFPERFORMANCE,USAGE OFTRADE OR OTHERWISE. (c) FOR THE AVOIDANCE OF 0QU87, ECOENG|NEERS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (6) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (6) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS DR |PWPL|EQ BY LAN, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (d) EcoEngineers shall not be liable for a breach of the warranties set forth in Section 8(a) unless: (i) Client gives written notice of the defective Goods or Services, as the case may be, reasonably described, to EcoEngineers within ten (10) days of the time when Client discovers or ought to have discovered the defect; (ii) if applicable, EcoEngineers is given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 8(a)to examine such Goods and Client(if requested to do so by EcoEngineers) returns such Goods to EcoEngineers' place of business at EcoEngineers' cost for the examination to take place there; and (iii) EcoEngineers reasonably verifies Client's claim that the Goods or Services are defective. (e) EcoEngineers shall not be liable for a breach of the warranty set forth in Section 8(a) if: (i) Client makes any further use of such Goods or Services after giving such notice; (ii)the defect arises because Client failed to follow EcoEngineers' oral or written instructions as to the Goods orServices; or (iii) Client alters or repairs such Goods orServices without the prior written consent ofEcoEngineers. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- vvww.ecoengineeo.us Master Service Agreement I September 4, 2018 3 Page 101 Of 116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (f) Subject tnSection 8(e) above,with respect to any Services subject to a claim under the warranty set forth in Section 8(a), EooEngineers shall, in its sole discretion, (i) repair or re-perform the applicable Goods or Services or(ii)credit or refund the price of such Goods or Services at the pro rata contract rate. (g) THE REMEDIES SET FORTH|NSECTION 8(f)SHALL BETHE CLIENT'S SOLE AND EXCLUSIVE REMEDY AND ECOENGINEERS' ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 8(a), RESPECTIVELY. 9. Limitation of Liability. (u) IN NO EVENT SHALL ECOENGINEERS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT DR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL,INDIRECT,INCIDENTAL,SPECIAL,EXEMPLARY,ORPUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OFWHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ECOENG|NEERSHAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES,AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b) IN NO EVENT SHALL ECOENG|NEERS' AGGREGATE LIABILITY ARISING OUT OFOR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) g0OTHERWISE, EXCEED THE TOTAL OFTHE AMOUNTS PAID TOECOENG|NEER5FOR THE GOODS AND SERVICES SOLD HEREUNDER. The limitation of liability set forth herein shall not apply to (i) liability resulting from EcoE ngi neers'gross negligence or willful misconduct and(ii)death or bodily injury resulting from EcoEngineers' acts oromissions. 10. Insurance. During the term of this Agreement and for a period of twelve (12) months thereafter, each party shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability (including product liability) for an amount that is reasonable based on industry standards with financially sound and reputable insurers. Upon EcoEngineerx' request' Client shall provide EcoEngineersvxith a certificate ofinsurance from Client's insurer evidencing the insurance coverage specified in these Terms. Client shall provide EcoEngineero with thirty (30) days' advance written notice in the event of a cancellation or material change in Client's insurance policy. Except where prohibited by |avv' Client shall require its insurer to waive all rights of subrogation against EcoEn0ineers' insurers and EcoEngineers. 11. Compliance with Law. Client shall comply with all applicable laws, regulations and ordinances. Client shall maintain in effect all the licenses,permissions,authorizations,consents and permits that it needs to carry out its obligations under this Agreement. 12. Termination. In addition to any remedies that may be provided under these Terms, either party may terminate this Agreement with immediate effect upon thirty (hO) day prior written notice tothe other party. EcoEngineers may terminate Clients Quality Assurance Program status' effective immediately upon written notice to Client. 13. Waiver. No waiver by EcnEngineers of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by EcoEngineers. Nofailure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof orthe exercise ofany other right, remedy, power orprivilege. 14. Intellectual Property. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- www.ecoengineeous Master Service Agreement I September 4, 2018 4 Page 102 Of 116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� (a) All intellectual property rights' including copyrights, patents' patent disclosures and inventions (whether patentable or not),trademarks service marks,trade secrets,know-how and other confidential information, trade dress,trade names, logos, corporate names and domain names, together with all of the goodwill associated 1herevvith,derivativevvorksandaUotherrights(coUecLive|y,"|nteUectua|PropertyRights")inondtoeUdocuments, work product and other materials that are delivered to Client under this Agreement or prepared by or on behalf of EcoEnginenm in the course ofperforming the Services(coUective|y\the "Deliverables") except for any Confidential Information of Client or client materials shall be owned by EcoEngineers. EcolEngineers hereby grants Client a license 1ouseaU |nteUecLua| PrmpertyRightsfreeofadditiona|chargeandonannn'exdusive'vvor|dwide'non-trandenab|e' non'sub|icenseab|e'fully paid'up' royalty-free and perpetual basis tothe extent necessary to enable Client to make reasonable use ofthe Deliverables and the Services. (b) Access toany such third party intellectual property, including any web-based software systems, which may bespecifically included in the Services to be provided byEcoEngineers pursuant tothe SOW, maybe conditionedupontheC|ienttoenteringintoanadditiona||icensingageementwithEcoEngineers(the^8ubUcense^). The Sublicense shall beprovided separately toClient byEcoEngineeo. 15. Confidential Information.All non'pub|ic,confidential or proprietary information of party hereto a ("disclosing party"), including but not limited to, specifications, samples, patterns' designs, plans, drawings, documents,data, business operations,customer lists, pricing,discounts or rebates,disclosed by the disclosing party to the other party hereto, whether disclosed orally or disclosed or accessed in written, electronic orother form or media, and whether ornot marked, designated or otherwise identified as "confidential" in connection with this Agreement is confidential,solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by the disclosing party in writing. Upon the disclosing party's request,the receiving party shall promptly return all documents and other materials received from the disclosing party.The disclosing party shall be entitled toinjunctive relief for any violation of this Section 15.This Section 15 does not apply to information that is: (a) in the public domain; (b) known to the receiving party at the time of disclosure; or(c) rightfully obtained by the receiving party on a non-confidential basis from a third party. 16. The EcoEngineersshaU not be liable orresponsible 1mClient, nor be deemed to have defaulted or beached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and tuthe extent such failure ordelay iscaused byorresults from acts orcircumstances beyond the reasonable control of EcoEngineers including,without limitation,acts of God,flood,fire,earthquake,explosion, governmental actions,war, invasion or hostilities (whether war is declared or not)'terrorist threats or acts, riot' or other civil unrest, national emergency' revolution, insurrection, epidemic' lockouts, strikes or other labor disputes (whether or not relating toeither party's workforce),orrestraints ordelays affecting carriers nrinability ordelay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 17. Assignment. Neither party shall assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other party,such consent not to be unreasonably withheld.Any purported assignment or delegation in violation of this Section 17 is null and void. EcoEngineers may delegate any of its obligations under this Agreement without the prior written consent of Client. No assignment or delegation relieves Client ofany nfits obligations under this Agreement. 18. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 19. Third-Party Beneficiaries.This Agreement isfor the sole benefit ofthe parties hereto and their respective successors and permitted assigns and nothing herein' express orimplied, is intended toorshall confer upon any other person orentity any legal or equitable right benefit or remedy of any nature whatsoever under or byreason ofthese Terms. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- vvww.ecoengineeo.us Master Service Agreement I September 4, 2018 S Page 103Of116 ° W��0���~ ������—&K—�N��������*�� n " ~�~~�~��~~�~° °��°° °~�~�~ " �� 20. . A|| matters arising out oforrelating tothis Agreement are governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction)that would cause the application of the laws ofany jurisdiction other than those ofthe State ofIowa. Any legal suit, action orproceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Iowa in each case located in the City of Des Moines and County of Polk, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit,action or proceeding. 21. Notices. All notices' requests' consents' claims, demands' waivers and other communications hereunder(each'a ~Notice'') shall be in writing and addressed to the parties at the addresses set forth onthe face of the SOW or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre'paid), e-mail (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement,a Notice is effective only(a)upon receipt of the receiving party,and (b) if the party giving the Notice has complied with the requirements of this Section. 22. Severability. |fany term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction' such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 23. Survival. Provisions nfthese Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions:Insurance,Compliance with Laws,Intellectual Property,Confidential Information,Governing Law;Venue, and Survival. 24. Amendment and Modification.These Terms may only beamended ormodified inawriting stating specifically that it amends these Terms and is signed by an authorized representative of each party. Attorney's25. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to the Agreement the prevailing party shall be entitled to recover its reasonable attorneys'fees and court costs from the non-prevailing | party. 26. Unit Rates. The following unit rates will apply to Site Audit Mob/Demob and Analytical Fees and any additional work requested byCustomer. Site Audit Mob/Demob and Analytical fees will be billed following the site audit. Description/ Role Unit Unit Price Senior Regulatory Consultant Hour $ 250 Regulatory Consultant 11 Hour $ 200 Regulatory Consultant I Hour $ 130 Project Manager 11 Hour $ 200 Project Manager I Hour $ 130 Life Cycle Analyst (2 hour minimum) Hour $ 350 Compliance Specialist Hour $ 130 Admin/ Data Analyst/Marketing Hour $ 105 Mileage IM i 11 $0.545 Tier III Cities Per Diem - Meals Day $50.00 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- wwvx.ecoengineeous Master Service Agreement I September 4, 2018 6 Page 104Of116 ° ���~ ������—&K—�N��������*�� ~�~~�~��~~�~° °��°° °~�~�~ " �� ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tier 11 Cities Per Diem - Meals Day $75.00 Tier I Cities Per Diem - Meals Day $95.00 Tier III Cities Per Diem - Hotels Day $125.00 Tier 11 Cities Per Diem - Hotels Day $215.00 Tier I Cities Per Diem - Hotels Day $300.00 Per Diem - Rental Car Day $95.00 Other Direct Expense, Printing, Shipping Each Expenses+ 10% Forensic Feedstock Analysis Each $320.00 ASTM 6751 Critical Spec Each $300.00 NOTICE:EcoEngineers is completely independent of the renewable fuel producers it audits and plays no role in their R|N generation process. EcoEn8ineem and its contractors and subcontractors are not owned or operated by any renewable fuel producer or foreign ethanol producer, or any subsidiary or employee of a renewable fuel producer or foreign ethanol producer. EcwEnBinoors is not owned or operated by any obligated party orany subsidiary or employee of an obligated party as defined in 40 CFR 0 80'1406. EcmEngineers does not own, buy, sell, or otherwise trade R|Ns, unless required to maintain a financial assurance mechanism for a Quality Assurance Program(QAP)implemented under QAP Option A pursuant to 40 CFR g8O.1469(a) during the interim period or to replace an invalid R|N pursuant to4OCFR § 8O.14J4. EcoEngineers is entirely free from any interest in any and all QAP Clients'businesses or in the monetary value oftheir R|Ns' ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- vvww.ecoengineeo.us Master Service Agreement I September 4, 2018 7 Page 105Of116 CITY OF WATERLOO Council Communication Resolution approving City/State Funding Agreement for Federal-Aid Swap Funding, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, as part of the Department of Transportation's City Highway Bridge Program, in the amount of$1,000,000, and authorize the Mayor to execute said document. City Council Meeting: 9/10/2018 Prepared: 9/5/2018 REVIEWERS: Department Reviewer Action Date Ei)g4iee6ng Genu, t erin s Approved 9/3/2018 ... p 0.36 AGM t`ped(. Office Evenm, l:.e: nnr Approved 9/3/2018 ... p p-.49 CSM ATTACHMENTS: Description Type Cont 922 tyitState. 1,),und' ng Aj..nxeel-rierlt Cover Memo Resolution approving City/State Funding Agreement for Federal-Aid Swap Funding, in conjunction with the FY 2017 Hammond Avenue Bridge SUBJECT: Replacement Over Sink Creek, Contract No. 922, as part of the Department of Transportation's City Highway Bridge Program, in the amount of 51,000,000, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer Expenditure Required: City would provide an estimated match of 5169,000.00 Source of Funds: Storm Water Fee revenue The project concept includes the construction of multiple pre-cast reinforced box culverts and associated raising and widening of Hammond Avenue and widening and clean-out of Sink Creek from Hammond Avenue to E. Orange Road. Background Information: Based on the estimated total project costs including construction, engineering and inspection and right-of-way acquisition, the City would receive $835,000 in Swap Funding from the DOT and the City would provide an estimated match of$169,000 to totally finance this Bridge Replacement Project. The City's match would come from the Storm Water Fee revenue. Page 106 of 116 June 2018 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR CITY BRIDGE FEDERAL-AID SWAP FUNDING CITY: Waterloo PROJECT NO.: BROS-SWAP-8155(759)--SE-07 AGREEMENT NO.: 2-18-HBP-SWAP-009 This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department), for funding through the Federal-aid Swap City Highway Bridge Program (HBP) under 761 Iowa Administrative Code (IAC) Chapter 161. The parties agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out this agreement. 2. All notices required under this agreement shall be in writing to the Department and the Recipient's contact person. The Department's contact person shall be the District 2 Local Systems Engineer. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following bridge project: A. FHWA Structure Number: 501680 B. Location: Hammond Avenue over Sink Creek C. Preliminary Estimated Total Eligible Costs: $835,000 4. The eligible project construction limits shall include the bridge plus grading and paving to reach a "touchdown point" determined by the Department. Eligible project costs include construction costs. Non-construction costs incurred for engineering, inspection, and right-of-way, may be applied towards the local match for Construction. Certain activities necessary to comply with Federal or State environment or permit requirements, including studies and mitigation of the project's environmental impacts, are also eligible. Costs associated with permitting and studies may be applied towards the local match for Construction. With prior approval of the Department utility relocations, construction of items related to mitigation activities, and Railroad activities that are associated with work inside the eligible project construction limits, but performed outside of the Prime Contractor's contract may be reimbursed as construction costs. 5. Costs associated with work outside the eligible project construction limits, routine maintenance activities, operations, and monitoring expenses are not eligible. In addition, administrative costs, and fees or interest associated with bonds or loans are not eligible. 6. 80% of the eligible construction project costs incurred after the effective date of this agreement shall be paid from Federal-aid Swap funds up to a maximum of$1,000,000.At no time will the reimbursed amount exceed $1,000,000. Non-construction costs related to the development of the construction project may be applied toward the 20% match required for the Recipient. Non-construction costs are identified in paragraph 4. Eligible non- construction costs may be used to decrease the 20% local match for Construction. Any reduction in the 20% local match for Construction will be reimbursable after the Prime Contractor's retainage is paid and the local Construction contract is closed. The maximum amount paid to the Recipient will be the total actual construction cost after non-construction costs are applied to the 20% match or$1,000,000 whichever is less. The Recipient shall pay 100% of the non-eligible project costs. Reimbursed costs will be limited to state funds that are made available to cities through the County and City Bridge Construction Funds outlined in 761 Iowa Administrative Code, Chapter 161 7. The Recipient shall conduct project development and implementation in compliance with applicable laws, ordinances, and administrative rules. For projects which also include Farm-to-Market funds, the Recipient shall follow all administrative and contracting procedures required for Farm-to-Market projects. Page 107 of 116 June 2018 8. The Recipient shall pay for all project costs not reimbursed with City Bridge Program funds. 9. The project shall be let to contract within 3 years of the date this agreement is signed by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 3-year deadline. 10. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 11. This agreement is not assignable without the prior written consent of the Department. 12. It is the intent of both (all) parties that no third party beneficiary be created by this agreement. 13. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient. No representations, promises, or warranties have been made by either party that are not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written acceptance of the Department and the Recipient. Page 108 of 116 June 2018 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block By Date 20 Title of city official I, certify that I am the City Clerk of Waterloo, and that who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of 120 Signed Date 120 City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date 120 Robert A. Welper, P.E. Local Systems Engineer District 2 Page 109 of 116 June 2018 EXHIBIT 1 General Agreement Provisions for use of Federal-aid Swap Funds on Non-primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot..qov/local systems/publications/im/lpa-ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations(CFR)that implement these laws,and the guidance provided in I.M. 1.080,ADA Requirements. When pedestrian facilities are constructed, reconstructed,or altered,the Recipient shall make such facilities compliant with the ADA and Section 504. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2 Programming a The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO,through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the Department's administering office shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. 3. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans,specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. Page 110 of 116 EXHIBIT 1 Page 2 4, Environmental Requirements and other Agreements or Permits. a The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Section 3.1 -- Environmental Reviews and Permits. 5 Right-of-Way, Railroads, and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way. a The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non-Primary Federal-aid Road System" for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department's "Policy for Accommodating and Adjustment of Utilities on the Primary Road System" The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement. a. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. The project plans,specifications, and cost estimate(PS&E)shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. a The Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents and return to Department. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and approved the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. Page 111 of 116 EXHIBIT 1 Page 3 f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice that the Department has concurred in the contract award. 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. The Recipient's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: https://www.iowadot.gov/erl/index.html. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. 8. Reimbursements. a. The Recipient will be initially responsible for all project costs.After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Office, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department.After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any funds received; for example, Federal funds not received through FHWA, any special assessments made by the Recipient(exclusive of any associated interest or penalties)pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of- way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: L in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess)within 60 days of the receipt of any excess funds. Page 112 of 116 EXHIBIT 1 Page 4 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department.Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-aid Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects,the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books,documents, papers,accounting records, reports,and other evidence pertaining to costs incurred for the project. The Recipient shall also make this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department's signature of the Department's Statement of Completion and Final Acceptance of Work(Form 830435) or the Certificate of Completion and Final Acceptance of Agreement Work(Form 640003). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department. Page 113 of 116 CITY OF WATERLOO Council Communication Motion approving Change Order No. 5 for a net increase of$60,386 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 9/10/2018 Prepared: 9/4/2018 REVIEWERS: Department Reviewer Action Date t^c)&ee6ng 1.(MIISOc�I, Jaaniie Approved 9/4/2018 .. -0tl P (' erk Office Evemi, p:,eAni) Approved 9/5/201 �2.01 P ATTACHMENTS: Description Type CCrum 943 t` iaangc Orden No. 5 Coven Menlo Submitted by: Submitted By: Jamie Knutson; PE; Interim City Engineer Recommended Action: Approve change order. Source of Funds: Funds from the Leisure Services budget Background Information: Leisure Services wants to overlay Byrnes Drive through the park from Byrnes Golf Course to Campbell Avenue. Page 114 of 116 CITY OF WATERLOO,IOWA CHANGE or EXTRA WORK ORDER NO. 5 PROJECT:F.Y.2018 ASPHALT OVERLAY PROGRAM CONTRACT NO, 943 Date Prepared: September 4,2018 AMOUNT: 60,386.00 Increase TO: :o,Iric. Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated Agit 8 8,2018, A. Description of change to be made or extra work to be done: 4001 Partial Depth Patch 4002 HMA ST Surface,'/a" Mix,PG 58-28S,75% Crushed,No Friction 4003 Painted Pavement Markings 4004 Traffic Control B. Reason for ordering change or extra work: Leisure Services wants to overlay Brynes Drive through the park from Byrnes Golf Course to Campbell Avenue, C. Settlement for cost of work to be made as follows: 2001 1,350.00 sf x$7.75/sf=10,462.50 2002 400Tan x$119.45/ton=$47,780.00 2003 11.70 sta x$55.00/sta=$643.50 2004 1.00 each x$1,500,00/each=$1,500.00 Total Net Increase $60,386.00 CITY OF WATERLOO BY: Aspro, Inc. Mayor Date CONTRALTO Lmlzez Date ATTEST: PRINTED NAME: M/4)- &JA70 pV Z City Clerk Date TITLE: �A�'Sz APPROVED: 10 City Engineer /Date Page 115 of 11 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net increase of$47,371, for the FY 2017 Northeast Industrial Park Site Grading, Contract No. 926, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 9/10/2018 Prepared: 9/5/2018 REVIEWERS: Department Reviewer Action Date 1^cn&ee6ng fIng)ny, 1" air cy ReJecded 9/5/2018 tl2-09 PM 1^::&a;e6ng lZoss, 'gip rraacpat Approved 9/5/2018 5.22 PM Eq,,4nee6n pppflny, 114aamy Approved 9/5/2018 5:24 PM ATTACHMENTS: Description Type Coirit 926 cpnaA]rnppc° oirdair no I (:"oNleir Memo Submitted by: Submitted By: Jeff Bales,Associate Engineer Recommended Action: Approve change order. Source of Funds: TIF Funds Ditch grading and site stabilization along Martin Luther Ding Jr. Drive. Installation tion of a Hickenbottom inlet on Don Frost's pasture and 8"field tile Background Information: in the northwest corner of the NE Site, including excavation and installation of a rolled erosion control product and related work, and for implementation of a comprehensive Erosion Control Plan to facilitate stabilization of the project site. Page 116 of 116