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HomeMy WebLinkAboutCouncil Packet - 10/8/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 8, 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 94 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of October 1, 2018, Regular Session, as proposed. Proclamation Declaring October 7-13, 2018 as Mental Illness Awareness Week ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving cancellation of assessments for properties on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: 1. TRAVEL REQUESTS a. Sgt. Farmer and Inv. Gergen Class/Meeting: Travel to Dallas for an ongoing investigation. Destination: Dallas, TX Dates: September 24- Amount not to exceed: $1,962.17 26, 2018 b. Sgt. Devine & Inv. Stratton Class/Meeting: Iowa Association for Identification Educational Conference Destination: Johnston, IA Dates: November 7-9, Amount not to exceed: $680.00 2018 Page 2 of 94 C. Chief Treloar and (3) Fire Fighters Class/Meeting: Travel to pick up Engine 311. Destination: Weyauwega, WI Dates: Sometime Amount not to exceed: $460.00 between October 8-19, 2018 2. LIQUOR LICENSES a. The Brown Bottle, 209 W. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 10/21/2019 b. Casey's 218 Pub, 4010-4018 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/30/2019 C. Casey's General Store #2427, 3035 Logan Avenue `Premise Update* B Native Wine to B Wine Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 12/31/2018 d. Casey's General Store #2866, 51 E. Tower Park Drive *Premise Update* B Native Wine to B Wine Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 12/27/2018 e. Casey's General Store #2867, 2424 Ranchero Road *Premise Update* B Native Wine to B Wine Class: B Wine / C Beer New Application Includes Sunday Expiration Date: 12/27/2018 f. Casey's General Store #2879, 3260 University Avenue *Premise Update* B Native Wine to B Wine Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 4/18/2019 g. Casey's General Store #2880, 1604 LaPorte Road *Premise Update* B Native Wine to B Wine Class: B Wine/ C Beer New Application Includes Sunday Expiration Date: 4/18/2019 h. Chilito's Mexican Bar and Grill, 441 E. Tower Park Drive Class: C Liquor w/Outdoor Service Page 3 of 94 Renewal Application Includes Sunday Expiration Date: 8/7/2019 i. Target Store T-1792, 1501 E. San Marnan Drive Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 6/27/2019 j. Walmart Supercenter#1496, 1334 Flammang Drive Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2019 3. Motion to approve Exception to Burning Yard Waste Application by Ryan Kurtz to burn native grass and flowers on .62 acres southside of Orange Elementary School, located at 5805 Kimball Avenue, between September 15 and October 31, when wind conditions are right. Submitted By: Pat Treloar, Chief of Fire Services 4. Cigarette/Tobacco Permit New Application for Logan Avenue Convenience Store, 735 Logan Avenue. PUBLIC HEARINGS 2. Taxable Sewer Revenue Capital Loan Notes - The issuance of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan). 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 instituting proceedings to take additional action for the authorization of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes. Submitted By: Michelle Weidner, Chief Financial Officer 3. 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. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of contract to B&B Builders & Supply of Waterloo, IA in the amount of$206,215.82, and approving the contract, bonds and certificate of insurance for the FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958, and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE,Associate Engineer RESOLUTIONS 4. Resolution approving temporary easement agreements with JDAVIS Properties, LLC at 4020 University Avenue in the amount of $767.00, HFC Investments, LLC at 4021 University Avenue in the amount of$281.69, Casey, Tim Trust at 4010-4018 University Page 4 of 94 Avenue in the amount of$867.90, Hy-Vee, Inc. at 4000 University Avenue in the amount of $997.56, Exceptional Persons, Inc. at 3927 University Avenue in the amount of $825.40, H and B Hawk Club, LLC at 3909 University Avenue in the amount of $360.91, Cone Management, Inc. at 3840 University Avenue in the amount of $1,084.20, Lederman Brothers Property Management Co., LLC at 3821 University Avenue in the amount of $194.04, and Hermansen Properties, LLC at 3811 University Avenue in the amount of $528.00, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. Submitted By:Aric Schroeder, City Planner 5. Resolution approving the assignment of rebates to Gaymond W. Schultz & Cynthia A. Schultz in conjunction with a Development Agreement with Dolly James, LLC, originally approved on January 30, 2012 for the property located at 820-914 Sycamore Street, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving construction plans for sanitary sewer, serving Kenn Dahl First Addition, W. 4th Sanitary Sewer Extension, as submitted by YTT Design Solutions, of Cedar Rapids, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted By: Dennis Gentz, PE,Assistant City Engineer 7. Motion approving final quantity adjustment for a net increase of $82,086.49 for the FY 2012 E. Donald Street Improvements, Contract No. 797, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer 8. Resolution approving Completion of Project and Recommendation of Acceptance of work, for work performed by Stickfort Construction Co., at a total cost of$1,688,332.57, in conjunction with FY 2012 E. Donald Street Improvements, Contract No. 797. Submitted By: Jamie Knutson, PE, Interim City Engineer 9. Resolution approving an Amendment to Development Agreement with Dahlstrom Development, LLC for a new 200,000 square foot warehousing building in the MidPort area by changing the tax rebate schedule from 10 years at 50%to 10 years at 70%, and authorize the Mayor and City Clerk to execute all necessary paperwork. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving an Amendment to the Development Agreement with BCS Properties, LLC for the development of property generally located at the northeast corner of Highway 63 and West Ridgeway Avenue to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving an Amendment to the Development Agreement with BCS Properties, LLC, and GAC Real Estate, LLC, for the development of land generally Page 5 of 94 described as the northeast corner of Highway 63 and West Ridgeway Avenue, to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk said document. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving award of contract to WRH of Amana, Iowa, in the amount of $1,839,380 and approving the contract, bond, and certificate of insurance, in conjunction with the Satellite Wet Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Steve Hoambrecker, WMS Department Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Water Works Board of Trustees meeting minutes of September 19, 2018 on file in the Waterloo City Clerk's office. 2. Communication from the Waterloo Cultural & Arts Department on the notice of the conclusion of employment for Cherie Nelson-Kabba, Event Coordinator, effective September 19, 2018 with recommendation of approval of payout of$487.41 for unused benefits. Page 6 of 94 CITY OF WATERLOO Council Communication Minutes of October 1, 2018, Regular Session, as proposed. City Council Meeting: 10/8/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office fflpgby, N mmey Approved G0/2/2,01 .... 10-33 AM ATTACHMENTS: Description Type Minutes of Octoll)em 1, 2018 Cover Meii/im.o Submitted by: Submitted By: Page 7 of 94 October 1, 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, October 1, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Kent Shankle, Cultural & Arts Director 146571 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 1, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146572 - Juou/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 24, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Proclamation Declaring October 7-13, 2018 as Earth Science Week. Proclamation Declaring October 7-13, 2018 as Fire Prevention Week. ORAL PRESENTATIONS Mr. Schmitt explained that there is an item with a potential legal issue that he forgot to request be added to the agenda prior the agenda approval. Mayor Hart commented that the agenda has already been approved and asked the City Clerk how this would be managed if a problem would arise. Kelley Felchle, City Clerk, explained that it would require an amendment to the development agreement. Mr. Morrissey commented that he is unclear of the matter being discussed. Mayor Hart explained the reason for Mr. Schmitt's request. Mr. Morrissey commented he still has no idea what this matter is about, and that as a council member he is disappointed that he was not made aware of a potential legal issue or a request for an amendment to the agenda. Mayor Hart explained he was not aware that Mr. Schmitt was going to bring up the matter, but wanted to acknowledge the issue. Todd Obadal, 124 Amity Drive, explained that he sent the email last week regarding the grocery store development agreement amendment adding $500,000 of tax payer money to support the development of the grocery store, questioning whether the amendment complies with Iowa Code §403.8(3), and read the section of code. He explained his concerns regarding the agreement and code section and stated that he has had this reviewed and does not believe that the contract is in compliance. He further questioned what part of Iowa Code or court case has determined that the code requirement does not apply to this agreement. October 1, 2018 Page 2 two deer have been killed by the airport and that it has been difficult to get the carcass removed. He asked that a comprehensive traffic study be executed between Waterloo, Cedar Falls, and Black Hawk County to study the movement of deer in the area. He has called regarding a light at the corner of Center and Broadway that turns on and off and has not been able to get it fixed. Sandie Greco, Interim Public Works Director, dead deer on highways are to be picked up by the Iowa DOT and deer on city streets are picked up by animal control but they have to wait until officers are overlapping in hours and a truck is available to pick up the carcass. She noted that they never lay out for more than one day. Mr. Morrissey commented that Wayne Gross passed away. He explained that Mr. Gross was an excellent negotiator for United Auto Workers and that he will miss Mr. Gross. Mrs. Klein commented that citizens should receive an acknowledgement that their email was received. She stated that sometimes union agreements arc lopsided and that when people retire from the city the replacement receives the same wage as the retiree. She stated that she has received numerous phone calls about recent flooding and they are wondering why the city cannot get to the bottom of the problem that has been going on for 20-30 years, and that residents are told by staff that it is because there is no money in the budget. She stated the city should not be negligent and fix these problems rather than building homes on Newell Street. Mayor Hart explained that rain this September has exceeded historical records and nothing at this time shows that the flooding is a result of negligence by the city. Millions of dollars have already been invested in infrastructure and staff has been charged with looking at adding several projects to address this and other concerns for council approval at the next CIP meetings. Mr. Schmitt commented that Craig Shirey of Shirey Concrete passed away this week and noted that he was a great philanthropist and shared the date and time of his funeral. 146573 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146574 - Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 1, 2018, in the amount of$2,739,848.50, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2018-723. 2. Request to certify assessment to 424 Columbia Street in the amount of$2,926.00, for work performed by the Waterloo Water Works, together with recommendation of approval by the «T . 1 TTT . -T 1 T 1 - October 1, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-726. 5. Resolution approving the request of Rylan Timmons for tax exemptions on the construction of a new single family home valued at $353,744 for property located at 1456 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-727. 6. Resolution approving the request of Ryan Wilkinson for tax exemptions on the construction of a new single family dwelling valued at$200,000 for property located at 121 Ogden Avenue, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-728. 7. Resolution approving the request of Shawn Hoosman for tax exemptions on the construction of home improvements valued at $13,000 for a property located at 333 Wendell Court, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-720. 8. Resolution approving the request of Patrisha L. Serfling for tax exemptions on the construction of home improvements valued at $15,000 for a property located at 642 W. Parker Street, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-730. 9. Resolution approving the request of Cam Campbell and Alston Campbell 11 for tax exemptions on the construction of home improvements valued at $35,000 for a property located at 2837 E. 4th Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-731. 10. Resolution approving the request of SBF Investments, LLC for tax exemptions on the construction of improvements for a commercial building valued at $100,000 for a property located at 827 W. 5th Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-732. 11. Resolution approving specifications, bid document, etc. and setting date of bid opening as October 11, 2018 and public hearing as October 15, 2018, in conjunction with the purchase of one (1) 2019 service truck for the Street Department and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-733. 12. Resolution approving specifications, bid document, etc. and setting date of bid opening as October 11, 2018 and public hearing as October 15, 2018, in conjunction with the purchase October 1, 2018 Page 4 Re-certification 2018 b. Sgt. Erie and Ofcrs Defensive Tactics Johnston, IA September $825.00 Berryman, B. Lippert, Instructor Re- 26, 2018 A. Herkelman and B. certification Herkelman c. P.O. Saunders OC (Oleoresin Johnston, IA October 24, $165.00 Capsicum) Spray 2018 Instructor Re- certification d. Elizabeth Andrews, Iowa Museum Cedar Falls, October 8- $225.00 Registrar Association Conference IA 9, 2018 e. Sgt. Hoelscher Firearms Instructor Re- Johnston, IA November $165.00 certification 28, 2018 f. Sgt. Richter Rifle Instructor Re- Johnston, IA November $165.00 certification 29, 2018 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Brown Derby Ballroom, 618 C Liquor Renewal 9/30/2019 x Sycamore Street b. LJ's Neighborhood Grill & C Liquor Renewal 11/5/2019 x Bar, 3550 Kimball Avenue w/Outdoor Service c. Jameson's Public House, 310 C Liquor Renewal 11/2/2019 x E. 4th Street w/Outdoor Service & Catering Privilege 3. Recommendation of appointment of Sonya Snapp, from the Civil Service list, to the position of Animal Control Officer, effective October 2, 2018. 4. Recommendation of appointment of Ethan Moeller, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective October 2, 2018. 5. Recommendation of appointment of Caylin Graham, from the Civil Service list, to the position of Youth Pavilion Manager at the Waterloo Center for the Arts, effective October 2, 2018. Roll call vote-Ayes: Six. Motion carried. RESOLUTIONS 146575 - Schmitt/Amos that"Resolution of support for Red Cedar by committing to working collaboratively with Red Cedar and other Cedar Valley Organizations to develop and implement a long-term strategy that will measurably improve the Cedar Valley's capacity to generate and commercialize new products and technologies",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-735. October 1, 2018 Page 5 that "Resolution approving an Encroachment Agreement request by Jeffrey Streblow, Suellyn Dawson, and Douglas and Ione Abkes to maintain large rocks in City right of way along 1214 Janney Avenue, 1218 Janney Avenue, and 1035 Wilbur Avenue, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-737. 146578 - Morrissey/Amos that"Resolution approving submission of a grant application to Black Hawk Gaming, in the amount of $1,155,595, for the Jefferson Street and Commercial Street streetscaping project", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-738. 146579 - Morrissey/Amos that "Resolution approving Memorandum of Understanding with the City of Cedar Falls for the five- year Consolidated Action Plan as required by the United States Department of Housing and Urban Development in order to maintain the Cedar Falls-Waterloo HOME Consortium and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-739. 146580 - Amos/Morrissey that "Resolution approving application for an Iowa Clean Air Act Program grant to install a traffic adaptive system on Ansborough Avenue between Ridgeway Avenue and Downing Avenue including a $98,250 match of city funds",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-740. 146581 - Amos/Morrissey that "Resolution approving installation of a speed hump located at 816 Wildwood Road", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-741. 146582 - Amos/Morrissey that "Resolution approving an Addendum to the Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $2,300.00, in conjunction with the Westdale Subdivision Swale project, 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. 2018-742. /I TTTTT !'1/IT TA T!'ITT TTT['1 T1.TT(Y(Y October 1, 2018 Page 6 EXECUTIVE SESSION 146584 - Juon/Morrissey that the council adjourn Executive Session at 6:22 p.m. Voice vote-Ayes: Six. Motion carried. City Attorney Dave Zellhoefer stated that discussion of litigation with counsel is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)(c). 146585 - Juon/Amos that the council adjourn Executive Session at 7:15 p.m. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 146586 - Juon/Amos that the Council adjourn at 7:15 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Cleric GTT Of WATERLOO, 1i06WA PROCLAMATION WHEREASs mental health is part of overall health; and one in five adults experience mental illness in a given year and approximately half of chronic mental illness begins by age 14 and three-quarters by age 24; and suicide is the 10th leading cause of death in the United States, the grid leading cause among young adults and 90% of persons who die by suicide have an underlying mental illness; and long delays—sometimes decades—often occur between the time symptoms first appear and when individuals get help; and WHERFAS9 early identification and treatment can make a difference in successful management of mental illness and recovery;and WHEREM9 it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS9 every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help, and WHEREM9 public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW ,v THEIMFOff, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 7- 13,2018, as NIEWAL A' WEEK to shine a light on mental illness and fight stigma, provide support, educate the public and advocate for equal care. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa,to be affixed this 8t!l day of October 2018. CITY OF WATERLOO Council Communication Resolution approving cancellation of assessments for properties on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 10/8/2018 Prepared: 10/2/2018 REVIEWERS: Department Reviewer Action Date (`11erk Office i p ngby, 1" aam�cy Approved G 0/2/2018 ... 10-47 AM ATTACHMENTS: Description Type i-?xh l-)4 A. p:::taac itp:r Materaap Resolution approving cancellation of assessments for properties on Exhibit SUBJECT: A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Cleric Page 15 of 94 EXHIBIT A Weed Parcel Number Address Sewer Storm Garbage Sidewalk Removal 1 8913-22-305-006 624 Dundee Avenue $38.17 $17.88 $57.75 2 8913-25-353-007 608 W. 11th Street $65.44 $13.84 $52.84 3 8913-03-351-010 3244 Wagner Road $342.61 $167.30 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application by Ryan Kurtz to burn native grass and flowers on .62 acres southside of Orange Elementary School, located at 5805 Kimball Avenue, between September 15 and October 31, when wind conditions are right. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date 1 nre R ew etiie Hip I") > N am y Approved 10/3/2018 ... ll l:06 PM Motion to approve Exception to Burning Yard Waste Annlication bfyan SUBJECT: Kurtz to burn native grass and flowers on .62 acres Southside of Orange Elementary School, located at 5805 Kimball Avenue_, between September 15 and October 31, when wind conditions are right. Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 17 of 94 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Logan Avenue Convenience Store, 735 Logan Avenue. City Council Meeting: 10/8/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'pice iflp.a'�y; 1" mmcy Approve(l G0/3/201 ... 12.08 P SUBJECT: Cigarette/Tobacco Permit New Application for Logan Avenue Convenience Store, 735 Logan Avenue. Page 18 of 94 CITY OF WATERLOO Council Communication Taxable Sewer Revenue Capital Loan Notes - The issuance of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan). City Council Meeting: 10/8/2018 Prepared: 10/2/2018 REVIEWERS: Department Reviewer Action Date 1,'nnanee I I ng))y, 1" an cy Approved G 0/4/2018 5.38 PM ATTACHMENTS: Description Type D C.OW161 ('..'otntn "SRF flea6ng Inns,rand 1n1)w Eq1 Conn Covet Mell/no Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments.. Resolution instituting proceedings to take additional action for the authorization of not to exceed 52,300,000 Taxable Sewer Revenue Capital Loan Notes. Submitted by: Submitted By: Michelle Weidner, Chief F inanc ial 0 ffic er Authorize a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with upgrading instrumentation and controls systems Recommended Action: and installing a new Flow Equalization Facility Overflow Connection to Satellite Aeration basins. We plan to continue to use the State of Iowa Revolving Loan Fund for sanitary sewer projects. This loan provides permanent financing for the Instrumentation Upgrade and the Flow Equalization Facility Overflow Connection to Satellite Aeration basins projects. The rate, including fees, will be 2% and the term will be 20 years. Please note that the hearing amount is being set higher than the actual amount Summary Statement: anticipated to be issued to provide flexibility and reduce future administrative costs. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from sewer user fees. Page 19 of 94 Policy Issue: The issuance of Capital Loan Notes commits the City to future repayment. The City could choose not to sell the Capital Loan Notes. However, other Alternative: forms of financing would be more expensive and create financial stress on the Sewer Fund. Page 20 of 94 CITY OF WATERLOO , IOWA CITY CLERKDEPARTMENT KELLEY FELCHLE ® City Clerk MICHELLE WEII)NER,CPA - Chief Financial Of • Council Communication `f-vor City Council Meeting: September 24, 2018 QUENTIN Prepared: September 18, 2018 HART Dept. Head Signature: Michelle Weidner COUNCIL Number of Attachments: None MEMBERS ..... SUBJECT: Sewer Revolving Fund Taxable Revenue Loan Hearing Instrumentation Controls Upgrade Project MARGARET Flow Equalization Facility Overflow Connection Project KLEIN Ward l Submitted by: Michelle Weidner, Chief Financial Officer BRUCE JACOBS Recommended City Council Actions: Turd 2 PATRICK Adopt a resolution fixing the date for the authorization of a loan and disbursement MORRISSEY agreement and the issuance of not to exceed $2,300,000 Sewer Revenue Taxable Ward 3 Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof to fix the date of hearing as October 8, 2018, as follows: .IER0ME AMOS,JR. Summary Statement: The notes will evidence the obligations of the City Ward thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, SHIMP Ms repairing and equipping all or part of the Municipal Sewer System, including those SHTMP Wards costs associated with upgrading instrumentation and controls systems and installing a new Flow Equalization Facility Overflow Connection to the Satellite SHARON Aeration basin. JTJON At-Large Expenditure Required: The principal amount plus interest will be required to be STEVE repaid in the future. Please note that the hearing amount indicated is being set SCHMITT higher than the actual amount we plan to sell. At-Large Source of Funds: Repayment will be made from the Sewer fund, using sewer fees. Policy Issue: The issuance of capital loan notes commits the city to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. Background: The City will use this loan to provide permanent financing for the Instrumentation Controls and Flow Equalization Connection projects. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 21 of 94 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 22 of 94 CITY OF WATERLOO Council Communication FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date �:^nng prnecn'pnng 1CMIIScana, Jan iu e Approved 10/3/201 ... 1.57 AM 1`lIert; Office 1 p nggby, 1" aanncy Approved G 0/.1/201 ... 11 n�0 AM ATTACHMENTS: Description Type 1:.1nc1 'Tab 1:::1ac~kiiip M aterai 1:?rngnrncMcr's Bid .p..,aall-r Baac.� a.iq-) Maaterlaa� Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract; etc. SUBJECT: Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution approving award of contract to B&B Builders & Supply of Waterloo, IA in the amount of$206,215.82, and approving the contract, bonds and certificate of insurance for the FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958, and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 23 of 94 FYI Sidewalk Repair Assessment Program Zone 8, Contract 958 Bid Opening: October 4, 2018 Estimate: $201,567.55 Bidder Bid Security Bid Amount B&B Builders & Supply o 5/o $206,215.82 Waterloo, IA Midwest Concrete Inc. 5% $298,081.05 Peosta, IA Page 24 of 94 m LO 00 0 07 0 07 0 0 o c+ Ln N N lD rJ7 C) C) C7 CS C) C) C) Cry 4 m m w m o 0 o 0 N Ci 0 M to m o to 0 o 0 M o c, to w m �t m -It r� to o 0 w o 0 0) m rrH cr m r c i rri ai C CL u yn err �t �n yr crt +rr v� Lj tr) tri tri tri 0 O C) C) 0 07 0 r n r n o a o o Cx o 0 N try Ci 0 0 O C> 6 C) 6 H H H N t('4 G7 07 C7 H 0) 0) n t!7 w 0 to O B i CL C 0 t/'} u to to m 0 0 a 0 0 07 0 C):: cn tr) rl�: r� C) Ct Ct C1 CJ 4K7 C) Ct tSp pt'„ N N C7 Ln 07 try C7 G cn d C7 Ln -p ,+'` M 0l0 w a1 H cit IN aW` 000 N Lf) 4X„'i lr'I cl c^t u" 4Y"1 tL ca th 03 try tr) Ct 0 00 Ci 0 C) 03 C trt N N LQ C? 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CJ 00 CO Page 25 of 94 CITY OF WATERLOO Council Communication Resolution approving temporary easement agreements with JDAVIS Properties, LLC at 4020 University Avenue in the amount of$767.00, HFC Investments, LLC at 4021 University Avenue in the amount of $281.69, Casey, Tim Trust at 4010-4018 University Avenue in the amount of$867.90, Hy-Vee, Inc. at 4000 University Avenue in the amount of$997.56, Exceptional Persons, Inc. at 3927 University Avenue in the amount of$825.40, H and B Hawk Club, LLC at 3909 University Avenue in the amount of$360.91, Cone Management, Inc. at 3840 University Avenue in the amount of$1,084.20, Lederman Brothers Property Management Co., LLC at 3821 University Avenue in the amount of$194.04, and Hermansen Properties, LLC at 3811 University Avenue in the amount of$528.00, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. City Council Meeting: 10/8/2018 Prepared: 10/1/2018 REVIEWERS: Department Reviewer Action Date 1'Vaarnrrninrng& Zornirn&p; Scpruroeder,Aric Approved 10/3/2018 ... p O;50 AM Clerk: Offi e p cpclfle. p efley Approved 10/3/2018 ... I A3 PM. ATTACHMENTS: Description Type D Sigped Easement. Paircep 103 .11.)AVIS Pmperiies Lla cl uuprr Mate iall L.A.-J-', 4020 L) nnversi y Ave Sijj`Gcxl E s��7rruna�c Parcell �n�D�l. .. I IFC. In�e�awn,1rn� e nlrr4a >I.A C Back uup Maaaeihiaai S�p ed ent 4ip pn �7nr�Fdv�a rrtl4�i y A��aairu uai �i n u.>y I<"inrn G°npuaiu b ��i V�D... 1.3aaclku:ain l"✓zi e riaai D .Tnsement P arcd 107 ... 1 l Vee Food Stores Inc, 4000 Backup Ma l.e6aall p. D S3 g nu d Easement Pared a a a ... Exceptlionnaap plcrsonns pans Backup Maatik-6aap 3927 LJnMrs4y Ave Signed❑ p,p i9pD��unient plrnivcn a yc° �`ep::p ... 11 arnui 13 p paava�� �:`pn:iln Flaaclk up:r Maaberiaall Signed �InnFn s me nt Marcell p p4 Carne Management Inc Baackuaipb ManterW 3840 D �Mnngaupset as t(`n�p T,�rcel p.I 1.1.5<,�ii9y �acirnn-naurrnBros Proll� l�1auckuup Maatenial Signed enPaiclI18 lierrnansenProf:)erbies 13ac{ ur Materiall C tpp pr .nr Resolution approving temporary easement agreements with JDAVIS Properties, LLC at 4020 University Avenue in the amount of$767.00, HFC Investments, LLC at 4021 University Avenue in the amount of$281.69 Casey, Tim Trust at 4010-4018 University Avenue in the amount of$867.90 Hy-Vee, Inc. at 4000 University Avenue in the amount of$997.56 Exceptional Persons, Inc. at 3927 University Avenue in the amount of SUBJECT: $825.40, H and B Hawk Club. LLC at 3909 University Avenue in the amount of$360.91, Cone Management, Inc. at 3840 University Avenue in the Page 26 of 94 amount of$1,084.20. Lederman Brothers Property Management Co., LLC at 3 821 University Avenue in the amount of$194.04, and Hermans en Properties, LLC at 3811 University Avenue in the amount of$528.00. in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The City of Waterloo is preparing to reconstruct the second phase of University Avenue, which involves the need for approximately 20 temporary easements, one permanent easement, and one fee title acquisition needed to complete the project. The offer price was based on 120% on the assessed value of the property, multiplied by 10% for Summary Statement: temporary easements because they are only a temporary(during construction). This transmittal includes 9 temporary easements where the owners have agreed to grant the temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff continues negotiations with remaining property owners where acquisitions are needed for the project. Expenditure Required: $5,906.70 Source of Funds: Transfer of Jurisdiction funds from the State of Iowa Policy Issue: Acquisition for street reconstruction Alternative: N/A Page 27 of 94 B Prepared by:Aric Schroeder.City of Waterloo 715 Mulberty Street Waterloo,lA 50703—(319)291-4366 i. TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, P ,together with a right of ingress and egress thereon, For AVIS roperties LLC �0,n �t I� ��lAy►i S Its: to of NtO � GG ) County } ss. i. Acknowledged before me on `—' by as for JDAVIS Properties LLC. [Seal] Notary ublic DELAINE CORDES A Commission No. 138456 My C,onxn.ExWtG Jan,30,2019 i Page 28 of 94 Prepared by:Aric Schroeder Cily of Waterloo 715 Mulberry,Stree Waterloo IA 50703— 319 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2,Parcel 104,together with a right of ingress and egress thereon. �� -A For C Investments LLC By: Its: S to of ) agALLounty ss. r� q Acknowledged before me on by as s,' for HFC Investments LLC. [Seal] Notary Public tirNeu CHELSE USHER Commission Number 792391 W Commission Expires October 1 2018 Page 29 of 94 Prepared by:Aric Schroeder,City of Waterloo,715 Mulberry Street Waterloo,IA 50703— 319 241-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2,Parcel 105,together with a right of ingress and egress thereon. For Ca ,Tim Trust By: Its: C � State of gIa Gk �-t,iJ 1L County ) ss. Acknowledged before me on [D�f `� by Cl ND6 0 1 ✓Yl C aS�-�- as t'Zi for Casey, Tim Trust. [Seal] Notary Public CINOYJO PAA7TEN mle m Ntanbw 194523 ow Page 30 of 94 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is entered into this October 8, 2018, by and between HY-VEE, INC., an Iowa corporation (f/k/a Hy- Vee Food Stores, Inc.) ("Grantor"), and CITY OF WATERLOO, IOWA, an Iowa municipal corporation ("Grantee"), WITNESSETH: WHEREAS, Grantee desires to obtain a temporary easement from Grantor, for the purpose of reconstruction and related improvements to University Avenue and abutting right of way that are adjacent to Grantor's property at 4000 University Avenue, Waterloo, Iowa, ingress and egress related to said project, and the repair and reconstruction of a portion of Grantor's access point and right of way frontage at Grantor's property(the "Easement Purpose"); and WHEREAS, Grantor has agreed to grant a temporary construction easement to Grantee upon approximately 4,890 sq. ft. of Grantor's property in the area visually depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, Grantor desires to grant a temporary easement over the Easement Area as set forth herein. NOW, THEREFORE, in consideration of $997.56 to be paid by Grantee to Grantor promptly following the full execution of this Agreement, the work to be done by Grantee upon the Easement Area, and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals are incorporated herein by this reference. 2. Subject to the terms set forth in this Agreement, Grantor hereby grants to Grantee, its agents, representatives, and contractors, a temporary construction easement over the Easement Area for the Easement Purpose, as defined herein. This easement shall automatically terminate on the earlier to occur of (a) the completion of the Easement Purpose, as defined herein, and the restoration of Grantor's property to its condition prior to the commencement of construction, or (b) December 31, 2021 ("Expiration Date"). 3. Subject to terms of this Agreement, Grantor shall not interfere or disturb Grantee's construction in furtherance of the Easement Purpose within the Easement Area without written approval of the Grantee or its authorized Representatives. 4. Grantee shall develop plans and specifications (the "Plans") for the access point connecting Grantor's property to University Avenue, which shall be as generally depicted on Exhibit "A." Grantor shall review the Plans received from Grantee and shall promptly provide any comments thereon. Grantor shall not unreasonably withhold, condition or delay its consent to the Plans. Once construction upon the access point has commenced, Grantee must complete construction of the same promptly, and in any event within three months following closure of the access point. Notwithstanding the foregoing, at all times while Grantor's access point on University Avenue is closed for construction, Grantee must ensure that (a) Grantor's access point 1 Page 31 of 94 on Progress Drive, and (b) the intersection of University Ave. and Progress Drive, must both remain open for full access without restrictions. 5. Except as may be caused by the negligent or intentional acts or omissions of Grantor, its employees, agents or its representatives, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor, its employees, agents and representatives harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantee or its employees, agents, contractors and/or representatives. 6. Following completion of Grantee's work in the Easement Area, Grantee shall restore the Easement Area substantially to its condition prior to the commencement of construction work. 7. This Agreement shall not be recorded by Grantee. 8. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the definitions and the context. 9. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the salve agreement. For purposes of executing this Agreement, a facsimile signature shall be as effective as an actual signature. 11. This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Iowa. [SIGNATURES ON FOLLOWING PAGES] 2 Page 32 of 94 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date first above written. GRANTOR: HY-VEE, INC., an Iowa corporation By: Jeffrey Markey, Sr. Vice President By: Nathan Allen, Assistant Secretary Signature Date: GRANTEE: CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk Signature Date: 3 Page 33 of 94 EXHIBIT "A" Visual Depiction of Easement Area r 1 HY VFX FOOD wRM..a Es 1P1 i x r n "'f Mom 40 1 J 9 q �< aam Po)" Mill ryn,///,�.vr/l,:�vw�w�G•✓v/�✓i�iw.� rie/nor iEw✓.0 mlir../.��.! F /r ikrrJ�/��lf i/ii�1%f� il���/11y��fy✓�a,!�11�, r � i y�1 ~jl( 1 / 0 LEGEND, wruC01r-01T'wruwx o_,XMES107 lkr ,,w a PERIA U raw o o y E A,1 N1 urs A .hdOfi OIRP,w CLN.�LkdLENd �,.. . �..... figure University A,venue Reconstruction HY VEE FOOD STORES INC4 �.�i;,,,,,, `r� tl��ru,+vv V�iaivi6u�e2 . bV"anXdttw•6us�o Iwwai�t �;-..�,,., 9��r 4 Page 34 of 94 Prepared by:Aric Schroeder Qy of Waterloo 715 Muffigry Street Waterloo lA 50703—(3.191291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2,Parcel 111,together with a right of ingress and egress thereon. For Exceptional Personis YInc By; Its: VQ.I i o L 6 P i State gf 1 K)���) VCS V rLklCounty ) ss. Acknowledged before me on E�-) —()C)� ) by e aS - for Exceptional Persons Inc. r [Seal] o$IA4 �-:,l-DY J. BREITBACH Notary Public COMMISSION NO.759621 N my coiAMISS ION EXPIRES Page 35 of 94 Prepared by:Aric Schroeder Cily of Waterloo 715 Mulberry Street Waterloo IA 50703— 319 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, Parcel 113,together with a right of ingress and egress thereon. AForanawk Club LLC tat of �! Y ) ounty ) ss. '] t Ackno ledged before o Lr bye Jl �n as for H and B Hawk Club LLC. [Seal] ' 4otaryb c p RKA KALLVK.A,OR7N zp 9 Commission No.762201 * M mi s n E /OWN Page 36 of 94 Prepared by:Aric Schr .edcr.City of Waterloo 715 Mulberry Street.Waterloo.lA 50703—(319, 291 1.43M TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Biack Hawk County,State of Iowa.- See owa:See atiacherd Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, Parcel 114,together with a right of ingress and egress thereon. For ton anagetnent Inc Its: QCeb i i\E. County ss. Acknowledged before a on r by 7b—A( lJ&- 1.66.`('Nf as for Cone Management Inc. [Seal] ""• ROBIN ROM Notary Public tNptatyPublk-SuteofFlalda Aket:ommlislan1GG10821MyComm.F>�1resAug 17,2421 Page 37 of 94 Pre ared by:Aric Schroeder Cily of Waterloo 715 Mulbera Street Waterloo IA 50703- 319 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in contion with improvements related to the University Avenue Reconstruction Project Phase 2, P cel 115, ogether with a rig gress and egress thereon. r Lede a os Pro ge Co LLC B . 0 0 C(W.t1ef1nme-r- Its: 1b1 u"\16�J` t to of 7:1-09 A ) 01 County ) ss. Acknowledged before me on i 1�b I b by V 1 as for Lederman Bros Prop Mnge Co LLC. [Seal] Notary Pubne DENYCE STANFORD NOTARIAL SEAL,IOWA Commission Number 724744 MY Commission Expires: I Page 38 of 94 Pre ared by:Aric Schroeder.Qi1y of Waterloo M Mulberry Street Waterloo IA 50703—019)291-4366 TEMPORARY EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo,Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2,Parcel 118,together with a right of ingress and egress thereon. f For rmansen Properties B Its: State of !Olga ) Riac12lg`Caunty ) ss. Acknowledged before me on S1 by � ') n as � Y for Hermansen Properties LLC. L "` SA HOMF GOMMI5S10N 1V0. Public R R M ����G to SIR Page 39 of 94 CITY OF WATERLOO Council Communication Resolution approving the assignment of rebates to Gaymond W. Schultz& Cynthia A. Schultz in conjunction with a Development Agreement with Dolly James, LLC, originally approved on January 30, 2012 for the property located at 820-914 Sycamore Street, and authorize the Mayor and City Clerk to execute said agreement. City Council Meeting: 10/8/2018 Prepared: 10/2/2018 REVIEWERS: Department Reviewer Action Date F1 hinun'ruig& Zounnr'ig Soil rued rr, Ade Approved 10/3/2018 .... 10-.52 AM t.`Ilerp Office p p }nby, Nmey Approved 10/3/2018 .... 11-.42 , M ATTACHMENTS: Description Type Assigpni.c nt ofira,batc.s Backup p Materiall Resolution approving the assignment of rebates to Gaymond W. Schultz& Cynthia A. Schultz in conjunction with a Development Agreement with Dolly SUBJECT: James, LLC, originally approved on Januar 30, 2012 for the property located at 820-914 Sycamore Street, and authorize the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Resolution approving assignment of rebates The City of Waterloo entered into a Development Agreement with Dolly James, LLC for the development of the property located at 820-914 Sycamore Street. Summary Statement: As a part of that agreement, the developer was given tax rebates for the added value of the project. The property was sold in 2017, and this agreement will allow the new owner to receive the tax rebates. The development agreement states that such assignment is eligible, and this document will work to clarify the City of Waterloo's approval of such assignment. Expenditure Required: No additional funds from previous agreement Source of Funds: NA Policy Issue: Economic Development, policies 1, 3 and 4. Alternative: NA Page 40 of 94 Legal Descriptions: NA Page 41 of 94 1 ASSIGNMENT OF REBATES The undersigned ("Assignor") is party to a development agreement(the "Agreement")with the City of Waterloo, Iowa, concerning the following real property(the "Property"): Address/Parcel ## ' Subject to the terms of the Agreement,Assignor is entitled to property tax rebates in respect of the Property in an amount determined as set forth in the Agreement. Assignor has sold the Property to the Transferee indicated below. In consideration of Transferee's purchase of the Property, Assignor does hereby assign to Transferee all of Assignor's right, title and interest in and to any and all rebates payable in respect of the Property pursuant to the Agreement, effective as to any rebate payable for property taxes that become due and owing after the following date: i 4"'t? [Assinor/seller name—printed] [Tra�/buyername printed] Title:�� m Title ��G��{�-�°` l�tle. Dated: J�P 7 IT Dated: 2' i Page 42 of 94 r Shopping Cart Page 1 of 4 x A � Shopping Cart Clear Shopping Cart ' �. County Details :, nt - - ...... .. BlackHawk `: 891325136008 - SCHULTZ,GAYMOND W- 820 SYCAMORE ST #1 - 2017 CT 917.'00 Remove BlackHawk ' 89:1325136008 - SCHULTZ,GAYMOND W - 820 SYCAMORE ST #1 - 2018 SA ; 1,010.00 I Remove ` BlackHawk 891325136009 - SCHULTZ,GAYMOND W - 820 SYCAMORE ST#2 2017 CT 917.00 Remove ? 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BlackHawk .` 891325.136074 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #7 - 2017 CT 935.00 Remove BlackHawk ' 891325136075 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #8 - 2017 CT 935.00 Remove BlackHawk 891325136076 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #9 - 2017 CT 935.00 Remove BlackHawk 891325136077 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #10 - 2017 CT ` 935.00 Remove BlackHawk 891325136078 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #11 - 2017 CT 935:00 i Remove BlackHawk $913251.36079 - SCHULTZ,GAYMOND W - 914 SYCAMORE ST #12 2017 CT 935.00 Remove Total Payment (before service fee) 67,898.00 . � { I Add More Properties 1 Select Your Method Of Payment 0 Credit Card Credit Cards accepted, Debit cards with the MasterCard or Visa Card logo are processed as . credit cards. You will be redirected to our partner Heartland Payment Systems for final checkout. Service fee will be $1,529.20 0 ECheck Payment with your checking account. 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Proceed to Checkout I. 1 L I S i W3+,u Designed and Maintained by GovTech Services - i Privacy Policy- Terms and Conditions r. https://www.iowatreasurers,org/shoppingeart.php N."ABIdIf 94 i'' CITY OF WATERLOO Council Communication Resolution approving construction plans for sanitary sewer, serving Kenn Dahl First Addition, W. 4th Sanitary Sewer Extension, as submitted by YTT Design Solutions, of Cedar Rapids, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date I:'ai ;'nieernng Krattsoai, Janrr'ne p r)roved 10/3/2018 ... 9;58 AM Glerk (Mice t°ellcllipe, Kefley Approved 10/3/2018 1:45 ➢:'M Resolution approving construction plans for sanitary sewer. serving Kenn Dahl First Addition, W. 4th Sanitary Sewer Extension, as submitted by YT Design Solutions. of Cedar Rapids. Iowa, and a Sewage Treatment SUBJECT: Agreement between the Department of Natural Resources and the City of Waterloo. DNR Form 29 (Nov 00) and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE.Assistant City Engineer Page 46 of 94 CITY OF WATERLOO Council Communication Motion approving final quantity adjustment for a net increase of$82,086.49 for the FY 2012 E. Donald Street Improvements, Contract No. 797, and authorize the Mayor and City Clerk to execute said document.? City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date I:'nig' neer'mng K nLIISOnm, Ian iu e Approved G 0/3/ 018 11.25 AM (.'Ilerk Otr'ince Ilipg") > 114am y Approved 10/3/2018 ... 11.37 AM ATTACHMENTS: Description Type 4 ornt797 Hrnaip Qty,Ad.1'111stlrnernt Covet Memo Ct.wirmt 797 p^�rnanp Qty Sl'lnrnnn:na iry ("oNleir Memo Motion approving final quantity adjustment for a net increase of 582.086.49 SUBJECT: for the FY 2012 E. Donald Street Improvements, Contract No. 797, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in an increase to the total project cost. Federal STP Funds (80%) Source of Funds: Local Option Sales Tax(20% Local Match) Waterloo Water Works Sanitary Sewer General Obligation Bonds Page 47 of 94 CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 9 PROJECT: E. Donald Street Reconstruction Date Prepared: September 28, 2018 AMOUNT: $ 82,086.49 Increase TO: Stickfort Construction, Inc. , 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 May 10, 2012. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As-built quantities varied for bid items, mainly storm sewer items to miss existing utilities in the corridor. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. Total Net Increase $ 82,086.49 CITY OF WATERLOO BY: Stickfort Construction, Inc. Mayor Date CONTRACTOR BY: Date ATTEST: PRINTED NAME: City Clerk Date TITLE: APPROVED: City Engineer Date Page 48 of 94 FINAL QUANTITY SUMMARY E.DONALD STREET RECONSTRUCTION STP-U-8155(714)--70-07 CITY OF WATERLOO,IOWA AECOM PROJECT NO.60269847 REVISED UNIT CONTRACT FINAL QUANTITY EM NC ITEM UNIT COST QUANTITY QUANTITY DIFFERENC 0010 CLEARING AND GRUBBING ACRE $100,000.00 0.02 0.04 D D020 ICLEARING AND GRUBBING I __ UNIT 1$ 12.001 74.81 115.21 _4 0030 1EXCAVATION,CLASS 10,ROADWAY AND BORROW I CY 1$ 5.501 7,629.01 7,701.01 7 0040 1EXCAVATION,CLASS 12 BOULDERS OR ROCK FRAGMENTS. I CY Is 5.001 300.01 25.01 (27 0050 ITOPSOIL FURNISH AND SPREAD I CY Is 10.001 3,544.61 3,544.61 0060 ISPECIAL COMPACTION OF SUBGRADE I STA 1$ 150.00 1 21.11 21.11 0070 IMODIFI.ED SUBBASE(C.O.#9) I CY 1$ 28.501 2,821.01 2,857.01 3 0080 ISHOULDER CONSTRUCTION,.EARTH I __ STA Is 100.00 1 41.71 _ 41.71 0090 ISTANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, I SY 1$ 43.251 10 237.11 10 237.11 1 CLASS C CLASS 3 DURABILITY,9 IN.(C.O.47) I I I 1 1 0100 1PORTLAND CEMENT CONCRETE PAVEMENT SAMPLES I LS 1$ 1,350.001 1.01 1.01 0110 IGRANULAR SURFACING ON ROAD,CLASS B CRUSHED STONE I TON Is 16.001 1,020.01 307.91 (71 0120 IREMOVAL OF CONCRETE FOOTINGS,AS PER PLAN I EACH 1$ 2,000.00 1 1.01 1.01 0130 IREMOVAL OF SIGN I EACH 1$ ...50.00 1 6.01 8.01 0140 1APRONS,CONCRETE,42 IN..DIA. I __ EACH 1$ 2,200.00 1 1.01 1.01 0150 (MANHOLE SANITARY SEWER SW-301,_48 IN. I EACH Is 2,840.001 1.01 2.01 0160IMANHOLESANITARY SEWER,SW-303,.48IN. I EACH......... 1$ 2,950.001 5.01 5.91 ......... 0170 (MANHOLE STORM SEWER SW-401 72 IN. I __ EACH Is 5,910.001 6.01 16.01 __ _1 0180 IMANHOLE STORM SEWER,SW-401 96 IN. I EACH 1$ 9,975.00 1 1.01 1.01 0190 (INTAKE,SW-507....... I EACH......... 1$ 2,650.00 1 1.01 3.01 0200 11NTAKE,SW-508 I __ EACH I$ 2,650.001 2.01 2.01 0210 (INTAKE.SW-508 MODIFIED......_ I EACH......... 1$ 3,050.00 1 2.01 1.01 0220 11NTAKE,SW-510 I EACH......... I$ 2,750.00 1 5.01 3.01 D230 11NTAKE,SW-510 MODIFIED......_ I EACH......... 1$ 3,100.00 1 2.01 2.01 0240 11NTAKE,SW-511 MODIFIED......_ I EACH......... 1$ 2,850.00 1 2.01 2.01 D250IINTAKE.SW-541I EACH......... I$ 2,700.001 7.01 12.01 0260 11NTAKE,SW-541 MODIFIED......_ I EACH......... 1$ 2,700.00 1 5.01 2.01 D270 IINTAKE EXTENSION UNIT,SW-542 I EACH......... Is 900.00 1 13.01 12.01 0280 (INTAKE,SW-545 I EACH......... I$ 3,700.00 1 2.01 0.01 0290 IDROP CONNECTION,SW-307_ I EACH......... Is 2,640.001 3.01 3.01 0300 IMANHOLE ADJUSTMENT,MINOR I EACH......... 1$ 400.001 3.01 3.01 0310 IMANHOLE ADJUSTMENT,MAJOR I EACH......... Is 850.001 2.01 0.01 0320 1CONNECTION TO EXISTING MANHOLE..... I EACH......... 1$ 1,250.00 1 2.01 2.01 0330 1CONNECTION TO EXISTING INTAKE I EACH......... Is 1,500.001 1.01 2.01 0340 ISUBDRAIN,LONGITUDINAL (SHOULDER)4 IN.DIA. I LF 1$ 7.401 3,147.41 3,431.01 28 0350 1SUBDRAIN OUTLET(RF-1 9C) I __ EACH I$ 100.00 1 28.01 40.01 _1 0360 (STORM SEWER GRAVITY MAIN,TRENCHED REINFORCED CONCRETE I LF 1$ 33.00 1 712.01 846.01 13 1 PIPE(RCP),2000D(CLASS.III),15 IN.__. I I I 1 1 0370 (STORM SEWER GRAVITY MAIN,TRENCHED REINFORCED CONCRETE I LF 1$ 53.00 1 224.01 202.01 (2 1 PIPE(RCP),2000D(CLASS 111),30 IN. .... I 1 1 1 1 0380 (STORM SEWER GRAVITY MAIN,TRENCHED REINFORCED CONCRETE I LF 1$ 76.00 1 400.01 390.51 { I PIPE(RCP),2000D(CLASS.III),36 IN.__. I I I 1 1 0390 (STORM SEWER GRAVITY MAIN,TRENCHED REINFORCED CONCRETE LF 1$ 94.00 1 3,096.01 3,180.01 8 ... 1 PIPE(RCP),2000D(CLASS III),42 IN. ... ... I I I 1 0400 IREMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. I LF 1$ 13.001 888.01 1,246.01 35 0410 ISANITARY SEWER GRAVITY MAIN,TRENCHED 8 IN. I LF 1$ 33.00 1 166.81 233.11 6 0420 ISANITARY SEWER GRAVITY MAIN,TRENCHED 12 IN. I LF 1$ 45.001 74.01 0.01 (7 0430 ISANITARY SEWER GRAVITY MAIN,TRENCHED DUCTILE IRON PIPE(DIP),8IN. I LF Is 100.00 1 20.01 20.01 0440 ISANITARY SEWER SERVICE STUB WITH RISER,DUCTILE IRON 6IN. I LF I$ 155.00 1 160.01 148.01 (1 D450 IREMOVE SANITARY SEWER PIPE LESS THAN OR EQUAL TO 36 IN. I LF 1$ 14.001 608.01 608.01 0460 1ENGINEERING FABRIC I SY Is 5.001 64.01 64.01 D470 IREVETMENT CLASS E I TON 1$ 35.001 44.01 30.21 (1 0480 IREMOVAL OF PAVEMENT I __ SY 1$ 5.001 7,834.21 7,834.21 D490 IREMOVAL OF INTAKES AND UTILITY ACCESSES........ I EACH......... 1$ ....300.00 1 18.01 25.01 0500 1REMOVAL OF RECREATIONAL TRAIL I __ SY Is 5.001 706.41 706.41 0510 IRECREATIONAL TRAIL PORTLAND CEMENT CONCRETE,6IN. I SY Is 34.50 1 725.41 725.41 0520 1REMOVAL OF SIDEWALK I SY I$ 5.001 238.61 238.61 0530 (SIDEWALK,P.C.CONCRETE,.4IN.(C.O,#6) 1 __ SY 1$ 36.001 644.01 651.11 0540 (SIDEWALK,P.C.CONCRETE,_6IN. I SY 1$ 38.001 151.51 151.51 0550 IDETECTABLE WARNINGS I SF 1$ .....22.00 1 494.01 514.01 2 0560 1DRIVEWAY,P.C.CONCRETE,.6 IN. I __ SY 1$ 35.20 1 912.21 912.21 0570 1REMOVAL OF PAVED DRIVEWAY I SY Is 5.001 662..11 662.11 0580 ISAFETY CLOSURE I __ EACH Is 100.001 18.01 22.01 0590 1FENCE,.SAFETY...... I LF I$ .....3.001 1,500.01 2500.01 1.00 0600 IREMOVAL AND REINSTALLATION OF FENCE CHAIN LINK I LF 1$ 20.00 1 70.01 120.01 5 0610 IREMOVE AND REINSTALL SIGN AS PER.PLAN I EACH Is 150.00 1 28.01 26.01 { 0620 I WOOD POSTS FOR TYPE A OR B SIGNS,4 IN.X 4 IN. I LF Is 9.00 1 161.01 212.01 5 0630 ITYPEASIGNS,SHEET ALUMINUM I SF Is ..19.001 56.81 56.81 { FINAL QUANTITY SUMMARY E.DONALD STREET RECONSTRUCTION STP-U-8155(714)--70-07 CITY OF WATERLOO,IOWA AECOM PROJECT NO.60269847 REVISED UNIT CONTRACT FINAL QUANTITY EM N ITEM UNITCOST QUANTITY QUANTITY DIFFERENC 8012 IWATER SERVICE RECONNECTION COPPER,1 IN..(C.O.#5) I EACH 1$ 1,550.00 1.0 1.0 8013 IWATER SERVICE LINE COPPER 1 IN.(C.O.#5) 1 LF 1$ 17.001 14.01 14.01 8014 11NTAKE,SW-512.24 IN.(C.O.#5) I EACH......... 1$ 2.350.00 1 1.01 2.01 8015 142 PRECAST RCP ELBOW(C.O.46) I __ EACH Is 1,909.201 1.01 1.01 8016 ICOMBINED CONCRETE SIDEWALK AND RETAINING (C.O.#6) I CY 1$ 770.00 1 10.981 10.981 8017 IMODULAR BLOCK.RETAINING WALL(C.O.#6) I SF 1$ 55.001 86.01 86.01 8018 IPAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR PCC PAVEMENT THICKNESS(BY SCHEDULE)(C.O.#7)1 EACH 1$ 1.00 1 13 282.61 13 282.61 8019 1PERMANENT ROAD CLOSURE,URBAN SI-182(C.O.#7) I EACH 1$ 935.001 1.01 1.01 8020 (ADDITIONAL MOBILIZAITON COST(C.O..#8) 1 LS Is .960.00 1 1.01 1.01 8021 1ADDITIONAL OVERHEAD COST(C.O.#8). 1 LS 1$ 4,230.78 1 1.01 1.01 8022 (STANDBY COST(C.O.#8) I LS 1$ 5,994.671 1.01 1.01 I I I NCkEASE/DECREE, Pay Estimate#1 $ 188,422.99 Original Contract Amo Pay Estimate#2 $ 93,686.02 Change Order Pay Estimate#3 $ 67,140.30 Change Order Pay Estimate#4 $ 174,504.26 Change Order Pay Estimate#5 $ 153,525.02 Change Order Pay Estimate#6 $ 136,752.11 Change Order Pay Estimate#7 $ 125,091.25 Change Order Pay Estimate#8 $ 11,746.61 Change Order Pay Estimate#9 $ 36,120.23 Change Order Pay Estimate#10 $ 25,690.12 Increase/Decrease Change Or Pay Estimate#11 $ 154,099.00 Final Contract Amo Pay Estimate#12 $ 54,934.55 Pay Estimate#13 $ 172,466.03 Pay Estimate#14 $ 143,690.44 Pay Estimate#15 $ 70,430.64 Pay Estimate#16 $ 8,129.30 Pay Estimate#17 $ 2,532.50 Pay Estimate#18 $ 31,062.15 Pay Estimate#19 $ 25,000.00 Pay Estimate#20 $ 11,185.45 Pay Estimate#21 $ 2,123.60 Total All Payments $1,688,332.57 \\USWAT1FP001\Data\Library\work\project\60269847\600_CRS\[Final Quantity Summary.xls]QUANTITY CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of work, for work performed by Stickfort Construction Co., at a total cost of$1,688,332.57, in conjunction with FY 2012 E. Donald Street Improvements, Contract No. 797. City Council Meeting: 10/8/2018 Prepared: 6/20/2018 REVIEWERS: Department Reviewer Action Date p:^naggp'neer'nng 1 niasomm, gcmrmm'ne Approved 10/3/2018 .... 11-25 AM (.`Ilan Office 11 ig by, 114 am mcy Approved 10/3/2018 .... 11-38 AM ATTACHMENTS: Description Type ('mwrnt 797 Final Accep tanrnce 1.xtteir- (.,oveir Me io Resolution approving Completion of Project and Recommendation of SUBJECT: Acceptance of work, for work performed by Stickfort Construction Co., at a total cost of 81,688;332.57, in conjunction with FY 2012 E. Donald Street Improvements, Contract No. 797. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: It is recommended that the project be accepted. Summary Statement: I report that Stickfort Construction Co., has completed the above referenced project in accordance with the plans and specifications. Federal STP Funds (80%) Source of Funds: Local Option Sales Tax(20% Local Match) Waterloo Water Works Sanitary Sewer General Obligation Bonds Page 51 of 94 Ascom 319-232-651 tel sn1Sycamore Street 31ee32o271 fax �L=Com Suite 222 Waterloo,Iowa somo www.aeoom.unm September 28' 2O18 Mr. Jeff Bales City ofWaterloo 715Mulberry Street Waterloo, Iowa 50703 Subject: E. Donald Street Reconstruction STP-U-8155(714)--70-07 AECC2M No. 60269847 Dear Mr. Bales: The above-ref enenoed project has been completed and constructed by the contractor, Stickjod Construction, Inc. in accordance with the plans and specifications completed byAECC)M. The final paperwork for the project, including the final increase/decrease change order and the final pay estimate to release the contractor's retainage has been submitted by email. Construction neoVnd drawings have been completed and submitted previously. We appreciate the cooperation we have received from the City ofWaterloo throughout this.project. Should you have any questions or require additional information, please give mamcall. Yours sincerely, Mark D. Dudbahn' P.E. \\UGVVAT1FP001VJata\Lbmry\wmdhpn4 RG\601_Coneapnndenoe Page 52 Of 94 CITY OF WATERLOO Council Communication Resolution approving an Amendment to Development Agreement with Dahlstrom Development, LLC for a new 200,000 square foot warehousing building in the MidPort area by changing the tax rebate schedule from 10 years at 50% to 10 years at 70%, and authorize the Mayor and City Clerk to execute all necessary paperwork. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date 1°pnannrn ng& Zonm ing Scpiroeider, A.rie Approved 10/3/2018 ... 1O1 4 AM 1.`Ilemk Office Fellcllnpe, Ke ley Approved 10/3/2018 ... 1:44 PM ATTACHMENTS: Description Type Annriendnn.rie-nnt to d. cwt dop pie.nt App?),-e rT.11.ent Ba ckuaipb MateiU Resolution approving an Amendment to Development Agreement with Dahlstrom Development, LLC for a new 200,000 square foot warehousing SUBJECT: building in the MidPort area by changing the tax rebate schedule from 10 years at 50% to 10 years at 70%, and authorize the Mayor and City Clerk to execute all necessarypaperwork. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the resolution for amendment The City of Waterloo recently approved a Development Agreement for a new$8 million industrial building to be built at northwest corner of Wagner Summary Statement: Road and West Airline Highway. That Development Development Agreement Mistakenly approved the project for 10 years at 50% tax rebates. For a project of this size and value, the rebates should be at 10 years at 70% for the project. This amendment will work to correct that portion of agreement. Expenditure Required: None Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The City of Waterloo has worked to try and attract nbew industrial development in and around the airport area. This project is an excellent infill development project on land the City had released from the FAA for Page 53 of 94 Background Information: industrial development. Originally slated as a spec building(as Dahlstrom has previously built two industrial spec buildings in area and sold one and leased up other), there is an active company looking to locate inj this building and bring jobs to area. Legal Descriptions: NA Page 54 of 94 Preparer Information: Christopher S.Wendland, PO Box 596,Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2018, by and between Dahlstrom Real Estate LLC, a/k/a Dahlstrom Development, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 13, 2018 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAX) pertaining to the Property. B. The parties desire to amend the DA and the MAA and to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Company was incorrectly identified in the DA and the MAA as Dahlstrom Real Estate LLC. Said name is hereby stricken from each place that it appears in the DA and the MAA, and "Dahlstrom Development, LLC' is substituted in its place. 2. The first paragraph of Section 9 of the DA is hereby amended to strike the phrase "50% rebate each year" and to substitute in its place the phrase 70% rebate each year." 3. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA, the MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors, transferees and assigns. This Amendment may be Page 55 of 94 Page 2 executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DAHLSTROM DEVELOPMENT, LLC By: By: Quentin Hart, Mayor Brent Dahlstrom, Manager Attest: Kelley Felchle, City Clerk Page 56 of 94 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with BC S Properties, LLC for the development of property generally located at the northeast corner of Highway 63 and West Ridgeway Avenue to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date >[°pnn:nni'n ig& Zonnnr'ig Sd roederr, . .n°pc Approved 10/3/2018 ... 10-.57 AM t.`Iled(. Off-we Fellcllipe, Kenley Approved 10/3/2018 11:40 PM ATTACHMENTS: Description Type Anwridnierit 10 02 t."ove.r Memo Resolution approving an Amendment to the Development Agreement with BCS Properties, LLC for the development of propea generally located at SUBJECT: the northeast corner of Highway 63 and West Ridgeway Avenue to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the resolution for amendment The City of Waterloo has previously approved a Development Agreement with BC S Properties LLC for the development of land generally described as the northwest corner of Highway 63 and West Ridgeway Avenue. This site has severe soil conditions that have required additional rebates to make Summary Statement: the site developable. This amendment document will work to reword the 15 year rebate period to account for some of the projects ready to commence, as the soil work has taken longer to excavate and prepare pad sites for construction than originally anticipated. Expenditure Required: None Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Page 57 of 94 There are several parcels being developed in this area- and it is good to see development finally occurring here. A chunk of the land in this area was used for a dump site in the 1980's, so there are a lot of unknown materials: concrete, railroad ties, garbage, etc., buried on the site to require over- excavation of land, movements and cleaning and replacing of soil types to Background Information: allow construction to commence. The City of Waterloo agreement for rebates on this site have allowed the develpers to move ahead on this site, bearing extra costs as they go, to create new jobs, new taxable value, and nbew investment on a lot that has sat vacant for many years at a high traffic and high visbility intersection in the community. Legal Descriptions: In agreement Page 58 of 94 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone (319)234-5701 AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement (the "Agreement") is entered into as of by and between BCS Properties, L.L.C. ("Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to undertake, or to cause to be undertaken, the financing and construction of one or more buildings and related improvements on property legally described on Exhibit "A" (the "Property"), located in the Martin Road Development Plan Area of the City. C. The parties have previously entered into a certain Development Agreement dated February 20, 2017 and filed as Doc. No. 2018-2763 (the "Original DA"). On the terms set forth in this Agreement, the parties desire to amend and restate the Original DA. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development. Company owns the Property and intends to develop the Property itself or sell it in one or more transactions to one or more third-party developers for construction of buildings for office or commercial use, and related parking, landscape, and other improvements to the building and grounds (the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Improvements and all site preparation and development-related work as contemplated by this Agreement are collectively Page 59 of 94 referred to as the "Project", whether conducted as a single project or as multiple projects undertaken at different times. The parties desire by this Agreement to provide assistance to Company for its investments in assembling the Property and readying it for development by installation of new roads, public infrastructure, and other basic improvements. 2. Water and Sewer. Company or a third-party developer will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 3. Tax Rebates. Provided that the Improvements have been completed as set forth herein, City agrees to rebate property tax (with the exceptions noted below) for a period of up to fifteen (15) years at 95% per year for any taxable value over the value of the applicable Property phase area before the commencement of Improvements. Rebates are payable in respect of a given year only to the extent that general property taxes due and owing for the Property for such year have actually been paid. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate will be forfeited at City's option. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based on the completed value of the Improvements and not a prior year for which the assessment is based solely on the value of the land or on the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. The assessed value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Notwithstanding anything to the contrary in this Section 3, the foregoing rebate program will not extend beyond the statutory sunset date of the economic development urban renewal area and related tax increment finance (TIF) district in which the Property is located, which area will terminate as of June 30, 2036 or June 30, 2037, as applicable depending on the particular urban renewal sub-area in which a given Project is located. The rebate program will terminate concurrently with termination of said urban renewal sub-area. The urban renewal sub-areas and related sunsets are depicted on Exhibit B. 4. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 2 Page 60 of 94 5. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 6. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 7. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 8. Effect on Original DA. The parties intend that this Agreement amend and restate in total and to supersede all terms and provisions of the Original DA. 9. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: 3 Page 61 of 94 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2202 College Street, Cedar Falls, Iowa, 50613, Attention: Brent Dahlstrom. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 10. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 11. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 12. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 13. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 4 Page 62 of 94 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 16. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 17. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 5 Page 63 of 94 CITY OF WATERLOO, IOWA BCS PROPERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: Kelley Felchle, City Clerk 6 Page 64 of 94 EXHIBIT "A" Legal Description of Property PART OF SW 1/4 AND SE 1/4 SEC 33 T 89 R 13 DESC AS BEG AT SW COR OF SW QTR SE QTR TH N1 DEG 52 MIN 25 SEC W 33 FT TO POB TH S 89 DEG 08 MIN 06 SEC W 138.67 FTTHS89DEG 58 MIN 41 SEC 183.39 FTTHN1 DEG 51 MIN 167.55 FT TH S 88 DEG 19 MIN W 139 FTTHS01 DEG 51 MIN E 163.79 FT TH N 89 DEG 59 MIN 43 SEC W 235.61 FTTHN01 DEG 37 MIN 10 SEC 17.02 FT TH S 88 DEG 59 MIN 57 SEC W 176 FTTHN01 DEG 40 MIN 03 SEC W 986.33 FT TH N 89 DEG 50 MIN 32 SEC W 432.77 FT TH N 38 DEG 06 MIN 22 SEC E 359.17 FT TH S 89 DEG 51 MIN 40 SEC E 388.66 FT TH S 89 DEG 51 MIN 44 SEC E 715.26 FT TH N 88 DEG 46 MIN 40 SEC W 296.73 FT TH S 01 DEG 45 MIN 23 SEC E 1291.16 FT TH S 89 DEG 6 MIN 55 SEC W 295.94 FT TO POB EXC VILLAGE WEST SUBDIVISION IN DOC 2016 018534 AND EXC THAT PART LYING E OF THE W LINE OF PAR D IN DOC 2015 012088. (currently identified as parcel no. 8913-33-376-015) and PART OF SW 1/4 SE 1/4 SEC 33 T 89 R 13 DESC AS BEG AT SW CORNER OF SW SE QTR TH N 01 DEG 52 MIN 25 SEC W 33 FT TH N 01 DEG 53 MIN 44 SEC W 624.26 FT TH N 1 DEG 37 MIN 11 SEC W 667.52 TH N 89 DEG 14 MIN E 295.88 FT TH S 01 DEG 45 MIN 23 SEC E 1324.16 FT TH S 89 DEG 06 MIN 56 SEC W 295.88 FT EXC FOR THAT PART LYING IN VILLAGE WEST SUBDIVISION ALSO EXC RD. (currently identified as parcel no. 8913-33-451-005) and Lot 4, Lot 5, and Tract B in Village West Subdivision, City of Waterloo, Iowa. Page 65 of 94 EXHIBIT "B" Urban Renewal Sub-Areas and Sunsets See attached. Page 66 of 94 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with BC S Properties, LLC, and GAC Real Estate, LLC, for the development of land generally described as the northeast corner of Highway 63 and West Ridgeway Avenue, to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk said document. City Council Meeting: 10/8/2018 Prepared: 10/3/2018 REVIEWERS: Department Reviewer Action Date F1pnn:nnn'n�ig& Zonnnr'ig Sd roederr, . .n°pc Approved 10/3/2018 ... 11-01 AM t.`Iled(. Off-we Fellcllipe, Kenley Approved 10/3/2018 ... 1:41 PM ATTACHMENTS: Description Type .nnneridnniennt 10 02 (:A.(" t."ove.r Memo Resolution approving an Amendment to the Development Agreement with BCS Properties. LLC. and GAC Real Estate, LLC; for the development of SUBJECT: land generally described as the northeast corner of Highway 63 and West Ridgeway Avenue, to amend the start of the 15 year period of rebates, and authorize the Mayor and City Clerk said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the resolution for amendment The City of Waterloo has previously approved a Development Agreement with BCS Properties LLC and GAC Real Estate for the development of land generally described as the northwest corner of Highway 63 and West Ridgeway Avenue. This site has severe soil conditions that have required Summary Statement: additional rebates to make the site developable. This amendment document will work to reword the 15 year rebate period to account for some of the projects ready to commence, as the soil work has taken longer to excavate and prepare pad sites for construction than originally anticipated. Expenditure Required: None Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Page 67 of 94 Alternative: Not approve There are several parcels being developed in this area- and it is good to see development finally occurring here. A chunk of the land in this area was used for a dump site in the 1980's, so there are a lot of unknown materials: concrete, railroad ties, garbage, etc., buried on the site to require over- excavation of land, movements and cleaning and replacing of soil types to Background Information: allow construction to commence. The City of Waterloo agreement for rebates on this site have allowed the develpers to move ahead on this site, bearing extra costs as they go, to create new jobs, new taxable value, and nbew investment on a lot that has sat vacant for many years at a high traffic and high visbility intersection in the community. Page 68 of 94 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone (319)234-5701 AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement (the "Agreement") is entered into as of by and between BCS Properties, L.L.C. ("BCS"), GAC Real Estate, L.L.C. ("GAC') (BCS and GAC may be collectively referred to as the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to undertake, or to cause to be undertaken, the financing and construction of a building and related improvements on property legally described on Exhibit "A" (the "Property"), located in the Martin Road Development Plan Area of the City. C. BCS and City have previously entered into a certain Development Agreement dated February 20, 2017 and filed as Doc. No. 2018-2755, which was amended by an Amendment dated November 13, 2017 and filed as Doc. No. 2019-2745 (collectively, the "Original DA"). On the terms set forth in this Agreement, the parties desire to amend and restate the Original DA. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Assembly of Property. GAC currently owns that part of the real property described on Exhibit "A" attached hereto (the "Property") that consists of assessor parcel no. 8913-33-376-012 and BCS currently owns that part of the Property that consists of assessor parcel no. 8913-33-351-007. Page 69 of 94 2. Improvements. Company shall construct one or more new commercial buildings, and related parking and landscaping (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project", whether conducted as a single project or as multiple projects undertaken at different times. 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and the Improvements to be constructed in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. If at any time Company or another developer fails to diligently undertake construction and other activities necessary for completion of a Project, then City may terminate this Agreement following the failure of Company or developer to resume and diligently carry on construction within thirty (30) days following written notice of default from City to Company. 4. Water and Sewer. Company or a third-party developer will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 5. Tax Rebates. Provided that the Improvements have been completed as set forth herein, City agrees to rebate property tax (with the exceptions noted below) for a period of up to fifteen (15) years at 95% per year for any taxable value over the January 1, 2016 value of $334,910 for the Property. Rebates are payable in respect of a given year only to the extent that general property taxes due and owing for the Property for such year have actually been paid. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate will be forfeited at City's option. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based on the completed value of the Improvements and not a prior year for which the assessment is based solely on the value of the land or on the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. The assessed value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Notwithstanding anything to the contrary in this Section 5, the foregoing rebate program will not extend beyond the statutory sunset date of the economic 2 Page 70 of 94 development urban renewal area and related tax increment finance (TIF) district in which the Property is located, which area will terminate as of June 30, 2037. The rebate program will terminate concurrently with termination of said urban renewal sub- area. The urban renewal sub-area and related sunset is depicted on Exhibit B. 6. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, 3 Page 71 of 94 or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 10. Effect on Original DA. The parties intend that this Agreement amend and restate in total and to supersede all terms and provisions of the Original DA. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2202 College Street, Cedar Falls, Iowa, 50613, Attention: Brent Dahlstrom. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue 4 Page 72 of 94 in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 5 Page 73 of 94 CITY OF WATERLOO, IOWA BCS PROPERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: GAC REAL ESTATE, L.L.C. Kelley Felchle, City Clerk By: George Cooley, Managing Member 6 Page 74 of 94 EXHIBIT "A" Legal Description of Property Parcel 8913-33-351-007 (BCS): UNPLATTED WATERLOO WEST THAT PART OF SW 1/4 SW 1/4 SEC 33 T 89 R 13 LYING SELY AND ELY OF US HWY 63 EXC S 50 FT CONVEYED TO CITY OF WATERLOO FOR STREETS & EXC THAT PART DEEDED TO CITY OF WATERLOO B 557 P 80 Parcel 8913-33-376-012 (GAC): A PARCEL OF LAND IN THE SE QTR OF THE SW QTR OF SEC 33 T 89 R 13 DESC AS FOL: BEG AT THE INTERSECTION OF THE W LINE OF SAID SE SW WITH THE SELY RIGHT OF WAY LINE OF US HWY 63 TH S 89 DEG 50 MIN 15 SEC E 432.65 FT TH S 1 DEG 40 MIN 30 SEC E 986.4 FT TO A PT ON THE N LINE OF RIDGEWAY AVE TH S 90 DEG 00 MIN W ALONG THE N LINE OF RIDGEWAY AV TO THE W LINE OF SAID SE SW TH N 0 DEG 43 MIN 15 SEC W 985.97 FT TO PT OF BEG. Page 75 of 94 EXHIBIT "B" Urban Renewal Sub-Areas and Sunsets See attached. Page 76 of 94 CITY OF WATERLOO Council Communication Resolution approving award of contract to WRH ofAmana, Iowa, in the amount of$1,839,380 and approving the contract,bond, and certificate of insurance, in conjunction with the Satellite Wet Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 10/8/2018 Prepared: 10/4/2018 REVIEWERS: Department Reviewer Action Date /quarte l aana:gu:rneint p loa tribrrecker, Steven Approved 10/4/2018 ... p p,�3 AM t.`Ilc p Office p p igi)y Na my Approved 10/5/2018 ... -51 P ATTACHMENTS: Description Type Wet Wed Badwpr Maateriaull Bi(1 '1'a,ib Backup l aateriaull Resolution approving award of contract to WRH of Amana; Iowa, in the SUBJECT• amount of$1,839,380 and approving the contract, bond, and certificate of • insurance, in conjunction with the Satellite Wet Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Steve Hoambrecker, WMS Department Director Approve recommendation of award of contract to WRH Inc. ofAmana, IA Recommended Action: for the Wet Well Rehabilitation in the amount of$1,839,380.00 be received, placed on file and adopted. Expenditure Required: $1,839,380.00 Source of Funds: Sewer Funds Page 77 of 94 Letter of Transmittal ACOM DATE: October 4, 2018 JOB ID NO. 60488465 TO: WRH, Inc. ATTENTION: PO Box 256 RE: Satellite Wet Well Rehabilitation Amana, Iowa 52203 Contract No. 907 Waterloo, Iowa WE ARE SENDING YOU: ❑ Attached ❑ Prints ❑ Under Separate Cover Via the following items: ❑ Shop Drawings ❑ Change Order ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ 0 Contracts/Bonds Sent Via Email COPIES DATE NO. DESCRIPTION 1 PDF- Contract 1 PDF- Performance Bond 1 PDF- Payment Bond THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ Approved as Submitted ❑ Resubmit Copies for Approval ❑ For Your Use ❑ Approved as Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned ❑ Return Corrected Prints ❑ For Review and ❑x For Your Signature Comment ❑ For Bids Due 20 ❑ Prints Returned After Loan to Us REMARKS: In regard to the above-referenced pdf files you received via email for the Satellite Wet Well Rehabilitation project, please print out four(4)copies of each document, fill out and sign all copies of each document with blue ink, and return all four(4) sets of wet-signed documents to AECOM. Per city requirements,these documents and their copies all need to be original wet-signed documents--- no color copies please. When you return these four(4)sets to AECOM, please include a Certificate of Insurance as well. Once we obtain the Mayor's signature, a fully-executed copy will be provided for your files. Please do not insert the date as it will be inserted by the Mayor on the date he executes the documents. In addition, please scan one signed copy of each of the three documents and the Certificate of Insurance and send via email to me at ross.hillsman(o)aecom.com . If you have any questions, please let me know. Thank you. COPY TO: SIGNED: RAH:bIc Ross A. Hillsman, PE If enclosures are not as noted,kindly notify us at once. 501 Sycamore Street,Suite 222 • P.O.Box 1497 Waterloo, Iowa 50704-1497 • (319)232-6531 Fax: (319)232-0271 Page 78 of 94 Revised Per Addendum#1,Paragraph III-9/11/2018 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF SATELLITE WET WELL REHABILITATION CITY OF WATERLOO, IOWA CONTRACT NO. 907 This contract made and entered into this day of 2018, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and WRH, Inc., of Amana, Iowa (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the SATELLITE WET WELL REHABILITATION, CONTRACT NO. 907, and furnish all necessary tools, equipment, materials and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10)working days after receipt of "Notice to Proceed" and complete it on or before October 1, 2019, unless an extension of time is granted in writing by the Council of the City. Maximum Allowed Time Site Out of Service Start Date Completion Date Satellite Wet Well 35 Consecutive Calendar Das July 1,2019 October 1,2019 Sludge Transfer Wet Well 6 Consecutive Calendar Days November 1,2018 November 30,2018 Anaerobic Lagoon Raw 20 Consecutive Calendar Days July 1, 2019 October 1, 2019 Wastewater Lift Station Miscellaneous Piping Not Applicable Jul 1, 2019 October 1, 2019 Contractor shall coordinate actual dates of construction with the Owner within the timeframe listed to complete the work. FORM OF CONTRACT CONTRACT NO.907 PAGE C-1 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rghpbillii atic/y, of 94 Revised Per Addendum#1,Paragraph III-9/11/2018 PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, FORM OF CONTRACT CONTRACT NO.907 PAGE C-2 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rebabillii ati apty, of 94 Revised Per Addendum#1,Paragraph III-9/11/2018 and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal,which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100%surety bond is required is$1,839,380.00. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond,"and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT CONTRACT NO.907 PAGE C-3 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rghpbgetig,1 of 94 Revised Per Addendum#1,Paragraph III-9/11/2018 CITY OF WATERLOO, IOWA Mayor City Clerk WRH, INC. Contractor By: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of 2018. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO.907 PAGE C-4 of 4 AECOM#60488465-8/2018 Satellite Wet Well Rebabillii ati apfl, of 94 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the"Principal"), and of (the"Surety'), are held and firmly bound unto the City of Waterloo, Iowa (the"Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States,for the payment of said sum in connection with a contract(the"Contract")dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND CONTRACT NO.907 Page PFB-1 of 2 AECOM#60488465-8/2018 Satellite Wet Well Rebabillii ati Page ptl, of 94 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF,the undersigned Principal and Surety have executed this Performance Bond as of_ PRINCIPAL SURETY Name Name By: By: Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND CONTRACT NO.907 Page PFB-2 of 2 AECOM#60488465-8/2018 Satellite Wet Well Rehabillii ati Page pn4 of 94 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that WRH, Inc. (Name of Contractor) PO Box 256, Amana, Iowa 52203 (Address of Contractor) a hereinafter called Principal, and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2018, a copy of which is hereto attached and made a part hereof for the construction of: SATELLITE WET WELL REHABILITATION WATERLOO, IOWA CONTRACT NO. 907 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be PAYMENT BOND CONTRACT NO.907 Page PB-1 of 2 AECOM#60488465-8/2018 Satellite Wet Well Rehabilitation Page 85 of 94 performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of which shall (number) be deemed an original, this the day of 12018. ATTEST: Principal (Principal) Secretary (SEAL) By (s) (Address) Witness as to Principal (Address) Surety ATTEST: By Attorney-in-Fac Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the State where the project is located. PAYMENT BOND CONTRACT NO.907 Page PB-2 of 2 AECOM#60488465-8/2018 Satellite Wet Well Rehabilitation Page 86 of 94 AECOM 319-232- 1 tel AECOM 501 Sycamore Street 319-232-0270271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com October 3, 2018 Mr. Steve Hoambrecker, P.E. Director Waste Management Services Department 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Satellite Wet Well Rehabilitation City of Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Hoambrecker: On Thursday, September 13, 2018, bids for the above-mentioned project were received and opened. A total of one (1) bid was submitted. The following table details the bid received: Bidder Base Bid WRH, Inc. $1,839,380.00 The overall project includes the following four components: 1. Anaerobic Lagoon Wet Well 2. Satellite Wet Well 3. Sludge Transfer Wet Well 4. Miscellaneous Piping Coating The engineer's estimate for this project was $1,500,000. The only bid submitted was from WRH, Inc. The following items detail, in part, the high cost of the project: 1. Bypass pumping is required to bring the structures (satellite wet well and anaerobic lagoon influent pump station)out of service and to isolate them for repairs. The cost for bypass pumping was significantly higher than what was estimated. Bypass pumping costs may be reduced via making changes to the collection system and by potentially changing construction sequencing. If the contract is awarded, AECOM will work with the City and contractor to possibly implement some of these changes to reduce bypass pumping costs. 2. As it was not possible to inspect the structures during design (inspecting would have required taking the structures out of service), the project was bid assuming all structures needed exhaustive repairs. The structures MAY not require extensive repairs; since the bid was developed using unit costs, the actual cost of the project may be lower than the bid cost, dependent on the condition of the structures. The final cost will be determined based on actual quantities. Page 87 of 94 Mr. Steve Well Rehabilitation PE AECOM Satellite Wet Well Rehabilitation October 3,2018 Page 2 The City is planning to clean one of its digesters (Digester#3) during November 2018; this allows the City the flexibility of storing additional sludge while the repairs take place at the sludge transfer wet well. Without this cleaning taking place, the costs for storing sludge (during the repairs) could be increased. Proper timing is, therefore, preferred for the cost-effective rehabilitation of the sludge transfer wet well. AECOM contacted other potential bidders to determine the reasons for lack of interest in bidding this project. The primary reason appears to be the unique and specialized work involved in this project (particularly the lining system). Given the nature of the project, rebidding the project could potentially lead to a similar result. In light of the items listed above, we recommend that the Council award this project to WRH, Inc. Please let us know if you have any questions or comments regarding the contents of this letter and/or the enclosures it contains. Yours sincerely, Ross Hillsman, P.E. ross.hil Isman(cbaecom.com Enclosures: Bid Tabulation PA60488465\300_Communications\2018-10-3-Satellite Wet Well-BidAward rev 4(2)(BC).docx Page 88 of 94 O I- O M r LO M O M M M LO LO C 00 c0 O f- O co 00 N LO u _ T- 00 N 00 C O N N m Cl � r L O p E (n cn0QLLLLc) a co coJ � U- U- cnacnaa v) J 'LL O ' J -i —i � co -i W -i i U) J J W J W W -i c _ 4-& J U U U H J J W F- LU LU LU J a� = V G> O w LU0 LLLU �' C9 W cn Cl) J �_ Z m J m Z W ~ O H W LU LU Q N H D Q J Z Z a W J Q Z Z W CCLu z0LU L O U C Z W Z Q J J Q J J CL - z 0 Q az Q ozF_ O � � c � � U) Co aJz_ a Z — z < z0 Jz ~ a ew wQ _j z F 0Of O Li0O2a � O _ QAC] QWZwowz I--- a U z 1: o,- U z = Ua222 — 0C C za0GrLu J z_ a _OocWZJJWw � ao � L Z CLW ~ N � � a CLWHN � aaaCCQJ W ~ NC 0 � � LLJ Z) � aw � JLL00ZCLa � w � < X09OC m w Z � 0 coM _N U) C) cnUZofHJ � � � � Z C) _J cna � � Ua � cna � � UU = — a ~ � C QLLDaD W QLLUW LLOQ - m CL CCOwH CL CIC0D- z � � U � H CC0 c O � D � ED 2= < � D � LLI (o D - Qa D � WF 2 mc� 00� wCLC� mw (DQC 0 , mm220cn (Dor- a yNM � � CDI� 00 � 0 — NM � U-) C.0 0a7 C) CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of September 19, 2018 on file in the Waterloo City Clerk's office. City Council Meeting: 10/8/2018 Prepared: 9/27/2018 REVIEWERS: Department Reviewer Action Date W'at.>rr Works Mahler, Mad. pp)roved 9/26/.'018 2:49 PM i.`11erk Oi%ince i p pp") > 114am y p)roved 10/2/2018 ... 1012 M ATTACHMENTS: Description Type D 1..,p�,GAI— N(.)"1'1(-'E OF MINL p ES l,(..)R t.:,t91JIZI ➢Z Covet vet Menlo i el)te.n.i.berr-201 SUBJECT: Waterloo Water Works Board of Trustees meeting minutes of September 19, 2018 on file in the Waterloo Citv Clerk's office. Submitted by: Submitted By: Matt Mahler, General Manager Page 90 of 94 Board of Water Works Trustees held their regular meeting on Wednesday, September 19, 2018, with Mary Potter, Chair; Scott Wienands, Vice- Chair; and Ron G. Welper, Trustee; present. Also in attendance: Bruce Jacobs, City Council Liaison; Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of August 15, 2018; the revised July 2018 Monthly Financial Report; the August Monthly Financial Report; the August 2018 Revenue and Expense Summary; a resolution to cause $2,926.00 for service line repair to be assessed to the property taxes of 424 Columbia Street; a resolution to approve completion and acceptance of work for the U.S. Highway 63 Water Main Replacement— From Conger Street/Newell Street to Donald Street Project, including quantity adjustment change order, and to authorize final payment; a resolution to approve completion and acceptance of work for the West Shaulis Road Water Main Extension Project, including quantity adjustment change order, and to authorize final payment; a resolution to approve Joseph W. Bauler and Teresa E. Bauler easement agreement; a resolution to approve to decline renegotiation of AT&T leases on water towers; a motion to receive and file the first proposal from Teamsters Local #238 to the Board of Trustees and the first proposal from the Board of Trustees to Teamsters Local #238; a resolution to approve the multi-year Capital Improvement Schedule; and to set the date of the next regular Board meeting as Thursday, October 25, 2018 at 8:45 a.m. Payment of the following bills: Aable Pest Control Services 24.25 ABM Industries Services 1,041.50 Acco Unlimited Supplies 13,138.64 Advanced Systems Services 161.43 AECOM Services 15,525.90 Aramark Uniform Services 382.29 Aspro Supplies 1,192.80 BerganKDV Consulting Services 1,700.00 Black Hawk County Auditor Water & Sewer Bond 7,004.75 Black Hawk Waste Disposal Services 104.00 BMC Aggregates Supplies 4,843.10 BRB Lawn and Snow Services 2,373.75 Campbell Supply Supplies 718.01 CDW Government Supplies 37.15 Cedar Valley Home Builders Annual Dues 425.00 Cedar Valley Sportsplex Payroll Deduction 240.64 Cedar Valley United Way Payroll Deduction 62.50 CenturyLink Service 644.27 Charles Schwab Institutional Pension 52,355.92 City of Raymond Sewer, Garbage & Yard 28,055.84 Waste City of Waterloo Projects 180,239.05 City of Waterloo Sewer, Garbage & Storm 1,276,898.40 Water Clapsaddle-Garber Services 920.00 Core & Main Supplies 3,407.24 Courier Communications Legal Ad 109.09 Hogan-Hansen Services 856.80 Humpal, John Services 45.46 Iowa Assoc. of Water Agencies Annual Dues & Conference 1,259.67 Registration Iowa Municipalities Workers' Insurance 8,200.00 Compensation Iowa One Call Services 881.10 IPERS Pension 15,367.09 IWI Motor Parts Supplies 190.25 Johnson, Brian Reimbursement 46.66 K & R Consulting Group Services 70.00 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 1,633.00 Kwik Trip Fuel 4,242.42 KWS Inc. Services 130.00 Larson, Travis Reimbursement 50.00 Lindgren Glass Services 1,929.00 Mahler, Matthew L. Reimbursement 181.54 Manatts Supplies 177.25 Menards Supplies 598.74 MidAmerican Energy Gas, Power & Electric 51,501.07 Municipal Supply Supplies 3,805.00 Murphy Tractor & Equipment Supplies 41.70 Napa Auto Parts Supplies 23.29 Networkfleet Services 286.00 Northland Products Supplies 430.43 Payroll 157,751.44 Postmaster Postage 1,250.00 Professional Office Services Services 9,405.84 Public Employees Credit Union Payroll Deduction 14,442.00 Quam Trucking Supplies 4,856.00 R Company Repairs 3,240.00 Radio Communications Services 126.00 Refunds 6,496.68 Rochester Armored Car Services 257.42 Schimberg Co. Supplies 2,814.12 Scot's Supply Supplies 324.92 Sensus USA Supplies 12,286.22 Service Signing Services 350.00 SJE-Rhombus Services 1,250.00 Snyder & Associates Services 456.35 State of Iowa Treasurer Excise Tax 32,752.00 Storey Kenworthy Supplies 752.86 Sun Life Financial Insurance 5,127.74 Swisher & Cohrt Legal Services 518.00 Teamsters Local Union #238 Payroll Deduction 1,136.00 Treasurer, State of Iowa State Tax 8,408.00 U.S. Cellular Services 64.66 US Dept. of Treasurer Federal Tax 65,855.44 USABlueBook Supplies 270.50 Utility Equipment Supplies 1,115.94 Van Wert Inc. Services 5,303.20 CITY OF WATERLOO Council Communication Communication from the Waterloo Cultural&Arts Department on the notice of the conclusion of employment for Cherie Nelson-Kabba, Event Coordinator, effective September 19, 2018 with recommendation of approval of payout of$487.41 for unused benefits. City Council Meeting: 10/8/2018 Prepared: REVIEWERS: Department Reviewer Action Date flutnan 1�esources F)urnn, L.,ame Approved 10/3/2018 3-40 PM t..1 Office Ifigby, Namy Approved 10/3/2018 3.47 P M ATTACHMENTS: Description Type Communication from the Waterloo Cultural&Arts Department on the notice SUBJECT: of the conclusion of employment for Cherie Nelson-Kabba, Event Coordinator, effective September 19, 2018 with recommendation of approval of payout of 8487.41 for unused benefits. Submitted by: Submitted By: Page 93 of 94 / � CITY OF WATERLOO , IOWA CITY HALL 71sMULBERRY STREET 60703 Today's Date: 912612018 Effective Date: 911912018 Employment Dote: 11121117 FT To: City Council Members Re: Notice ofSeverance ooponmom Cultural&Arts Department Job TiUm/olass|fmounn EVENT This iutareport that the employment of with the City wfWaterloo has been severed byreason of: LJ Retired Disability Related [] No [] Yeo [� Resigned [] Termination U Other In accordance with City Policy,it is requested to allow payment which consists of the following: I Benefits Total Hours (x)Hourly Rate I 2019-Vac xo o01OCurr.Vac rYzo1oEmm FY2O18Eam IPersonal Hou 37.07 $ 21.50 $ 797.01 Total Payment JE0 Comments: Routing:RESIGNED.....LAST DAY OF WORK WAS 09119118 Approved by �,-J,AV QS Date /2(p/ 18 Human Resources�, Date . Original toHuman Resources by Department � Human Resources will forward original mCity Clerk(Copy in Personnel File) o|nrKs Office will forward copy ofapproved form»oDepartment and Human Resources Council Agenda Date: [] Accruals [Status []'9 � Page 94 Of 94 �