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
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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:��
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Title ��G��{�-�°` l�tle.
Dated: J�P 7 IT Dated: 2'
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Page 42 of 94
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Total Payment (before service fee) 67,898.00
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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
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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
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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 �