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HomeMy WebLinkAboutCouncil Packet - 9/23/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 23, 2019 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 Conununity 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 Clerk'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 179 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of September 16, 2019, Regular Session, as proposed. Proclamation declaring second week in October as Earth Science Week. Proclamation declaring October 11, 2019 as Day of Inclusion. Recognition of Mike Moore for 30 years of service. Recognition of Tom Siglin for 30 years of service. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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 request of Main Street Waterloo and the Waterloo Community School District to hold the 19th Annual Mayor's Fun Run event on September 24, 2019 from 9:30 a.m. to 12:00 noon to be held at the Expo Grounds and Downtown Streets. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving request of East High School to hold their annual Homecoming Parade on Friday, October 4, 2019 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on E. 5th, Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade. Submitted By: Corbin Payne Police Lieutenant Page 2 of 179 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, for the FY 2020 Levee Tree Removal, Contract No. 990, and instructing the City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Resolution setting date of public hearing as October 7, 2019 to approve the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street, and instructing the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving preliminary specifications, bid documents, contract, etc., in conjunction with the rental of four (4) motor graders to support snow removal operations, setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, and instructing City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Manager 7. Resolution fixing date for a meeting as October 7, 2019 on the proposal to reallocate certain unspent proceeds of the Taxable General Obligation Bonds, Series 2017B and Taxable General Obligation Bonds, Series 2018B, and instruct City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer 8. Cancellation of assessments for properties listed 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. Officer Ehlers Class/Meeting: Dogs for Law Enforcement Tracking Class Destination: New Hartford, IA Dates: October 10-12, 2019 Amount not to exceed: $495 b. Lt. McClelland and Lt. Richter Class/Meeting: Management and Leadership Skills for Challenging Times Destination: Des Moines, IA Dates: September 30 - October 2, 2019 Amount not to exceed: $1,260 c. Chris Youngblut, Director of Technology Class/Meeting: Iowa Technology Summit Destination: Des Moines, IA Dates: September 30 - October 1, 2019 Amount not to exceed: $475 d. Michelle Davis - Fitness Specialist Class/Meeting: Midwest Mania - SCW Fitness Education Destination: Rosemont, IL Page 3 of 179 Dates: October 4-6, 2019 Amount not to exceed: $650 e. All SportsPlex Staff Class/Meeting: Customer Service Training Destination: Waterloo, IA Dates: October 6, 2019 Amount not to exceed: $600 f. Chris Ferguson, Fire Marshal and Brock Weliver, Lt. Fire Prevention Officer*AMENDED* Class/Meeting: Iowa Chapter of the International Association of Arson Investigators Annual Conference Destination: Cedar Rapids, IA Dates: September 11-12, 2019 Amount not to exceed: $530 g. Bill Beck, Fire Lieutenant Class/Meeting: Firehouse Expo and Leadership Conference Destination: Nashville, TN Dates: October 9-11, 2019 Amount not to exceed: $999 h. Martin M. Petersen, City Attorney Class/Meeting: Live Webinar Destination: In Office Dates: October 4, 2019 Amount not to exceed: $180 2. LIQUOR LICENSES a. Anton's Garden, 129 E. 4th Street *Extended Outdoor Service* Sept. 26-29, 2019 Class: Special C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 9/29/2019 b. Hy -Vee C -Store #4, 3700 University Avenue Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 10/31/2020 c. Newton's Paradise Cafe', 128 E. 4th Street *Extended Outdoor Service* Sept. 26-29, 2019 Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 9/29/2019 3. APPOINTMENTS Page 4 of 179 a. Felicia Carter Board/Commission: Community Development Board Expiration Date: September 23, 2022 New Appointment 4. Bonds. PUBLIC HEARINGS 2. FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981. Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981. 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 and refer bids to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 4. Resolution approving the FY 2019 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2018 through June 30, 2019 to the U.S. Department of Housing and Urban Development. Submitted By: Rudy D. Jones, Community Development Director 5. Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019, and authorizing transmittal to the Iowa Department of Transportation. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration unit garbage truck, in the amount of $240,468. Submitted By: Randy Bennett, Public Works Manager 7. Resolution approving Acceptance of Improvements of the Ridgeway Development, 1850 W. Ridgeway Avenue, and Village West Subdivision, performed by BCS Properties, LLC, of Cedar Falls, Iowa, and receive and file two-year maintenance Page 5 of 179 bond. Submitted By: Dennis J. Gentz, PE, Assistant City Engineer 8. Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $505,000, in conjunction with the Park Avenue and 11th Street over Cedar River Bridge Replacements Feasibility Study, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $109,500, for design services to delineate wetlands along Martin Luther King Jr. Drive, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 10. Resolution approving a Development Agreement with Mersiha and Asim Mustedanagic, for the construction of a single family home with a minimum value of $200,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving and accepting acquisition contracts and approving deeds to sell real property to the City of Waterloo, for the partial acquisition of property and temporary easement from Richard C. and Helen J. Anderson, in the amount of $189,435, with recording fees not to exceed $100, located east of 300 Ralston Road, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 12. An Ordinance Amending the City of Waterloo Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed Limits in Certain Areas. Motion to receive, file, consider and pass for the first time an an ordinance amending the City of Waterloo Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed Limits in Certain Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 6 of 179 MEETINGS 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers 5:20 p.m. Special Session, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Board of Adjustment Meeting minutes of July 30, 2019. 2. Planning & Zoning Special Meeting minutes of July 23, 2019. 3. Community Development Board Meeting minutes August 2019. 4. Communication from the Waterloo Fire Rescue Department on the notice of conclusion of employment for Kyle Flickinger, 1st Year Paramedic, effective September 9, 2019 with recommendation of approval of payout of $3,378.94 for unused benefits. Page 7 of 179 CITY OF WATERLOO Council Communication Minutes of September 16, 2019, Regular Session, as proposed. City Council Meeting: 9/23/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk. Office i pia:piry, Nancy Approved 9/p 1/20p a9... 9 34 AM ATTACHMENTS: Description Type Minutes a of. pie 2tarunber 16„ 2019 Ba,ackuppr Ma' 1. Submitted by: Submitted By: Page 8 of 179 September 16, 2019 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 16, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 156795 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 16, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156796 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 9, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring September 17 through 23, 2019, as Constitution Week. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, commented that at the work session there was a long discussion about removing a council member and censuring council members and explained that it is the responsibility of the voters to remove council members from office. He commented on an article he read in the Courier about changing the zoning of the former Chamberlain Manufacturing site from industrial to residential and explained that he does not agree with doing this. He questioned the logic behind combining TIFF Districts for the new amusement park. Jim Chapman, 224 Bertch, commented that he spoke last week suggesting the city build a transfer station and staff it with an employee and the response he received was that the city would have to spend money to make it happen. He explained that it would be worthwhile to build a transfer station as it would be a better solution for recycling and that the city is currently spending money anyway. Mayor Hart announced that it was the City Clerk's birthday and asked that everyone sing her happy birthday. 156797 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156798 - 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 September 16, 2019, in the amount of $3,363,715.71 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. 2019-695. 2. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-696. 3. Resolution approving request from Four East Dining, DBA Anton's Garden and Newton's Cafe, to hold the 1st Annual Oktoberfest Downtown Waterloo event from September 27-28, Page 9 of 179 September 16, 2019 Page 2 1. 2019, in and around the 100 block of E. 4th Street and the 500 Block of Sycamore Street, including a noise variance on September 27, 2019 from 4:00 p.m to 12:00 a.m. and September 28, 2019 from 8:00 a.m. to 12:00 a.m. Resolution adopted and upon approval by Mayor assigned No. 2019-697. 4. Resolution approving Variance to Noise Ordinance request from K. Cunningham Construction Co., Inc. from September 18 - November 1, 2019, from 11:00 p.m. to 7:00 a.m. in conjunction with saw cutting of PCC Paving on Dysart Road and W. 2nd Street. Resolution adopted and upon approval by Mayor assigned No. 2019-698. 5. Resolution approving the request of Alexander Matheson for tax exemptions on the construction of a new single family home valued at $389,574, for property located at 1420 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-699. 6. Resolution approving the request of Anh Nguyen for tax exemptions on the construction of a new single family home valued at $181,000, for property located at 1 130 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-700. 7. Resolution approving the request of Joseph and Erinn Crane for tax exemptions on the construction of a new duplex valued at $219,000 for property located at 732 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-701. 8. Resolution approving the request of Roger A. Meirick for tax exemptions on the construction of a new single family home valued at $299,859, for property located at 1314 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-702. 9. Resolution approving the request of Matthew Mastele for tax exemptions on the construction of a new single family home valued at $204,000, for property located at 1464 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-703. 10. Resolution approving the request of Tu Kha Maung for tax exemptions on the construction of a new single family home valued at $163,900, for property located at 1111 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-704. 11. Resolution approving the request of ARK II Real Estate Solutions, LLC, for tax exemptions on the construction of home improvements valued at $75,000 for a property located at 437 Hope Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-705. b. Motion to approve the following: a. Trave Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed John Domoff, Planner I 2019 American Planning Association Iowa City, IA October 9-11, 2019 $755 Page 10 of 179 September 16, 2019 2. b. c. d. a. b. c. d. e. Page 3 Approved Beer, Liquor, and Wine Applications Iowa Conference Class New or Renewal Expiration Date Anita Rousselow and Jenna Northey Community Development Block Grant Training for Practitioners Dubuque, IA November 5-7, 2019 $1,915 Bob Stanley, Combination Inspector International Code Council Residential Electrical Inspector Exam Online Exam September 11, 2019 $209 Steve Carey Confined Space Rescue Aurora/Brookings, SD September 17- 20, 2019 $726 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ali's Liquor, 1117 E. 4th Street B Wine / C Beer / E Liquor Renewal 9/3/2020 x Knights of Pythias, 244 Ash Street C Liquor w/Outdoor Service Renewal 9/16/2020 x Kwik Star #229, 1717 E. San Marnan Drive B Wine / C Beer Renewal 9/24/2020 x Kwik Star #1004, 111 E. Donald Street B Wine / C Beer Renewal 10/21/2020 x Newton's Paradise Cafe', 128 E. 4th Street B Native Wine / C Liquor w/Outdoor Service Renewal 9/17/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Warren Frank McCaw Memorial Hall Commission December 31, 2021 New 4. Motion approving recommendation of appointment of Jenna Northey from the civil service list to the position of Intake Specialist effective no later than September 30, 2019. 5. Theatre License Permit Application • —Crossroads 12 Theatre, 2150 Crossroads Boulevard .. • Mini -Cinema 16, 315 E. 4th Street • Fantasy Island Amusement, 1850 W. Airline Hwy 6. Cigarette/Tobacco Permit New Application for Speedy Mart, 926 Linn Street. 7. Cigarette/Tobacco Permit New Application for VVS, 501 N. Elk Run Road. 8. Bonds. Roll call vote -Ayes: Seven. Motion carried. 156799 - Klein/Amos to approve the following Theatre License Permit Applications: • Crossroads 12 Theatre, 2450 Crossroads Boulevard • Romantix Adult Emporium, 1507 La Porte Road • Mini Cinema 16, 315 E. 4th Street • Fantasy Island Amusement, 1850 W. Airline Hwy Page 11 of 179 September 16, 2019 Page 4 Mrs. Klein commented that she is in favor of Crossroads 12 Theatre but not the others. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. RESOLUTIONS 156800 - Schmitt/Amos that "Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of two (2) 2020 Type 1 Superliner 171" Body Ford 550 Ambulances from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $435,546", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4`" Street, questioned why an exception is needed to the purchasing policy. Pat Treloar, Fire Chief, explained the department recommendation. Resolution adopted and upon approval by Mayor assigned No. 2019-706. 156801 - Schmitt/Amos that "Resolution approving a Grant Agreement with the Iowa DOT's Aviation Bureau for FY 2020, Project No. 9 -1 -200 -ALO -135-200 and Contract No. 21605, for Air Service Marketing of Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-707. 156802 - Schmitt/Amos that "Resolution approving and accepting a donated Permanent Easement Agreement and Temporary Easement with Blakewoods Place Condominium, to allow for the construction of a storm sewer located along the east side of Linbud Lane from Sager Avenue to Alabar Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-708. 156803 - Morrissey/Feuss that "Resolution approving Amendment No. 1 to a Consulting Services Agreement, with ClapSaddle-Garber Associates, Inc., originally executed on November 7, 2016, for a net increase of $125,723, to complete planning and design services for the Waterloo Air and Rail Park, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-709. 156804 - Morrissey/Feuss that "Resolution approving a request by Skogman Homes appealing the decision of the City Engineer per the provisions of the Waterloo City Code Section 7-1-4(G), dis-allowance of a second curb cut on property with a corner frontage lot, located at 1709 Waxwing Way, together with recommendation of approval of the Planning, Programming and Zoning Commission", be adopted. Roll call vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the item. He explained why the exemption is necessary, that he does not have the authority to grant the exemption, and that he supports the exemption. Mr. Morrissey questioned if this approval sets a precedent. Jamie Knutson stated that it does not set a precedent. Page 12 of 179 September 16, 2019 Page 5 Mr. Morrissey questioned if this type of exemption has been approved in other locations in Waterloo and approved by council. Jamie Knutson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2019-710. 156805 - Morrissey/Feuss that "Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central Railroad Company and Pacific Railroad Company, for the Osage Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty percent (20%) of the total project cost, which is to be determined, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned if this repair is specifically for Osage Avenue and Dubuque Road and if part of the funding for the repair will help to make the lights at the intersection work correctly. Jamie Knutson, City Engineer, explained the crossing repair portion of the project. Sandie Greco, Superintendent, explained the status of the new signals at the location. Mr. Morrissey questioned how it is determined where the repairs would take place. Jamie Knutson explained that the city submits requests to the state to fund the repair and the state allocates funds for repairs. Mr. Morrissey questioned if a crossing at Conger and Columbia are on the list for repair as they are in poor condition. Jamie Knutson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2019-711. 156806 - Morrissey/Feuss that "Resolution approving a Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central Railroad Company and Pacific Railroad Company, for the Wagner Road Railroad Crossing Surface Repair Project, with the City's share being twenty percent (20%) of the total project cost, which is to be determined, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-712. 156807 - Klein/Amos that "Resolution approving construction plans for paving and sanitary sewer serving Village West 3rd Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, a Sewage Treatment Agreement, DNR Form 29 (Nov 00), with the Department of Natural Resources, final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-713. 156808 - Klein/Amos that "Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $219,947, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Page 13 of 179 September 16, 2019 Page 6 Improvements Project, Contract No. 988, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Jim Lawless, 2002 Ashland, questioned what would be done about drainage at Donald Street. Jamie Knutson provided an overview of the work planned to help mitigate water issues in the area. He explained that the best long-term solution is to install curb in gutter in the area. Mr. Morrissey questioned if wastewater fees would pay for the storm water infrastructure needed in the area. Jamie Knutson explained that storm water fees would be able to pay for some of the storm water repairs and Local Option Sales Tax would be used to pay for the road repairs. Mr. Morrissey questioned why storm water fee money is being spent on a short-term fix. Jamie Knutson explained that Donald Street is at least 10 years out from reconstruction or longer. This is a solution for an immediate situation that needs to be fixed. Mayor Hart questioned if this solution will remove the immediate problem. Jamie Knutson confirmed that this will fix will help alleviate standing water in the intersection that freezes in cold weather. Currently Public Works employees have to carry out extra sanding and salting to keep the intersection safe. Mr. Morrissey requested that pooling water issue on Clark Street in front of Huff Construction be addressed in the near future. Resolution adopted and upon approval by Mayor assigned No. 2019-714. 156809 - Klein/Amos that "Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, originally signed on October 5, 2015, to provide on-site assistance for the Waste Management Services Department, for up to six months, in an amount not to exceed $ 75,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Randy Bennett, Public Works Division Manager, explained the request. Mr. Schmitt questioned if there are further discussions about waste management regionalization. Randy Bennett commented that another regionalization meeting is happening on September 18. Mayor Hart added that Waterloo is very open to regionalizing waste treatment operations but that other communities have made comments in the Courier to the contrary. Resolution adopted and upon approval by Mayor assigned No. 2019-715. ORDINANCES 156810 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by deleting Subsection (47) University Avenue access (N), of Section 545, Yield Street, in its entirety, and inserting in lieu thereof a new Subsection (47) University Avenue Access (N), of Section 545", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Traffic Superintendent, provided an overview of the ordinance 156811 - Amos/Morrissey Page 14 of 179 September 16, 2019 Page 7 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 156812 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by deleting Subsection (47) University Avenue access (N), of Section 545, Yield Street, in its entirety, and inserting in lieu thereof a new Subsection (47) University Avenue Access (N), of Section 545", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5513. OTHER COUNCIL BUSINESS 156813 - Amos/Feuss that Change Order No. 2 for a net increase of $64,602.40, in conjunction with the FY 2019 Asphalt Overlay Program, Contract No. 964, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the change order. 156814 - Amos/Feuss that the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2013A, Series 2014A and Series 2014C bonds, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 156815 - Morrissey/Feuss that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 179 Wu 1 " • Wit OF WA 00, IOWA PRO TION The Earth Sciences are fundamental to society; and The Earth Sciences provide the research to investigate the processes at work which shape the Earth's atmosphere, hydrosphere and lithosphere; and The Earth Sciences help us in understanding the impact of change throughout Geological History on the landscapes, seascapes, and atmosphere of the earth; and The Earth Sciences provide information to help us better understand how the tectonic, eustatic, and now anthropoid forces actively change the surface of earth; and The Earth Sciences give us insight into the animal and plant records of the geological past; and The Earth Sciences open windows into the historical and geological past which give us insights to better understand today and plan for tomorrow. NOW, T , ORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the second week in October as INW of the City of Wa ATTEST: , I have hereunto set my hand and caused the official seal oo to be affixed this 23rd day of September 2019. I ey Fel City Clerk I 1, ct:ii f Quentin Hart Mayor Page pf 173 CITY OF WA PRO g ' 00, IOWA TION we value inclusiveness and a sense of community; and we believe every citizen should have the opportunity to participate in the economy; and inclusion is good business; and a diverse work force driveseconomic growth and is integral to a strong economy; and companies that bring together diverse cultures and people in the workplace capture greater shares of the consumer market; and a more qualified workforce is gained when we can recruit from a diverse pool of candidates; and a diverse and inclusive workforce helps businesses avoid employee turnover and the costs associated with such turnover; and 85 percent of companies with at least $500 million in annual revenue agree that diversity fosters a more creative and innovative workforce and is crucial to fostering innovation in the workplace; and inclusion increases customer satisfaction; and diversity and inclusion is critical to moving our economy forward; and diversity and inclusion in the "boardroom" help to leverage a company's full potential. NOW, TH ORE BE IT proclaim October 11, 2019 as that L Mayor Quentin Hart, do hereby DAY OF INCLUSION in Waterloo to raise awareness of the importance of inclusion to our economy and our co IN 1 , 1 have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 23rd day of September 2019, * ATTEST: ley Feichl City Clerk 11111111 111111111111 Quentin Hart Mayor Page 17 ef 173 CITY OF WATERLOO Council Communication Resolution approving request of Main Street Waterloo and the Waterloo Community School District to hold the 19th Annual Mayor's Fun Run event on September 24, 2019 from 9:30 a.m. to 12:00 noon to be held at the Expo Grounds and Downtown Streets. City Council Meeting: 9/23/2019 Prepared: 9/16/2019 REVIEWERS: Department Reviewer Action Date i"opicc iL pau .need . i p p hy Naancy Approved 9/1 6/2,019 i p AO AM ATTACHMENTS: Description Type D Va oancc Apap:ppBackup MaatL '1 SUBJECT: Resolution approving request of Main Street Waterloo and the Waterloo Community School District to hold the 19th Annual Mayor's Fun Run event on September 24, 2019 from 9:30 a.m. to 12:00 noon to be held at the Expo Grounds and Downtown Streets. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 18 of 179 CITY OF WATERLOO IOWA APPLICATION FOR VARIANCE TO NOISE ORDINANCE Applicant's Name: Main Street Waterloo Applicant's Address: 212 E. 4th St Applicant's Phone#: 319-291-2038 Anticipated Date of Variance: May 7, 2019 Acy 2 ''A) Name of Event: Mayor's Fun Run Group Organizing the Event: Main Street Waterloo & Waterloo Schools Times of day of variance: 9:30 AM - Noon Geographical location of variance, physical address: Riverloop Expo Grounds Distance of activity from residential properties: 1 block Please explain the event requiring the variance and be specific. Include geographical location or drawings, and what actually will exceed the noise ordinance, such as band playing, PA system, etc. 1. we will be having speakers before the run 2. we will have "live healthy" demonstrations after the run City Council Action Approval: Denial: Ai11icants Signa Date Police Department Recommendation Approval: Denial: Decibel level: Page 19 of 179 To: City of Waterloo Attention: Mayor Quentin Hart & City Council From: Main Street Waterloo & Waterloo Community Schools Date: April 1, 2019 Re: Mayor's Fitness Makeup Day Main Street Waterloo,. the Waterloo Community Schools, and the city of Waterloo will be hosting the 20th Annual Fun Run with the Mayor /make-up event on Tuesday, May 7, 2019 from 9:30AM until 12:OOPM. The schedule of events will take place in the RiverLoop Expo Grounds and will include: an official greeting from city dignitaries, a "pep talk" from a celebrity, and a 1 mile fun run with the Mayor at 10:OOAM. All public and parochial 4th graders (apx. 900) will be invited to participate. The route will begin and end at the Expo Grounds with the students running on Park Ave, to Mulberry St, to E. Lith St., to Jefferson St. & back to the Expo Grounds. We will need cooperation from the following city departments: Center for the Arts Use of Expo Grounds. Setup will begin Monday afternoon May 6th and will be completed on May 7th. Tear down will be immediately following the event. Engineering Department For the Run, we will need to close down the following streets at approximately 10:00AM for the run route. - 4u' St. and Park Ave. from Mulberry St. to Jefferson St - The side streets within that area between 5th St. to 3rd St. See map enclosed. We will open the run area after the race (Apx. 11:00AM) Street Department We request street barricades to be dropped along the route by 5PM on Monday, May 6th. The barricade placement map is included. Traffic Department We will need to bag the parking meters by 6:OOAM on the 7th to help with barricading and setup. Page 20 of 179 Electrical Department We request the use of electrical boxes at the Expo Grounds. We will need them in operation by 8:OOAM on the 7th Electricity is needed for the sound system on the stage. Police Department Your assistance in bagging the parking meters by 6:OOAM on the 7th to help with barricading and setup. Traffic control at the .intersections during the fun run beginning at 10:00AM approximately. Volunteers will set the barricades on the side of the road & assist the officers in clearing the traffic from the streets. The officers can pull the barricades onto the street when the run is ready to begin. We would also like to have some officers to visit with the students & sign shirts in the park after the fun run. The map layout of the event is included. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact: Cindy Wells at 319-883-3336(w) 319-404-7308(c) We appreciate all of your cooperation and help with this event. The Mayor, City Officials and Department Heads within the City of Waterloo have always been wonderful to our organizations and we appreciate all of your help in.making the 2019 Mayor's Fitness Makeup Day a success. We look forward to hearing from you. Page 21 of 179 Post Office Cedar River Page 22 of 179 Mayor's un lt4n / Fitnas3 Day Page" 23 of 179 Page 24 of 179 CITY OF WATERLOO Council Communication Resolution approving request of East High School to hold their annual Homecoming Parade on Friday, October 4, 2019 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on E. 5th, Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade. City Council Meeting: 9/23/2019 Prepared: 9/18/2018 REVIEWERS: Department 1"�aiiee l)epa.a.rtniraearat CIIerk O8'Biee ATTACHMENTS: Description D 2019 East lliggh. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Payne, Co Ila P y, Naau y Action Approved A proved. Type Cover Memo Date 9/18/2019 ... p 9/118/2019 5 ACEI l AM Resolution approving request of East High School to hold their annual Homecoming Parade on Friday, October 4, 2019 from 2:00 p.m. to 3:00 .m. be ' inninand endin_ at East Hi_ travelin_ on E. 5th S camore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade. Submitted By: Corbin Payne Police Lieutenant Approve Request East High holds their homecoming parade every year. Parade route will start at East High going from S. Barclay to MLK, then 5th Street to Sycamore, Sycamore to E 4th Street, then back to the school. The parade will consist of minimal floats and cars. The School Resource Officers provide support for this parade, including traffic control. General None Page 25 of 179 WATERLOO POLICE DEPARTMENT MEMORANDUM DATE: September 18th 2019 FROM: Officer J. Harrington SUBJECT: East High Homecoming Parade CHEF......................................................0 PATROL DIVISION CAPTAIN 0 INVESTIGATION CAPTAIN . E PUBLIC RESOURCE OFFICE 0 WATCH I 0 WATCH I „.,... ,,,,,,, ., ,,,, . .......... .............0 ADMIN. DIVISION CAPTAIN 0 WATCH II 0 WATCH II 0 FINANCE 0 WATCH III 0 DARE/SRO. . 0 RECORDS/COMPUTER 0 STREET UNIT (DCU) 0 DART, . 0 TRAINING 0 CRIME LAB 0 INTERNAL AFFAIRS/PERSONNEL...,0 PROPERTY/EVIDENCE. 0. ALL 0 ATTENTION: Major J. Leibold TRI -COUNTY TASK FORCE 0 Dear Sir, East High School is requesting permission to have a Homecoming Parade on Friday, October 4th. The Parade will begin around 1400 hours and conclude at approximately 1430 hours. The parade will consist of four floats, the East High School Marching Band, Cheerleaders, Football and Volleyball Teams, with no more then ten convertible style vehicles. The parade route will not be changed from last year. The parade will leave from the intersection of N.Barclay and MI..,K headed towards downtown Waterloo. Once at MLK and Walnut we will turn right and proceed to East 4th Street. Right on E.41h and proceed to Lime St. Right on Lime Street and we will end at High and Lime. Thanking you ii advance for your assistance. J. arrington School Resource Officer East High School Page 26 of 179 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, for the FY 2020 Levee Tree Removal, Contract No. 990, and instructing the City Clerk to publish said notice. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Clerk Office Reviewer Knutson, .1a Nancy Action Date Approved 9/17/2019 ... 10:08 A Appprovecd. 9/1.7/2019 ... 111:46 A.M ATTACHMENTS: Description Type D Cont 990_N P Cover Memo D Cont 990 N'1'13 Cover Memo SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, for the FY 2020 Levee Tree Removal, Contract No. 990, and instructing the City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office Source of Funds: GO Bonds Page 27 of 179 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2020 LEVEE TREE REMOVAL In the City of Waterloo, Iowa CONTRACT NO. 990 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 10th day of October, 2019 until 1:00 p.m. for the construction of the FY 2020 LEVEE TREEREMOVAL, CONTRACT NO. 990 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 10th day of October, 2019 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 14th day of October, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 NOTICE OF HEARING McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 CONTRACT NO. 990 Page 1 gee 28 of 179 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK This project involves clearing trees and brush from the levees. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: NOTICE OF HEARING Kelley Felchle City Clerk CONTRACT NO. 990 Page 2 Rye 29 of 179 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2020 LEVEE TREE REMOVAL In the City of Waterloo, Iowa CONTRACT NO. 990 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 10th day of October, 2019 until 1:00 p.m. for the construction of the FY 2020 LEVEE TREE REMOVAL, Contract No. 990, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 10th day of October, 2019, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on October 14, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project involves clearing trees and brush from the levees. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed". All items shall be completed on or before: Completion Date for tree cutting activities March 31, 2020 Completion Date for seeding activities May 31, 2020 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. NOTICE TO BIDDERS CONTRACT NO. 990 Page 30 of 179 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo Engineering Department, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the Engineering Department on the second floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City_to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. NOTICE TO BIDDERS CONTRACT NO. 990 Paged 31 of 179 The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) NOTICE TO BIDDERS CONTRACT NO. 990 Paged 32 of 179 or WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. NOTICE TO BIDDERS CONTRACT NO. 990 PagePA 33 of 179 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. NOTICE TO BIDDERS CITY OF WATERLOO, IOWA CONTRACT NO. 990 Pagel:M9 34 of 179 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as October 7, 2019 to approve the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street, and instructing the City Clerk to publish notice. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date Planning. & Zoning Schroeder, A.rie Approved 9/18/2019 ... 9:58 AIM Clerk ()Uit.e ft by, M'mucy.Approved 9/18/2019 l0 10 AM ATTACHMENTS: Description Type Council Packet Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution setting date of public hearing as October 7, 2019 to approve the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street, and instructing the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is resolution setting date of public hearing as October 7, 2019 to approve the request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street., instructing the City Clerk to publish notice. The request to vacate the sidewalk would not appear to have a negative impact on the neighborhood as there is only 1 house in the area and it has been acquired by the City of Waterloo under the 657A program and will be demolished. The Planning and Zoning Commission recommended unanimous approval of the sidewalk vacate at their regular meeting on September 10, 2019. None N/A The nearest trail is the Martin Luther King Jr. trail located 0.19 miles to the south. All segments of the sidewalks to be vacated dead-end into the railroad yard and would likely never be extended. Remaining sidewalk will continue to connect with the existing sidewalk network. This request was received by Page 35 of 179 Background Information: the Complete Streets Advisory who did not express any concerns with the vacate, and noted it was not safe to direct pedestrian traffic towards the dead -ends and railyard. The area is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning: North — Vacant land and residences zoned "C -2,C -Z" Commercial District Conditional Zoning, "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. South — Vacant land and the Canadian National Railroad zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. East— Vacant land and residences zoned "R-2" One and Two Family Residence District and "R-3" Multiple Residence District. West — The Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Residences built between 1900 and 2004. No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0189F, dated July 18, 2011. Dr. Walter Cunningham School of Excellence is located 0.39 miles to the northeast, George Washington Carver Academy is located 1.58 miles to the northwest, and East High School located 0.21 miles to the west. There are 8" Sanitary Sewer Lines in both Merriman and Halstead Streets. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The City of Waterloo is requesting to vacate the sidewalks on both sides of 100 block of Halstead Street and the south side of the 100 block of Merriman Street. The sidewalks in question dead end and do not serve any residences and would require extensive repairs. Staff is concerned about vacating sidewalks as it could lead to other requests to vacate sidewalk. However, the sidewalks in question all dead end at a fence that is adjacent to the tracks of the Canadian National Railroad and could pose a safety hazard to anyone trying to use them. Sidewalk repair cost are generally assessed against the adjacent property owner. However, under Iowa State code the owner of the adjacent properties could only be assessed $500 for repairs to the sidewalk and the estimated cost to repair the sidewalk is $11,000. The property owner did attempt repairs to the sidewalk but they did not meet the Engineering Department requirements. The Planning, Programming and Zoning Commission voted 5-0 to recommend approval of the vacate at their September 10, 2019 regular meeting. Therefore, staff recommends the request to vacate the sidewalk in the 100 block of Merriman Street and the 100 Block of Halstead Street. be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. Page 36 of 179 Legal Descriptions: 2. The request to vacate would not appear to have a negative impact on vehicular traffic. 3. The only building in the area is scheduled for demolition. 4. The sidewalks dead in at a fence that borders the Canadian National Railroad creating a potential safety issue. 5. The Complete Streets Advisory Committee did not express any concerns with the vacate. Public sidewalk within the 100 block of Halstead Street laying south of the south line of Merriman Street and north of the north line of the Canadian National Railroad. Public sidewalk within the south side of the 100 block of Merriman Street laying west of the west line of Halstead Street and east of the north line of the Canadian National Railroad Page 37 of 179 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: Vacate- Sidewalk September 10, 2019 Request by the City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and the south side of the 100 block of Merriman Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate sidewalks on Merriman Street and Halstead Street. The request to vacate the sidewalk would not appear to have a negative impact on the neighborhood as there is only 1 house in the area and it has been acquired by the City of Waterloo under the 657A program and will be demolished. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. The nearest trail is the Martin Luther King Jr. trail located 0.19 miles to the south. All segments of the sidewalks to be vacated dead-end into the railroad yard and would likely never be extended. Remaining sidewalk will continue to connect with the existing sidewalk network. This request was received by the Complete Streets Advisory who did not express any concerns with the vacate, and noted it was not safe to direct pedestrian traffic towards the dead -ends and railyard. The area is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning: North — Vacant land and residences zoned "C -2,C -Z" Commercial District Conditional Zoning, "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. South — Vacant land and the Canadian National Railroad zoned "R-2" One and Two Family Residence District and "M- 1" Light Industrial District. East — Vacant land and residences zoned "R-2" One and Two Family Residence District and "R-3" Multiple Residence District. West — The Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative Page 1 of 3 Page 38 of 179 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF Vacate- Sidewalk September 10, 2019 impact on drainage. Residences built between 1900 and 2004. No portion of the property is located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0189F, dated July 18, 2011. Dr. Walter Cunningham School of Excellence is located 0.39 miles to the northeast, George Washington Carver Academy is located 1.58 miles to the northwest, and East High School located 0.21 miles to the west. There are 8" Sanitary Sewer Lines in both Merriman and Halstead Streets. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The City of Waterloo is requesting to vacate the sidewalks on both sides of 100 block of Halstead Street and the south side of the 100 block of Merriman Street. The sidewalks in question dead end and do not serve any residences and would require extensive repairs. Staff is concerned about vacating sidewalks as it could lead to other requests to vacate sidewalk. However, the sidewalks in question all dead end at a fence that is adjacent to the tracks of the Canadian National Railroad and could pose a safety hazard to anyone trying to use them. Sidewalk repair cost are generally assessed against the adjacent property owner. However, under Iowa State code the owner of the adjacent properties could only be assessed $500 for repairs to the sidewalk and the estimated cost to repair the sidewalk is $11,000. The property owner did attempt repairs to the sidewalk but they did not meet the Engineering Department requirements. The Planning, Programming and Zoning Commission voted 5- 0 to recommend approval of the vacate at their September 10, 2019 regular meeting. There would be no platting required in relation to the request. Page 2 of 3 Page 39 of 179 September 10, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate the sidewalk in the 100 block of Merriman Street and the 100 Block of Halstead Street. be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular traffic. 3. The only building in the area is scheduled for demolition. 4. The sidewalks dead in at a fence that borders the Canadian National Railroad creating a potential safety issue. 5. The Complete Streets Advisory Committee did not express any concerns with the vacate. Vacate- Sidewalk Page 3 of 3 Page 40 of 179 City of Waterloo Planning, Programming and Zoning Commission September 10, 2019 —1 I 11Gff f iff 11111111111111 1 GABLE ST 111111111111 1 1111111111111 RICKER ST KICKER ST 111,111111 0 111 .111 70 I IILII �,1w 1 1 QUINCY STV 1 , 111 11 11 1 WEBSTER ST W 111. � 0 I w _. 11 I ST "?-1 I 1 ' 1 1111i 11ADAM111111_ 1 1 1 II I I I1111111 i 1 COTTAGE ST II 1 1 _� 11 11.1 1111 111:1 111 111111111 1 11111 1 SUMNER ST z l DANE ST ti l 11 � I 111 1 ROBY LN` J Q 1111 [111 rill n ARGYLE ST �I1aw1111 �1�1 11 ALMOND11.1 ST. 111111Il 111 u 111 PINE ST UNI T0 -) 11 1I ti 11111 1 1o11 1 1 .1 1111 Ili III 11 1mm� ° z1 1111 "111110111111111111 11111.1w ONEIDA ST -.:-....i �� 1111 IIY[I111111111 1 1,_r- r 1 1 2 MAN ST �' 1 WILLOW ST 111 11 11 0)1- 1.11111 [0 1 DOUG° I L VINE ST J1 11i.,� 1111mmm 11 UIIIIMI 1 II 1. 11 a 111 1. 11111 GLENWOOD ST f/ --,7 1 1 111111 11 1- � 1 l l 11111 111�� 1 1 c5,2, 11. z i I I COURTLAND ST • 111," 1111,i 1,1111 I X11 i1 �hJ„j✓' gin, r, . 111 Q 1.1 1110) 411.11 G 1 I 1 1.,1 W 111 I :1.1 1 111111 111111 ,� 111p11//'1 qc1 Y q�� gFTTFS T. ll .1111 1 111 INDEPENDENCE AVE 1111111 1 ....m 111=�C111_ 11 1 1 1 PROSPECT AVE. 1111111111-' ALTA VISTA AVE fl 1 .1. 1-- _.1 1111 1`1111.111 MADISON ST I 1111.111111 11 I. �1 11111111111111 11 1 1 1 MONROE ST FOWLERS I. 1 1 11 111.111 11.11 .111�� '„,. 111 11 111 1 1 111 1®1 1.1111 11 Q POLK ST 111 11 1 I 1 11 'i 00 1 1,111 I X1....11>r�rffl z II''Cp& ' IciLt)1 1 W MULBERRI ST 1 l 1111 I „•,,'0 Z o b 1111 , w 1.1' 1111111 1111111''i1 z i— ARCHER AVE J 11111 Q1 1111 1.11 II1111:1 1 I1111 1 x1:11 1I 11. 11 1 Merriman Streets and Halstead Streets Vacate Sidewalk Request City of Waterloo Page 41 of 179 City of Waterloo Planning, Programming and Zoning Commission September 10, 2019 '1hiiI111111i'jllllll11,11111, , �Y1 mumuoop'°'11 IP a uu '1111u ;,111,)„IN:)I;i))iL II,��', iumuu111111� Ih�llll �la 111111;IIlIvu!!''iy'I;;;'; Igd'il!'i;"'lupi rII;!'i�lll a I1111N l'1111111011111111111 111110011111iiiliil )hili°' 11' "Ir. 111111111111 I �IA'!f1' l uu Ilulqul lull 1I ) w I ",111111111111111111111111 IYIII 1111111111111111111111111111111uu ��11!I�hI„H! NI B IiII Iui111 11111111111 q�1 0 IIm1111,1,,1 II I I�Ill�iillhlk IIIII�hII�IV�uIIIIiI�nYluVuil jlj MIV � „"""' 1,111111011111111111111111"111111"1"1"111111 1111 vo w Legend 1772 Vacate Area ppW,I”"'11'111111111111111MIIIIIIIIIIIIIIIIIIIIIIIIIII I ;N',,,w„lelilw lwii 1 II III�IIIIiI IIIIIu�711 t111'1 IIII Ir' m`, III!Ik S II' '1;111 IiNI' ME!RR/MA N lA'7 T! "1111111 011111 , 1luuwuuw1111111111 1. IN VV ,Ww411C�1.1,,1 uuw111, 11 IIII 11!'1' I l m1111111'1111111111111111111 1 .114111111 1111111111111111 11i11ii1i1ulllll N'iii 11mm� 11-11111Ill1I ll, 1111iiiiiiiiiiiiiiiiiiiiiiiiiiiiNNtltl�tltl�ul111 ul�nu111111 „11111111 11 m 1 IIIIIIIIIIII IIIu11f IIVIV,0, N''I'''1 111111111111111111111 .1111 'iiy„ullli111111111111111uu11111111,1,1, VIIIYII u. /11111111 1111111 1111 Sidewalks to be vacated 11111111111 1 Ii, 1111ILS, 1111111111, 1II!'IuIIIIIII�VI11111 liu"i1V116'uul hll'1;9Vi 11 11111114 ���O ���III!�I�I^�!�i°��iil�d111!�II�Ilili il�ll nd��yil;u'llll� r'"11111111!I!!!I 11111 ,1� Pu'9mpmuuoul u1111i I''11I IIIIIIIIIIIIIIIIIIIIIII;111. 11,1,11,1,H,:!1,1111111111111111111111111111111 NI 1111 '111111111111111111111111111111111111111 11 Iuw111tlg1u1, 1111111111111111 11111111111111111' v 111111111111111111111111111111 Merriman and Halstead Streets Vacate Sidewalk Request City of Waterloo Page 42 of 179 MMMMMMMMMMMMMMM111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.111111111111111111111111111111111111111 IIIIUI lil���, ff �iri�iq/lllllll���rill��� Sidewalk Vacate Request odiSt 7 Looking north from Merriman Street along Halstead Street. di youoldo a Looking west along Merriman Street from Halstead Street. �lullll(dtldlluldllMiiolM1lM1ilniiM1l!ilir.�°f; Looking south on Halstead Street from Merriman Street. 11111 111111 Horne at 200 Merriman Street that will be demolished. Page 43 of 179 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 59703 (319) 291-4366 LJ Offer to Vacate and Purchase City Right -of -Way r"Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant: k•-• /1",OF W1I Address: 71! hiticINE; i Phone No.: (31PI) Z9-I2— General Description of Property to Vacated (i.e.- alley between A St. & R SL, South of C St.): Ic-14-14- TH CS" 100 611--/t4 YlnA A) ST AN t'o• 00,cW 3Lt T. Legal description of area to be conveyed, vacated, or encroached: I, A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): O Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee O Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated No Fee O Any request not meeting the Sale of Property Policy One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: lf the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): O Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale or Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: AJ!ik 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional const ,uction as the reason for the request. Appli ant Dat *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 44 of 179 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, contract, etc., in conjunction with the rental of four (4) motor graders to support snow removal operations, setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, and instructing City Clerk to publish said notice. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date Work D p>dniaoe: fl: 1-0,�a:� �:,cAn�� Approved 9/18/2019... 10:51 AM. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving preliminary specifications, bid documents, contract, etc., in conjunction with the rental of four (4) motor graders to support snow removal operations, setting a date of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, and instructing City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Manager Recommend approval. The need for four (4) motor graders to support snow operations from November 15, 2019 thru March 15, 2020. $120,000.00 Road Use Tax - Snow Removal - 266-19-7200-1384 Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Strategy 3.4: Identify and improvement proven cost and resource saving measures. The City has not needed to purchase additional motor graders for year round street maintenance. The rental of motor graders to support snow operations is more cost effective. Page 45 of 179 CITY OF WATERLOO Council Communication Resolution fixing date for a meeting as October 7, 2019 on the proposal to reallocate certain unspent proceeds of the Taxable General Obligation Bonds, Series 2017B and Taxable General Obligation Bonds, Series 2018B, and instruct City Clerk to publish notice. City Council Meeting: 9/23/2019 Prepared: 9/19/2019 REVIEWERS: Department Reviewer Action Date "imance li by N.miy Approved 9/19/2019 2:59 P M SUBJECT: Resolution fixing date for a meeting as October 7, 2019 on the proposal to reallocate certain unspent proceeds of the Taxable General Obligation Bonds, Series 2017B and Taxable General Obligation Bonds, Series 2018B, and instruct City Clerk to publish notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Approval. Summary Statement: The Telecommunications Board has requested that the City approve and pay the costs for the completion of a telecommunications utility study and related costs for the health and welfare of the City. We request that existing unspent bond funds be reallocated for this purpose. Page 46 of 179 CITY OF WATERLOO Council Communication Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date Clerk Office Rigby, Nancy Approved 9/18/2049 ... i0 )8 AM ATTACHMENTS: Description Type D 1 xlaihit A Backup Material SUBJECT: Submitted by: Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 47 of 179 EXHIBIT A Weed Removal Weed Removal Sidewalk Garbage CO 00 0 60 00 --, 11. LA O N 0 0 69 O M 0 H} in 1 60- in CC - 69 v1 0 6369 O CT M N M V LA O a, 00 60- in 0 G1 00 LA $77.35 O lf1 M E!3 oc N 00 LA 00 .--i M 6R Storm O\ 01 .�-i EA- .— N fA OCT ER $18.38 N $8.25 $34.64 V3 $34.64 O 69 $32.36 $17.32 O Cr, -1 c- 00 oC -J 69 N �3 00 —,O FA .-- EA- RN Sewer OC EA O1 c 6R $122.88 O� [ NI N cn- cA kn O rc ER $439.01 $102.36 4 O �j `O N EL3 0 O 6R Address 625 Keystone Street 270 Derbyshire Road 400 Martin Road 1236 Howrey Avenue 412 Conger Street 622 Upton Avenue 2126 Idaho Street 1110 Sheerer Avenue 606 N. Barclay Street 3256 Hammond Avenue 112 Randolph Street 2903 Roland Avenue 218 Halstead Street 2619 Manor Street 421 Pine Street 847 Newton Street 723 Kern Street Parcel Number 8913-12-378-021 8913-34-426-009 00 N O 0o N N1 cn M 00 8913-27-131-022 kr100 O N O (-1' M N M 00 8913-22-153-016 8912-19-207-016 8913-21-379-009 8913-24-207-010 8913-03-277-012 8913-26-177-007 8913-35-480-003 8913-24-407-010 O r N M O M 00 8913-24-306-014 8913-14-354-003 8913-14-380-007 ,--i N M N lG l� 00 rJ1 O .-. -- -- N .--i M -, — —i 6 .-. .-. Council Date: 09.23.19 Page 48 of 179 EXHIBIT A Council Date: 09.23.19 Page 49 of 179 $124.16 V'1 N 69 N oG T M 69 $22.05 $495.38 C, in C, 59 O r 7 59 $24.29 $34.64 co t` - O in b4 M O N M b9 N 69 $221.98 O W G1 M EA- $29.45 O (xiN N ER $331.33 - 00 sq- 1659 Cherry Hills Drive 132 Monroe Street 720 W. Mullan Avenue 305 Downing Avenue 1111 Riehl Street 200 W. 4th Street 816 Cedar Bend Street 116 W. Orange Road 8913-10-351-006 8912-30-107-004 N_ O N M N MM 0 00 8913-27-176-011 8913-22-228-003 8913-26-231-002 0 O N N C 00 8813-16-478-012 GG ,--i G1 --, O N N N N M N 4 N vi N Council Date: 09.23.19 Page 49 of 179 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 9/23/2019 Prepared: REVIEWERS: D epartment Reviewer Action Date Nancy Approved 9/18/2,01 2:36 PM ATTACHMENTS: Description Type 13onds for council approval 9 2 9 Backup :Material SUBJECT: Bonds. Page 50 of 179 BONDS FOR COUNCIL APPROVAL September 23, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5174930 ONDRE TEAGUE WATERLOO, IA Page 51 of 179 CITY OF WATERLOO Council Communication FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer eeri g �ri0 [ tSoV`II, a R VG cd711•b • Ross, T facia Nancy SUBJECT: Action Re e°cded .Approved .Approved Date 9/18/2,019 ... 10:44 A.M 9/ 18/2,019 ... 10:50 A.M. 9/18/2019 ... 10:52 A.M. Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 52 of 179 CITY OF WATERLOO Council Communication FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date l,aa $uneering; Knutson, J1.i. ' ie Approved 9/17/2019 ... 10:08 AM Clerk Olt n, l:, -And Approved 9/18/2019 ... 10:58 AM ATTACHMENTS: Description 0 SUBJECT: Type 1.3 acklE p .N4a te.ral Backup 1\/lauterial 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 and refer bids to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: Property Owner Assessments Page 53 of 179 FY20 Sidewalk Repair Assessment - Zone 9 Contract No. 981 Estimate: $581,838.95 Bid Security Required Bidder Bid Security Bid Amount B&B Builders Waterloo, IA 5% $641,372.86 Lodge Construction, Inc. Clarksville, IA 5% $703,790.60 Page 54 of 179 FY 2020 Sidewalk Assessment Program - Zone 9 Contract No. 981 Lodge Unit Price Ext. o 0 c -i tri 0o 00 m i/? $ 53,858.70 o 0 N fV 0o N N i/? $ 14,646.00 o 0 O Lf) M m 1, in- $ 5,400.00 o 0 O 0 0 Lfl in- $ 1,284.00 $ 7,652.70 o co O c -I LD O M in- $ 15,305.40 $ 2,000.00 o 0 O 0 O 00 N in- $ 703,790.60 Lodge Unit Price 0 o O rI in. 0 Ln O in 0 o N in- 0 0 O m i/} $ 450.00 0 0 O o m in 0 0 O 0 o in 0 0 Ni i/i 0 0 M tn. 0 0 Ni i/} 0 0 LD i/} 0 0 O 0 rI i/} $ 350.00 B & B Unit Price Ext. rI lD cri N mm' 71- i/i $ 58,988.10 $ 28,981.25 $ 7,323.00 $ 52,975.00 0 0 OM i/} $ 325.00 $ 695.50 $ 7,652.70 $ 3,826.35 Ln M co m V} o O O -1 V} $ 29,200.00 CD 00 N I\ M cr LO 1/1 B & B Unit Price 0 O c -I in• 0 Ln ci c -I in• 0 Ln N c -I in• 0 0 Ln c -I in• 0 0 Ln N M in• 0 0 Ln CO rI in• 0 0 Ln N M in 0 Ln LO in 0 0 M V} 0 Ln c -I in• 0 Ln c -I i/} 0 0 O Ln i/} $ 365.00 Engr. Est. Unit Price Ext. lD I� M LA* Ol m i/i $ 50,319.41 $ 25,178.91 $ 6,468.65 0 O O 0 V) lD i/} $ 2,700.00 0 O O O i/? Ln n Ni co i/1• LO O LD O 00 O c -I i/} $ 7,014.98 $ 5,484.44 0 O O ri i/} $ 12,000.00 $ 581,838.95 Engr. Est. Unit Price c -I O al in c -I 00 of in $ 10.86 $ 13.25 $ 400.00 O O O Ln , -I in 0 O O 0 c -I in- Lf) N 00 in- Lf) Ol M in- Lfl r, N in- Lfl c -I N in 0 O 0 Ln in $ 150.00 Est. Qty. 43,886.1 71- Ol N ci L(1 2,318.5 488.2 O m LD ci 18.0 O c -I O N O ci 2,550.9 2,550.9 LT O Lfl Ln N O O N 80.0 H C M LL V) LL V) LL V) LL V) 2 U < LL 2 U < LL L/ J LL J LL V) LL V) LL L/) LL V) 2 U < IJ Item Description Remove & Replace PCC Sidewalk, 4" Remove & Replace PCC Sidewalk, 5" Remove & Replace PCC Sidewalk, 6" Remove & Replace PCC Sidewalk, Class "A" Clean Sidewalk Water Valve Adjustment Concrete Removal Saw Cut Remove Sidewalk Excavation, Class 10 110C CU CU V) Ul Detectable Warning Surface Trim Trees/Shrubs ate, Z c-I N M Lf) lD 1� 00 01 O c-I c -I c -I N c -I M c -I You created this PDF from an application that is not licensed to print to novaPDF printer (htt CITY OF WATERLOO Council Communication Resolution approving the FY 2019 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2018 through June 30, 2019 to the U.S. Depaitnient of Housing and Urban Development. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date Community Develop en Cava � p.,cAnua Approved 9/18/209 56 AM ATTACHMENTS: Description D p-rY2019 CAP F SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: AT Type Cover Memo Resolution approving the FY 2019 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities for the period of July 1, 2018 through June 30, 2019 to the U.S. Department of Housing and Urban Development. Submitted By: Rudy D. Jones, Community Development Director approve submission of report CDBG and HOME funds Page 56 of 179 Consolidated Annual Performance Evaluation Report Performace Period July 1, 2018 through June 30, 2019 CR -05 - Goals and Outcomes E co bA�' 4-. O 00 o O v, v, 0 cu v, L ca bA 0 0 v) 0 0 ,f:1 O ,.. 7 0 O 6, o Ln N boo W ,--I Q•, "O • O V as O c . N o], a) O s. v7 +' O O Q., O ) v;- + m Q.as O cv 0 o c� TS o 05 ,� w +, a) ^o M v7 00 S:14 = U .b.1)�bA V b1• A bA s. ct m h ccl a +' > o cC O w 700 :Oc6,cu O co U ct = E•OO O V r �'� o "CSo O Eo aa) v' co o. = ,o Oo O 0 Q.74 O = L) O N� o ami O o s, o 0 o • v,+' o CCI • • +' O vv a) .6.) 0 E O wco +' - o O cu O V N CU U C.6 O V7 U O E F-1 a) .77 O 'CI O � o ,402 s. 0 CV C6-• to o - o w bA " a) o O � O w O Z o 0 C.) U • a) U cu N c bA •a)cu tO L2 O • o r O O Sy. � a E o v7 0 bq OMB Control No: 2506-0117 (exp. 06/30/2018) Page 57 of 179 6-4 0 s- Oc c CU w p o O w O E a) v) w ,- cC 0 O c 3 U a--. E cis O O ^O O s. O Cl.) 00 "O �O E O 0 o ', o O a) o O a) a) w co o .- O s..4>, c'3a S Sa O a) 0 N c .3 MIc.15GJ b.A V '0 O o O c.)cr`) o o o a) o • cn a) co to C••) O (-) O H "ZSa) V) O cC .0 M0 S. CO "(:$c 0. ,Z CL)S. V 7 a) -C � O O O 0 v7 v.) y a) co 0 Cl.) S. V O O +5.+ p O w a bA CCS O bA vc N ' L ° u �°.' o = N O O a) cC CC O 'ZS ++c.n O � c0 v 0 cl CL) C > 00 05 S. O 0 O O o 72 s. co rt C4 -, o o O (ID �j Op c.")O a) co w +� O n O c v = O O a) E A' transportation. Percent Complete 0 O O O 0 co co O Actual - Program Year co co Expected Program Year co N r1 Percent Complete 0 53.33% O co co; co 1 .a L.) x. as O el 0. r1 CO Expected Strategic Plan v) N if) Unit of Measure Households Assisted Household Housing Unit Indicator Tenant -based rental assistance / Rapid Rehousing Homeowner Housing Added Source / Amount ai O 0 0 bA a) ra U Affordable Housing Affordable Housing Affordable Housing: TBRA O 0 O t Q O C7 V Q OMB Control No: 2506-0117 (exp. 06/30/2018) Page 58 of 179 m OMB Control No: 2506-0117 (exp. 06/30/2018) Page 59 of 179 O O O 0 O O Lli 1--I r1 O Cr) N M O N C:' O O O 0 m M M Lf) 00 CO) O O \O o t\ O 0 CO) CO) O d" 0 Cr) Ln O Ln c-1 32.00% O Oo M M O O d" M d' ,--1 CO if) r-1 L.fi c-1 L.f) L.f) Cr) O O e--1 L1) O1 L.f) N Household Housing Unit Household Housing Unit Other V) Household Housing Unit Household Housing Unit Homeowner Housing Added Homeowner Housing Rehabilitated O 0 Buildings Demolished Public service activities other than Low/Moderate Income Housing Benefit Homeowner Housing Rehabilitated Homeowner Housing Rehabilitated W 0 = b4 W 0 = TA- C. = Ca CJ bc} C7 = Ca L) bc} C7 = Ca V bs C7 = Ca V bel- C7 1:1-1 a) V b9 Affordable Housing Affordable Housing Non -Housing Community Development O L cC w U a) w "i .4',-. n b.A cil Public Services Affordable Housing Affordable Housing City of Cedar Falls HOME Consortia Allocation City of Cedar Falls HOME Consortia Allocation City of Waterloo Leisure Services "0 0 1t N 0 O ct O co V L Debt Counseling Emergency Repairs Handicapped Ramp Program m OMB Control No: 2506-0117 (exp. 06/30/2018) Page 59 of 179 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 60 of 179 O d O 0 in N N L) o O O N O M CS O qO O O O Ln O O O d O O O M 0 CO CO L: O Lin 0 u) CO d" N Lf) 80.00% 0 CO M l -z M r-1 c -I Cr) O O O 10497 Cn .ID CO O M O N O O O O O O N L1) O O O in O t s.., v) a¢ Persons Assisted -0 as CD O t 3., v) a¢ Household Housing Unit Other Other cn -CS O s, v) a¢ Public service activities other than Low/Moderate Income Housing Benefit Homeless Person Overnight Shelter Overnight/Emergency Shelter/Transitional Housing Beds added Public service activities other than Low/Moderate Income Housing Benefit Homeowner Housing Rehabilitated o o Public service activities other than Low/Moderate Income Housing Benefit c... ca C.-) -En- c... ca v .. ca v .. ca c..7 sg c... M v .. ca v .. M v «r :3 Q c.) -El- Homeless c a 0 2 Homeless Community Outreach Community Outreach • = ) U a' c) O Non -Housing Community Development Public Services Homeless Assistance Homeless Assistance Homeless Assistance Neighborhood Services Neighborhood Services Neighborhood Services Public Facility Improvements Public Services: Eye of the Needle OMB Control No: 2506-0117 (exp. 06/30/2018) Page 60 of 179 CO N N M 0 1-71 Ln N aA O a) 0 E 0 Rehabilitated Affordable CDBG & HOME Table 1- Accomplishments — Program Year & Strategic Plan to Date a) O .-Zrte-+ O CU 0 = co "o "O O N '0 ›, 0 -0 aS •a=) cl M�bA ' O a) 0 v) al ,0., 0 co O av) 'C s."' lac 0 c� c�C O p x v cn • U w O a v)) cC n a) co 0 O •Ou cu lac) a) >, r, O roL v UO m3 v) W bA O �n x N cc tU ..-.4 O .VI w� CCS 0,...,, 70 cn a) cl te, .EO Oa -- O -rccs� cU 40 N w 4.0 �bo -0 3 •aA 3 co C '0 m o u G1 •} s" ni s� b�A o 0 VI °U' o -o co .— o U O= O O U a) s: cc a--' a) +, a) '5 cn NO cC w a) a) .0 bA O s-, ', w O y0 N N 0 :1, Q. vi cn +, O v) cu n p s:. w •'- O w ,bA E Wa) w CI—. N cC Z O O ,-• p is �. a) +, O o ;- •4 o a) cn , o v0 w OO O� QbA ;. ,cil OO : O w u)CO0�.+, bA Q .- -O +-.U a) .0 V 0 cC.- U O � 0 V) U CZO cC O O O bA CZ V) C7 0 V) L b 75 0 �aa al a) cu 4OO L1. a) a) bA Sa) O+, oEO �O -o ct +, 0 p H? o cn t3.0 w U <1 u. E-4.0 .- -0 c4 L) co o OMB Control No: 2506-0117 (exp. 06/30/2018) Page 61 of 179 CR -10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) Table 2 - Table of assistance to racial and ethnic populations by source of funds Narrative The table above reflects the numbers of beneficiaries by race and ethnicity assisted with HUD - funded programs during the program year. The numbers above show the households and individuals served through housing and non -housing activities. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 6 Page 62 of 179 CDBG HOME White 988 23 Black or African American 981 30 Asian 81 8 American Indian or American Native 87 0 Native Hawaiian or Other Pacific Islander 22 0 Total 2,159 61 Hispanic 17 4 Not Hispanic 2,142 57 Table 2 - Table of assistance to racial and ethnic populations by source of funds Narrative The table above reflects the numbers of beneficiaries by race and ethnicity assisted with HUD - funded programs during the program year. The numbers above show the households and individuals served through housing and non -housing activities. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 6 Page 62 of 179 CR -15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 2,147,977 1,211,252 HOME public - federal 869,860 446,130 Table 3 - Resources Made Available Narrative The amounts listed above are the documented amounts listed in IDIS. However, included in the HOME expended amount is the CHDO payment for the house completed during PY17. Therefore, no accomplishments are shown for CHDO activity in PY18. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 50 35 The project will be done in the city limits. NEIGHBORHOOD REVITALIZATION STRATEGY AREA 50 65 65% of the allocation went to projects located in the Consolidated Urban Revitalization Area (CURA) Table 4 - Identify the geographic distribution and location of investments Narrative The Consolidated Urban Revitalization Area encompasses a majority of the north and central areas of the city. A map of the CURA may be viewed in the attachments. 65% of the funds allocated during PY18 were allocated to projects within the CURA however; it is not a requirement to be in the revitalization area for most programs. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7 Page 63 of 179 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. During the program year CDBG funds were used as match funds for the Lead Hazard Control Grant. A total match commitment of $160,000.00 is required over a three year funding period. Through this match commitment the City secured $2,895,893.00 of Lead Hazard Control funding. During PY18 Lead Hazard Control funds in the amount of $415,323.76 were used to remove Lead Hazards and address health and safety issues in homes that received CDBG Single Family Rehabilitation Program grants. The Waterloo Housing Trust Fund ("WHTF") provided local funding to leverage our CDBG Emergency Repair Program. Funds in the amount of $34,399.00 were spent during the current program year to supplement CDBG emergency projects. WHTF provided homeowners with additional assistance on emergency repairs that exceeded the CDBG $4,000.00 program limit. Fiscal Year Summary - HOME Match 1. Excess match from prior Federal fiscal year 11,958,516 2. Match contributed during current Federal fiscal year 1,000 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 11,959,516 4. Match liability for current Federal fiscal year 53,985 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 11,905,531 Table 5 — Fiscal Year Summary - HOME Match Report OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 8 Page 64 of 179 Match Contribution for the Federal Fiscal Year Total Match O 0 O 1—i- -;O Bond Financing 0 Site Preparation, Construction Materials, Donated labor O Required Infrastructure O Appraised Land/Real Property O Foregone Taxes, Fees, Charges 0 Cash (non -Federal sources) 0 0 0 1-1 Date of Contribution CO 0 N (N1 O 0 Project No. or Other ID Roosevelt Apartments Activity #424 HOME MBE/WBE report Program Income - Enter the program amounts for the reporting period Balance on hand at end of reporting period $ O Amount expended for TBRA $ O Total amount expended during reporting period $ O O 0 r-1 Amount received during reporting period $ ,--1 O Ln Balance on hand at begin-ning of reporting period $ O is) a) 0 bA 0 au OMB Control No: 2506-0117 (exp. 06/30/2018) Page 65 of 179 Minority Business Enterprises and Women Business Enterprises - Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Alaskan Native or American Indian Black Non- Hispanic Hispanic Contracts Black Non- Hispanic Hispanic Dollar Amount Number 0 0 0 0 0 0 0 Number 0 0 0 0 0 0 0 Sub -Contracts 0 0 Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub -Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property - Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 - Minority Owners of Rental Property Relocation and Real Property Acquisition - Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 CAPER OMB Control No: 2506-0117 (exp. 06/30/2018) 10 Page 66 of 179 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 3 3,378 Households Displaced Total Minority Property Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 3 0 0 1 1 1 Cost 3,378 0 0 1,440 1,440 498 Table 10 - Relocation and Real Property Acquisition OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 11 Page 67 of 179 CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle-income persons served. Table 11- Number of Households One -Year Goal Actual Number of Homeless households to be provided affordable housing units 50 302 Number of Non -Homeless households to be provided affordable housing units 0 0 Number of Special -Needs households to be provided affordable housing units 0 0 Total 50 302 Table 11- Number of Households Table 12 - Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. During the program year homeless needs were served above the projected goal through the Salvation Army's Emergency Shelter Programs. The Salvation Army seen a large influx of families in need of assistance due to rising rental costs and simple life challenges that families were not prepared for and were not able to overcome. The HOME funded Deposit Assistance Program was unable to get underway. The TBRA program is currently being re -written. This has taken longer than expected due to lack of staffing. The Deposit Assistance Program will begin in PY19. Our Emergency Repair Program seen a large influx of households in need of emergency assistance. Do OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 12 Page 68 of 179 One -Year Goal Actual Number of households supported through Rental Assistance 20 0 Number of households supported through The Production of New Units 1 0 Number of households supported through Rehab of Existing Units 35 28 Number of households supported through Acquisition of Existing Units 0 0 Total 56 28 Table 12 - Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. During the program year homeless needs were served above the projected goal through the Salvation Army's Emergency Shelter Programs. The Salvation Army seen a large influx of families in need of assistance due to rising rental costs and simple life challenges that families were not prepared for and were not able to overcome. The HOME funded Deposit Assistance Program was unable to get underway. The TBRA program is currently being re -written. This has taken longer than expected due to lack of staffing. The Deposit Assistance Program will begin in PY19. Our Emergency Repair Program seen a large influx of households in need of emergency assistance. Do OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 12 Page 68 of 179 to the large number of applications that were received, funds are being used up quickly and households were being placed on waiting lists. Other problems that have been encountered this program year are a lack of contractors willing to commit to the programs. We currently have 5 registered bidders for our CDBG, HOME and Lead Hazard Control Program contracts. In recent months, only two to three contractors have been returning bids during our bidding process. This causing an overload of contracts on the committed bidder. Contractors are being solicited to become a registered bidder for the programs to increase workloads and maximize competition. Discuss how these outcomes will impact future annual action plans. Future Annual Action Plans will be affected by our current goals and outcomes because as the needs of the community change, CDBG and HOME programs will adjust funding levels in future years to meet those changing needs. Additional dollars from local funds will be used to supplement our Emergency Repair Program. We will continue to implement our Single Family Rehabilitation Program to sustain our affordable housing stock, which remains our highest priority goal. Future Annual Action Plans may be impacted when public services are delayed due to the public service cap of 15%. This could have an adverse effect on other agencies also providing public services being denied funding due to the public service cap. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 9 4 Low-income 18 2 Moderate -income 20 4 Total 47 10 Table 13 - Number of Households Served Narrative Information CDBG- • All forty seven households in the CDBG program with extremely low-income 0%-30% of the area median income, low-income 31%-50% of the area median income, and moderate - income 51%-80% of the area median income received rehabilitation services through the Single Family Rehabilitation Program or the Emergency Repair Program. Both programs fall under the category of rehabilitation. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 13 Page 69 of 179 HOME- • One family with a moderate income, area median income of 51%-60%, became first-time homebuyers. • Four existing homeowners with extremely low -incomes, area median income of 0%-30%, received rehabilitation assistance. • Two existing homeowners with low -incomes, area median income of 31%-50%, received rehabilitation assistance. • Three existing homeowners with moderate -incomes, area median income of 51%-80%, received rehabilitation assistance. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 14 Page 70 of 179 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Salvation Army provides homeless outreach and shelter -based outreach to persons experiencing homelessness. The Salvation Army currently uses the Homeless Management Information System (HMIS) to track, record and store characteristics and service needs of homeless individuals. The HMIS systems link together homeless programs in regional Continuum of Care (CoC). The Community Development staff also attends the Black Hawk County Homeless Coordinating Board meetings to assess the needs of the community. Neighborhood Services also provides outreach to individuals and puts them in tough with emergency services such as food, shelter and counseling. Addressing the emergency shelter and transitional housing needs of homeless persons Homelessness is a top priority in the City of Waterloo. Funding was provided to the Salvation Army to provide shelter and services to homeless individuals. These services help individuals with basic needs to get on track to self-sufficiency. Operation Threshold will also be starting their Deposit Assistance Program assisting low-income renters with security deposits which is often a barrier to securing housing. Other local agencies such as the Waterloo Housing Trust Fund and The Otto Schoitz Foundation also provide funding to prevent homelessness in the city. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Owner Occupied Single Family Rehabilitation and Emergency Repair programs help low income individuals and prevent homelessness by providing necessary repairs to homes that are in need of rehabilitation. The Rehabilitation program is used to sustain the affordable housing stock in the area. The emergency repair program provides homeowners with smaller scale rehabilitation in emergency situations that affect the health and safety of the individuals residing in the home. Emergency repairs can include roofing repair or replacement, furnace repairs or replacement and sewer and water line repairs. These repairs are necessary for homeowners that may not be able to afford the costly repairs and prevent them from becoming homeless. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 15 Page 71 of 179 Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Salvation Army is our best resource for addressing chronically homeless individuals and families. The Salvation Army currently operates a women's and children's shelter as well as a shelter for men. The Salvation Army provides a number of counseling services for mental health, domestic abuse and addiction counseling. Through the use of their HMIS system individuals and services are tracked so chronic homelessness can be addressed. The Salvation Army provides outreach for job training, housing and transportation needs. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 16 Page 72 of 179 CR -30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The Waterloo Housing Authority operates a 50 apartment facility for elderly and disabled income eligible tenants. The City uses the Capital Funds Program as well as Operating Revenue Reserves to make improvements to our public housing site -Ridgeway Towers. In fiscal year 2019, multiple projects were completed at Ridgeway Towers including removing all of the call aid buttons from the facility as they were serving no purpose. There was a large tree removal project as the property contained a number of Ash trees. Due to the Emerald Ash borer the trees were removed for safety. The Waterloo Housing Authority submitted nearly 100% of its 1,042 vouchers to the Public Housing Information System (PIC). 75% of the families served by Section 8 must be very low income to be admitted to the program. There is still a great need for public housing assistance, demonstrated by its one year waiting list with 652 people waiting for assistance. During the Waterloo Housing Authority has committed 5 of its vouchers to an upcoming multifamily subsidized housing project making the voucher project based. Construction began on the 47 unit residential building this summer. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The Waterloo Housing Authority administers a Pre -Purchase Home Ownership class in efforts to increase homeownership opportunities for non-traditional first time home buyers. The Waterloo Housing Authority connects voucher holders interested in homeownership with programs to help them achieve their goals. This service has opened the door to homeownership for low-income households. Greater access to homebuyer education, credit counseling, and available grants and tax credits is made available to a segment of the population that is often overlooked in traditional housing markets. The Section 8 Home Ownership Program permits eligible participants in the Section 8 Housing Choice Voucher Program, including participants with portable vouchers, the option of purchasing a home with the Section 8 assistance rather than renting. The home ownership option is limited to three percent (3%) of the Total Section 8 voucher program budgeted by the PHA in any fiscal year, excluding disabled and elderly families. The program is available to current participants who have completed an initial Section 8 lease term consisting of 12 months; do not owe monies to the City of Waterloo Housing Authority or any other Housing Authority for any outstanding debt, and who meet the eligibility criteria. Additionally, participants who are in violation of their family obligations while receiving Section 8 assistance shall be ineligible for participation in the Section 8 Home Ownership Program. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 17 Page 73 of 179 Actions taken to provide assistance to troubled PHAs The Waterloo Housing Authority is currently designated a high performer through the annual Section Eight Management Assessment Program (SEMAP). SEMAP measures the performance of the public housing agencies that administer the Housing Choice Voucher Program in 14 key areas. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 18 Page 74 of 179 CR -35 - Other Actions 91.220(j) -(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Waterloo continues to provide tax abatement for any property improvements in the Consolidated Urban Revitalization Area (CURA). The CURA provides incentives for existing neighborhood investment and redevelopment. The CURA is eligible for residential, commercial, and industrial on the inner portions of the community. It helps create potential redevelopment opportunities for all types of development. The City's continued use of 657A is used to eliminate blight which becomes an important factor in the revitalization, growth, and the re-creation of parts of Waterloo. Other tax credits for homeowners include low-income credits, veteran's credit, and a homestead credit to help keep housing affordable. Community Development files and pays all fees, permits, and other charges related to its housing projects. Public policies can also have negative effects on the community. For example, low-income homeowners are faced with emergency burdens such as water or sewer main breaks unexpectedly. If the homeowner is unable to get the main break mixed in a timely manner the city will get the work completed and assess the homeowner's taxes. Currently this is the same with sidewalk repairs and other imminent repairs. This type of assessment causes a burden on low- income homeowners. The assessment payment must be paid in addition to the property tax or the property will be sold at a tax sale. If the homeowner is unable to redeem the home the homeowner could be faced with losing their home due to such assessments. Our Emergency Repair Program plays a vital role in preventing homelessness for this very reason. We are able to get the repairs made for the homeowners as a grant or a loan with no tax assessment. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) To serve the housing needs of the underserved, the City of Waterloo has organized the Growing Residential Opportunities in Waterloo Committee (GROW), to discuss the current housing needs and barriers within the City. The GROW Committee meets to discuss the Waterloo housing market and seek unique ways to attract more individuals to live in Waterloo. The GROW Committee, comprised of local realtors, bankers, developers and professionals, are familiar with housing in Waterloo. The committee has been a key factor for the development and re -adoption of the CLURA tax abatement for single-family homes in Waterloo. The GROW committee goals are to increase home ownership, reduce slum and blight in the rental sector and make home ownership possible for low and moderate income families. Neighborhood Services provides fliers and media outlets for neighborhood news and information that needs to be communicated from the city to the neighborhoods. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 19 Page 75 of 179 Language and cultural barriers is also an obstacle to meeting the underserved needs of the community. Community Development provides interpretation services for Hispanic clients through a partnership with the YWCA. In addition, interpretation for services for languages not available from that source is available on a needs basis though the University of Northern Iowa's Language and International Studies Program. Our programs are made known to clients through word of mouth, clients that have been assisted telling their friends and relatives, and newspaper articles throughout the program year highlighting our activities and publishing our budget. In addition, Neighborhood Services disseminates information via local networks that assists clientele in area that may not have access to traditional modes of information like internet, newspapers, TVs or contain language and cultural barriers. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City of Waterloo received a Lead Hazard Control Grant in the amount of $2.9 million dollars to be used over a three-year time span. The funds will be used to provide interim controls and lead abatement activities to 120 homes in Waterloo. The funds will be paired with CDBG funds to provide income eligible owner occupied unit's rehabilitation services along with the interim control and lead abatement services. CDBG is also used for match funding for the Lead Hazard Control Grant. Rental units with tenants that meet the income eligibility requirements may also receive the lead services. The City has partnered with The Black Hawk County Health Department for LIRA and Healthy Homes Assessments and well as Lead Dust Clearance testing. The county is also providing the blood lead level testing for children participating in the program. Lead Safe Practices are used on every rehabilitation project regardless of the funding source. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) The City of Waterloo has a number of action agencies that help reduce the number of poverty families in the community. There are a number of foundations along with Community Development that provide funding to the agencies. Operation Threshold provides services such as housing, energy assistance and WIC. Eye of the Needle provides transportation, hygiene products and work apparel and laundry vouchers. Department of Human Services provides childcare assistance and food assistance to help families become self-sufficient. The Waterloo Housing Authority has been providing case management services to Section 8 assisted families since 1992. Families use the Family Self -Sufficiency (FSS) program to meet goals on a personal action plan developed by the case manager and the client to become economically self-sufficient within five years. The Housing Authority also sponsors Money Smart classes and homeownership vouchers. The Money Smart program combines public education with counseling to help consumers become more money savvy about checking and savings accounts, loan to own OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 20 Page 76 of 179 programs, legitimate borrowing, credit to debt management, and developing an economic plan. Homeownership vouchers assist a tenant by using their voucher to purchase a home. Neighborhood Services meets with a team of leaders from the Cedar Valley to address underemployment in Waterloo. The committee is looking at job programs that will not only provide employment but job training skills to disadvantaged populations. Actions taken to develop institutional structure. 91.220(k); 91.320(j) Waterloo Community Development implements policies and procedures to develop institutional structure. The Community Development Board meets once a month to discuss issues that arise on a case by case basis. Outdated policies are updated; rehabilitation services are discussed and approved. Community updates and Neighborhood Services outreach and issues are also discussed. Staff is present on conference calls and webinars that discuss Federal regulation changes and policy updates. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Waterloo Community Development is involved with a number of committees and foundations that come together to provide funding for services in the community. By uniting the services partnerships are made between the public and private housing and social service agencies. Waterloo Community Development participates in a monthly meeting with the Black Hawk County Health Department to discuss the Lead Hazard Control Program, and community outreach. Waterloo Community Development has also been in attendance at a number of Black Hawk County Landlord Association Meetings. Each year Waterloo hosts a Community Reinvestment Act Workshop. The primary purpose to educate the community more about tools to attract loans, financial services, grants and investments from our local financial institutions. The workshop has hosted a number of topics including: • Building or leasing affordable housing • Providing wealth building services to low-income residents • Offering community services such as daycare, education, healthcare or social services • Delivering economic and job development programs • Community or regional revitalization or stabilization efforts • Providing programs to improve distressed or underserved areas • Extending efforts to revitalize disaster areas OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 21 Page 77 of 179 Sponsors of the event are the Cedar Valley United Way, Federal Reserve Bank of Chicago, Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) • All CDBG and HOME programs help to address the growing mismatch between real income and housing cost (Impediment 2-I2). • The City continues to provide tax abatement to keep housing affordable in the CURA and allow homeowners to make needed home improvements (A3). • The City constructed 2 handicap ramps with its CDBG funding this year. (13) • Staff has developed a comprehensive strategy to meet the market needs of the Limited English Proficiency (LEP) population (Al). • The Waterloo Police Department has a list of translators for various languages, and we have a working relationship with the Waterloo Schools since they have numerous interpreters on staff. The YWCA has a multi-lingual staff member who will provide one-on-one housing counseling for non-English speakers. • The Planning and Zoning Department implemented the GROW Committee comprised of developers, bankers, realtors, Community Development and Planning and Zoning staff that meet to discuss and resolve housing issues. (Al). OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 22 Page 78 of 179 CR -40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements Community Development provides a training session at the start of each program year requiring andatory attendance by all sub recipients. During this training, an overview is provided on the federal requirements, income guidelines, and general information. Each agency is encouraged to "ask before doing" if they are not familiar with federal guidelines. We also incorporated the Outcome Performance Measurement component during this training to help us comply with HUD's desire to better measure the impact of our programs. An on-site monitoring visit is completed with each sub recipient during the program year to ensure continued compliance. During this visit, the project progress, financial information and project files are reviewed to ensure compliance with the HOME rental program. The review also includes verification of marketing materials, income verification of applicants, insurance and audit materials, and other applicable materials to ensure continued compliance. Community Development also conducts an inspection of units for applicable rental programs to ensure that housing quality standards are met. The Housing Quality Standards inspection requirement is completed for the necessary number of units for each property with appropriate notice provided to the resident. When appropriate, efforts between the state and city are combined so inspections are not duplicated. Any identified deficiencies are shared with the sub recipient in a letter and the sub recipient is then required to demonstrate compliance. A follow-up letter is sent to the agency once they are in compliance for their records which includes information on confirmation of the measures they undertook to come into compliance. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Public Hearings are held throughout the program year to provide citizens a chance to comment on projects. Various projects provide a short survey for participants to fill out. We use these surveys and comments to improve individual projects. The draft CAPER, One -Year Action Plan and 5 -Year Consolidated Plan are made available for public review and comment at the Waterloo Community Development Office, the City Clerk's office, and the Waterloo Public Library as well as on the City's website. Notices for the reviews and comment periods are published in the Waterloo/Cedar Falls Courier. In an effort to utilize social media and engage a segment of the public not typically reached through traditional means (e.g. newspaper, print), Community Development also has established a Facebook Page. There is also an option to email comments through the City's OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 23 Page 79 of 179 Website. The Facebook Page has had the added benefit of embedding Community Development within an online social service community. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 24 Page 80 of 179 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. During the past year we have made policy changes to adjust to the changing programs and community needs; however our objectives have not changed. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 25 Page 81 of 179 CR -50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Waterloo Community Development currently monitors 6 sites that have been funded with HOME Investment Partnership funds. Waterloo currently partners with Iowa Finance Authority to inspect the following projects: • Stokes Senior Housing Ventures located at 515 Stokes Dr., Waterloo IA 50703, • Stokes Manor DBA Highland Park Apartments at 1311-1528 Prospect Av., Waterloo IA 50703, • Marsh Place LP at 627 Sycamore Street, Waterloo IA 50703, • Roosevelt Senior Residences at 200 E. Arlington, Waterloo IA 50703, • Liberty Manor Apartments at 119 Kent Circle, Waterloo IA 50703, • Unity Square Townhomes at 100-241 Unity Square, Waterloo IA 50703. Inspection results are listed below: Stokes Senior Housing Venture- 9 units were inspected and the following deficiencies were found: Bathroom GFI outlet is not tripping properly, Kitchen faucet is leaking at the handle, Bedroom closet door is off track, Kitchen faucet is leaking at handle, Smoke alarm in hallway is missing. Liberty Manor- 11 units were inspected and the following deficiencies were found: Smoke alarm in the living room is missing. No working smoke alarm in unit. Kitchen faucet is leaking. Roosevelt Senior Apartments- 5 units were inspected and the following deficiencies were found: Emergency light on the 3rd floor south stairway is not working properly, Ceiling in the computer room has water stains, Fire doors on 2nd floor north stairway are not closing properly and missing strike plate, Ceiling in the 1st floor north stairway has a hole that needs repaired and has water stains, North entry door glass is cracked, Light switch in locked storage closet next to unit 103 is missing cover, Electrical panel in the 1st floor maintenance room is not accessible, Carpet in the 3rd floor corridor is stained, Kitchen faucet is leaking, Bedroom smoke alarm is not working properly. Needs to be replaced with a dual sensor smoke alarm, Carpet throughout the unit has been covered with another carpet which is laying on top of original unattached creating possible trip hazard, Dishwasher is not working, Smoke alarm in living room is not working properly, Kitchen faucet is difficult to turn from side to side, Dishwasher is not working properly, Bottom electrical outlet in the living room at computer desk as a post broken off inside third hole, Recommends replacing smoke alarms as they appear to be more than 10 years old. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 26 Page 82 of 179 Highland Park Apartments- No inspections were completed in this PY. Unity Square Townhomes- No inspections were completed in this PY. Marsh Place- No inspections were completed in this PY. Inspections are competed on these units every other year. Highland Park Apartments is no longer in its affordability period. No additional inspections will be completed. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) All HOME -assisted projects are required to follow Federal regulations regarding income and occupancy in the selection of tenants throughout the affordability period. All projects must have a HOME Tenant Selection Policy/Affirmative Fair Housing Marketing Plan. HOME -assisted projects must market and take action to attract eligible persons in market area without regard to race, color, national origin, sex, religion, familial status, or disability. Many of our HOME -assisted units are located in minority areas and specifically marketed directly toward the African-American community. Marketing and outreach is performed through local service agencies such as The Jesse Cosby Center, Martin Luther King Center, The Waterloo Housing Authority, Human Rights Commission and local churches. These agencies are notified regularly to help fill vacant units. Owners also place ads in the Waterloo/CF Courier when apartments are vacant. HOME -assisted units make marketing to minority groups such as African-American, Hispanic, Bosnian and Asian/Pacific Islander as well as disabled communities a priority in efforts to fill vacant units. All HOME -assisted units must inform the public, and potential tenants about Federal fair housing laws and must use the Equal Housing Opportunity logo on marketing materials and written communications. During monitoring sessions rentals must provide their most current marketing plan unless there is an existing waitlist for those units. When deficiencies of these regulations are identified, they are noted and corrective actions are taken by the sub recipients. The review of the material is conducted during the annual monitoring inspection. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Program income in the amount of $10,007.22 was used on HOME projects during the program year. The funds were used on a Single Family Rehabilitation project located at 2916 W. 9th St. Waterloo, IA 50702. The household consists of two members a white single mother and a child. The OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 27 Page 83 of 179 household income is at 68% of the area median income putting the household in the moderate income bracket. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) Other actions that have been taken to maintain affordable housing include funding Iowa Heartland Habitat for Humanity is the CHDO for the HOME Investment Partnership and provides new construction affordable homes to low income buyers. Single Family Rehabilitation is also available to income eligible home owners in need of assistance. All programs are used to keep homes affordable to low income individuals and families and to preserve the affordable housing stock in the community. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 28 Page 84 of 179 CITY OF WATERLOO Council Communication Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019, and authorizing transmittal to the Iowa Department of Transportation. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Clerk. Office Reviewer Action Date We1dn.er, Michele Approved 9/18/2019 ... 10:46 A.M p:,GAnn. Apap roved 9/18/2019 ... 10:52 AM ATTACHMENTS: Description D FYI112019 Amami Street Reo rr Cot D 2019 A.nnutill. Street f in:nancu, SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Alternative: Type (/over Mem (/over Memo Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019, and authorizing transmittal to the Iowa Department of Transportation. Submitted By: Michelle Weidner, Chief Financial Officer I request that a resolution be adopted approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019 and authorizing the transmittal to the Iowa Department of Transportation. This report summarizes the city's receipts and expenditures relating to streets and is required to be filed with the State of Iowa by Iowa Code Chapter 312, Section 14. If the report isn't approved by council and filed by September 30, the City's road use tax payments will be suspended. This report provides the Iowa Department of Transportation and the Federal Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. Page 85 of 179 Mayor QUENTIN HARM COUNCIL MEMBERS ................... MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SC HMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief'Fircancial Officer Council Communication City Council Meeting: September 23, 2019 Prepared: September 18, 2019 Dept. Head Signature: Michelle Weidner, CFO Number of Attachments: City Street Financial Report C: Jamie Knutson, Interim City Engineer Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Randy Bennett, Public Works Division Manager Sandie Greco, Traffic Superintendent SUBJECT: Annual Financial Report for City Streets for the Fiscal Year Ended June 30, 2019 Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I request that a resolution be adopted approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2019 and authorizing the transmittal to the Iowa Department of Transportation. Summary Statement: This report summarizes the city's receipts and expenditures relating to streets and is required to be filed with the State of Iowa by Iowa Code Chapter 312, Section 14. Expenditure Required: None Source of Funds: N/A Policy Issue: If the report isn't approved by council and filed by September 30, the City's road use tax payments will be suspended. Alternative: N/A Background Information: This report provides the Iowa Department of Transportation and the Federal Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 86 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Cover Sheet Now therefore let it be resolved that the city council WATERLOO , Iowa (City Name) On 09/23/2019 did hereby approve and adopt the annual (month/day/year) City Street Financial Report from July 1, 2018 to June 30, 2019 (Year) Contact Information (Year) 9/18/2019 8:01 AM Fiscal Year 2019 1 of 11 Name E-mail Address Street Address city ZIP Code Michelle Weidner michelle.weidner@waterloo-ia.org 715 Mulberry Street Waterloo, IA 50703-5714 Hours Phone Extension Phone(Altenative) 8 am to 5 pm Monday -Friday 319-291-4323 3009 319-291-4522 Preparer Information Name E-mail Address Phone Extension Michelle Weidner michelle.weidner@waterloo-ia.org 319-291-4323 Mayor Information Name E-mail Address Street Address city ZIP Code Quentin Hart Quentin.Hart@waterloo-ia.org 715 Mulberry Street Waterloo, IA 50703-5714 Phone Extension 319-291-4301 Resolution Number Signature Mayor Signature City Clerk Page 87 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Summary Statement Sheet Column 1 Column 2 Column 3 Column 4 Road use Other Street Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollars A.BEGINNING BALANCE 1. July 1 Balance $6,408,569 $30,575,746 $3467999 $40,452,314 2. Adjustments (Note on Explanation Sheet) $0 $0 $322,521 $322,521' 3. Adjusted Balance $6,408,569', $30,575,746 $3,790,520 $40,774,835 B. REVENUES 1. Road Use Tax $8,837,0791 $4,077,481 $1,756,906 $8,$37,0791 2. Property Taxes 2. Snow and Ice Removal $0 $1,902,258 $1,902,25811 3. Special Assessments E.Construction, Reconstruction and Improvements $0 $0 $0 4. Miscellaneous $18,313,794 $0 $18,313,794 5. Proceeds from Bonds,Notes, and Loans $0 $0 $1,629,600 $1,629,600 6. Interest Earned $15,089,710 $711,859 $0$711,8591 $0 7. Total Revenues (Lines B1 thru B6) $8,837,079 $19,025,653 $3,531,858 $31,394,590 C. Total Funds Available (Line A3 + Line B7) $15,245,648 $49,601,399 $7,322,378 $72,169,425! 9/18/2019 8:01 AM Fiscal Year 2019 2 of 11 Column 1 Column 2 Column 3 Column 4 Road use Other Street Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollars EXPENSES D. Maintenance 1. RoadWay Maintenance $4,077,481 $1,756,906 $0 $5,834,387 2. Snow and Ice Removal $1,576,391 $0 $0 $1,576,391 E.Construction, Reconstruction and Improvements 1. Engineering $888,757 $1,609,002 $284,943!$2,782,7021 2. Right of Way Purchased $0 $0 $0 $0 3. Street/Bridge Construction $0 $14,820,634 $269,076 $15,089,710 4 Traffic Services $0 $0 $243,790 ! $243,790 F. Administration $1,049,003 $651,085 $0$1,700,088 G. Equipment $112,000 $0 $543,683 $655,683 H. Miscellaneous $0 $0 $0 J. street Debt 1. Bonds, Notes and Loans -Principal Paid $0 $0 $1,630,500 $1,630,500 2. Bonds, Notes and Loans - Interest Paid $0 $0 $271,758 $271,758' TOTALS K. Total Expenses (Lines D thru J) $7,703,632 $18,837,627 $3,243,750 $29,785,009' L. Ending Balance (Line C -K) $7,542,016 $30,763,772 $4,078,628 $42,384,416' M. Total Funds Accounted For (K + L = C) $15,245,648 $49,601,399 $7,322,378 $72,169,425 Page 88 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Miscellaneous Revenues and Expenses Sheet 9/18/2019 8:01 AM Fiscal Year 2019 3 of 11 Code Number and Itemization of Miscellaneous Revenues (Line B4 on the Summary Statement Sheet)(See Instructions) Column 2 Other Street Monies Column 3 Street Debt 174 ---Sales Tax / Local Option $10,351,582.00 $0.00 144---FHWA Participation (Fed. Hwy. Admin.) $556,158.00 $0.00 122 ---RISE Funds $199,609.00 $0.00 172 ---Labor & Services $144,778.00 $0.00 191 ---Licenses and Permits $33,825.00 $0.00 110 ---Parking Revenues $156,687.00 $0.00 124 ---Iowa DOT $5,000,000.00 $0.00 173 ---Reimbursement For Damages $15,617.00 $0.00 115 ---Other Governments (misc.) $821,862.00 $0.00 181 ---Junk and Old $1,968.00 $0.00 195 ---Tax Increment Financing (TIF) $558,241.00 $0.00 123 ---Various State Grants $136,998.00 $0.00 143 ---FEMA (Fed. Emergency Mgmt. Admin.) $295,508.00 $0.00 170 ---Reimbursements (misc.) $40,961.00 $0.00 Line B4 Totals $18,313,794.00 $0. 00 Code Number and Itemization of Miscellaneous Expenses (Line H on the Summary Statement Sheet) "On street" parking expenses, street maintenance, buildings, insurance, administrative costs for printing, legal fees,bond fees etc. (See Instructions) Column 2 Other Street Monies Column 3 Street Debt Line H Totals Page 89 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Bonds, Notes and Loans Sheet 9/18/2019 8:01 AM Fiscal Year 2019 4of11 New Bond ? Debt Type Debt Purpose DOT Use Only Issue Date Issue Amount % Related to Street Year Due Principal Balance as of 7/1 Total Principal Paid Total Interest Paid Principal Roads Interest Roads Principal Balance as of 6/30 0 General Obligation Street Improvements 102 06/27/2014 $10,065,000 12 2029 $6,365,000 $835,000 $174,756 5100,200 $20,971 55,530,000 111 General Obligation Street Improvements 103 06/29/2015 $12,455,000 14 2030 $10,195,000 $765,000 $316,531 5107,100 $44,314 $9,430,000 111 General Obligation Street Improvements 104 06/29/2016 $8,605,000 28 2031 $7,195,000 $710,000 $145,100 5198,800 $40,628 $6,485,000 0 General Obligation Paving & Construction 323 06/29/2011 $8,985,000 30 2026 $3,715,000 $1,000,000 $148,600 $300,000 $44,580 $2,715,000! 111 General Obligation Equipment 402 06/28/2012 $8,040,000 38 2027 $4,660,000 $660,000 $96,230 5250,800 $36,567 $4,000,000 111 General Obligation Equipment 403 06/27/2013 $5,835,000 12 2028 $4,090,000 $385,000 $100,738 $46,200 $12,089 53,705,000 0 General Obligation Equipment 404 06/19/2018 $10,505,000 11 2030 $10,505,000 51,090,000 $299,392 $119,900 $32,933 $9,415,000 ❑✓ General Obligation Equipment 405 06/18/2019 $6,790,000 24 2031 $6,790,000 $0 $0 $0 $0 $6,790,000 ❑ General Obligation Storm Sewer 702 06/27/2014 $8,515,000 28 2022 $3,105,000 $1,415,000 $62,100 $396,200 $17,388 $1,690,000 ❑ General Obligation Storm Sewer 703 06/20/2017 $9,245,000 14 2032 $8,155,000 $795,000 $159,200 $111,300 $22,288 $7,360,000 New Bond Totals $6,790,000': $1,629,600 Totals 864,775,000] 87,655,000 81,502,647 81,630,500 5271,758 $57,120,000 Page 90 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Project Final Costs Sheet For construction, reconstruction, and improvement projects with costs equal to or greater than 90% of the bid threshold in effect as the beginning of the fiscal year. Check here if there are no entities for this year Project Final Costs Sheet (Section A) 9/18/2019 8:01 AM Fiscal Year 2019 5of11 1. Project Number 2. Estimated Cost 3. Project Type 4. Public Letting? 5. Location/Project Description (limits, length, size of structure) 784 $4,138,812 SURF Yes FY2011 West Shaulis Road (Ans Ext North) 797 $1,760,102 SURF Yes FY2012 East Donald Street Transportation Improvements 871 $623,950 SURF Yes FY2015 Geraldine Road - Phase!!! 921 $8,865,766 SURF Yes FY2017 Street Reconstruction Program 943 $1,131,278 SURF Yes FY18 Asphalt Overlay Program Project Final Costs Sheet (Section B) 1. Project Number 6. Contractor Name 7. Contract Price 8. Additions/ Deductions 9. Labor 10. Equipment 11. Materials 12. Overhead 13. Total 784 Croell & Subsidiaries, Inc. $3,128,213 $466,430 $0 $0 $0 $0 $3,594,643 797 StickfortConstructionCorp. $1,552,872 $135,461 $0 $0 $0 $0 $1,688,333 871 Benton's Sand & Gravel, Inc. $514,956 $17,653 $0 $0 $0 $0 $532,609 921 Aspro, Inc.& Subsidiaries $7,699,491 $40,077 $0 $0 $0 $0 $7,739,568 943 Aspro, inc. & Subsidiaries $1,226,902 $137,649 $0 $0 $0 $0 $1,364,551' Page 91 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Road/Street Equipment Inventory Sheet 9/18/2019 8:01 AM Fiscal Year 2019 6of11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status S - 191418 2014 Ford F150 Supercab XL- White $24,157 $0 $0 No NOCH S - 191419 2014 Ford F150 Supercab XL - White $24,157 $0 $0 No NOCH S - 191420 2014 Ford F150 Supercab XL - White $23,530 $0 $0 No NOCH S - 191518 2015 Elgin Pelican Street Sweeper $187,104 $0 $0 No NOCH S - 191601 2016 Ford SD F350 1 Ton Pickup - White $49,981 $0 $0 No NOCH S - 191602 2016 Ford SD F350 1 Ton Pickup - White $49,981 $0 $0 No NOCH SE - 2003 Angle Broom Attachment for Deere 260 Skid Loader $5,130 $0 $0 No NOCH 194R02-2 T- 172A02 2002 Ford Ranger $15,127 $0 $0 No NOCH T - 162E01 2002 Ford Econoline 3/4 Ton Van $19,375 $0 $0 No SOLD S - 193608 2004 Freightliner M2106 Yellow Dump Truck $67,962 $0 $0 No NOCH S - 193607 2004 Freightliner M2106 Yellow Dump Truck $67,962 $0 $0 No NOCH S - 193606 2004 Freightliner M2106 Yellow Dump Truck $67,962 $0 $0 No NOCH SE - 1991 Target Pro 65 Cement Saw $8,000 $0 $0 No NOCH 710296 S - 710256 1990 Ingersoll Rand Compressor 185 $8,008 $0 $0 No NOCH SE - 1984 Ferguson 46 Roller $15,000 $0 $0 No SOLD 710370 SE - 2000 Maurer 20' Tandem Trailer $5,365 $0 $0 No NOCH 195L01 S - 194S01 1999 Etnyre Chip Spreader $132,925 $0 $0 No NOCH SE - 1999 JD 310SE Wheel Loader Backhoe w/Tamper Ext $66,400 $0 $0 No NOCH 194G01 SE - 1998 JD 770CH Road Grader $154,900 $0 No NOCH 194605 p9e 92 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Road/Street Equipment Inventory Sheet 9/18/2019 8:01 AM Fiscal Year 2019 7of11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status SE - 1998 JD 770CH Road Grader $154,900 $0 $0 No NOCH 194602 SE - 1998 JD 770CH Road Grader $154,900 $0 $0 No NOCH 194601 S - 193A02 2003 Ford F450-550 White Flatbed Truck $34,092 $0 $0 No NOCH S - 193605 2003 Freightliner FL80 - Dump Truck $75,622 $0 $0 No NOCH S - 194C01 2002 Navistar Model 4700 Chassis w/Tank/Sprayer $88,807 $0 $0 No NOCH S - 193604 2001 IHC 4700 Dump Truck $68,064 $0 $0 No NOCH S - 193603 2001 IHC 4700 Dump Truck - T444E $68,064 $0 $0 No NOCH S - 193601 2000 Freightliner FL70 - Dump Truck $70,334 $0 $0 No NOCH SE - 1999 Tink Bucket Grapple Attachment (for Front End $6,800 $0 $0 No NOCH 197F01 Loaders) S- 192J01 1999 Ford F250 Flatbed Truck $21,617 $0 $0 No NOCH S - 194M01 1998 Ingersoll Rand 9 Wheel Rubber Tire Roller $41,700 $0 $0 No NOCH SE - 1991 Caterpillar Reclaimer $250,000 $0 $0 No NOCH 710260 SE - 1991 Caterpillar Vibrator Roller $50,000 $0 $0 No NOCH 710297 SE- 2004 JD544J End Loader $118,160 $0 $0 No NOCH 194A01 S - 195S10 2004 Elgin Pelican Sweeper Series P $108,275 $0 $0 No NOCH S - 192J02 2005 Ford F350 XLS Dually Truck $20,878 $0 $0 No NOCH S - 192N01 2005 Chevy Colorado 1/2 Ton Truck $15,456 $0 $0 No NOCH SE -194H01- 1998 TC -44H Pincer Bucket Grappler w Plows $25,100 $0 $0 No NOCH 2 S - 193609 2006 Freightliner Truck M2106 $84,565 $0 $0 No NOCH S - 1931310 2006 Freightliner Truck M2106 $84,565 $0 $0 No NOCH Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Road/Street Equipment Inventory Sheet 9/18/2019 8:01 AM Fiscal Year 2019 8of11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status SE - 194M03 2006 Ferguson Static Roller $38,962 $0 $0 No NOCH S - 195511 2004 Elgin Pelican P Dual Street Sweeper $106,000 $0 $0 No NOCH T - 175V01 2004 Ford F750 w/ Aerial $103,027 $0 $0 No NOCH S - 190806 1990 Sno-Go Loader -mount Snowblower $38,143 $0 $0 No NOCH S - 190805 2008 Freightliner Asphalt Patcher M2106 - White $103,783 $0 $0 No NOCH T - 175M04 2008 Pickup Line Striper AL 120 $32,003 $0 $0 No NOCH S - 190901 2009 Freightliner Single Axle Dump Truck M2 106V $111,538 $0 $0 No NOCH S - 190902 2009 Freightliner Single Axle Dump Truck M2 106V $111,538 $0 $0 No NOCH S - 190030 1993 Chevy 1/2 Ton Pickup $10,378 $0 $0 No SOLD SE - 197F01-2 2008 Grapple Bucket for End Loaders $14,950 $0 $0 No NOCH SE - 194A05 2009 John Deere Loader 624K $119,556 $0 $0 No NOCH SE - 190801 2009 John Deere Motor Grader $148,008 $0 $0 No NOCH S - 191001 2010 Intl Tandem Dump Truck w/ anti -icing system $131,533 $0 $0 No NOCH S - 191002 2010 Intl 7300 Single Axle Dump Truck $113,600 $0 $0 No NOCH S - 191003 2010 Intl 7300 Single Axle Dump Truck $113,600 $0 $0 No NOCH S - 191008 2010 Elgin Pelican Street Sweeper $161,261 $0 $0 No NOCH T - 170711 2007 Ford F750 Digger Derrick $122,723 $0 $0 No NOCH S - 191115 2011 Elgin Pelican Street Sweeper $165,352 $0 $0 No NOCH S - 191103 2012 Freightliner M2106V Dump Truck $134,132 $0 $0 No NOCH S - 191104 2012 Freightliner M2106V Dump Truck $134,132 $0 $0 No NOCH Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Road/Street Equipment Inventory Sheet 9/18/2019 8:01 AM Fiscal Year 2019 9of11 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease Cost /Unit 6. Rental Cost /Unit 7. Used On Project this FY? 8. Status S - 191105 2012 Freightliner M2106V Dump Truck $132,109 $0 $0 No NOCH SE - 191118 2011 Crafco Trailer -Mounted Crack Sealer EZ1000EB $36,594 $0 $0 No NOCH S - 191401 2014 Freightliner 108SD Snow Control Truck $130,401 $0 $0 No NOCH S - 191402 2014 Freightliner 108SD Snow Control Truck $130,401 $0 $0 No NOCH SE - 191410 2014 John Deere 770G Grader $193,257 $0 $0 No NOCH SE - 194R02 2000 John Deere 260 Skid Loader with 48" Forks, Snow Plow, Bucket $33,100 $0 $0 No NOCH S - 190050 2000 Ford F250 Pick-up - White $23,402 $0 $0 No NOCH S - 191711 2016 JD655K-II 4WD Loader with Bucket $113,900 $0 $0 No NOCH S - 191608 2017 Freightliner Snow Control Truck $138,452 $0 $0 No NOCH S - 191607 2017 Freightliner Snow Control Truck $138,452 $0 $0 No NOCH T - 11061 2016 Line Lazer IV 5900 with Line Driver HD & Dual Bead System $11,924 $0 $0 No NOCH T - 11062 2016 Line Lazer IV 3900 with Beat Kit (Walk -Behind) $5,568 $0 $0 No NOCH T - 171805 2018 Ford F550 Aerial Boom Truck $126,847 $0 $0 No NOCH S - 191904 2019 Intl 7300 Single Axle Dump Truck $150,964 $0 $0 No NEW S - 191903 2019 Int'I 7300 Single Axle Dump Truck $150,964 $0 $0 No NEW T - 11219 2019 Ford F350 Truck $42,713 $0 $0 No NEW T - 11203 2019 Grand Lazer Paint Machine $5,926 $0 $0 No NEW Page 95 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Explanation Sheet 9/18/2019 8:01 AM Fiscal Year 2019 10 of 11 Comments CITY OF WATERLOO STREET FINANCIAL REPORT FYE2019 CITY NUMBER 8155 SUMMARY SHEET - LINE A2 ADJUSTMENT TO BEGINNING BALANCE, COLUMN 3, STREET DEBT: I. A total of $322,520.69 of bond proceeds previously reported as not attributable to street projects was reallocated to street purposes, as follows: 1. Issue 403 $ 322,521 Total Transfers In $ 322,521 Page 96 of 179 Form 517007 [5-2019} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Monthly Payment Sheet Month Road Use tax Payments July $652,373.15 August $1,034,313.09 September $992,443.66 October $613,154.14 November $766,942.35 December $776,475.65 January $746,357.44 February $739,638.87 March $602,438.71 April $372,295.47 May $824,683.91 June $715,962.09 Totals$8;837,078:53 Page 97 of 179 9/18/2019 8:01 AM Fiscal Year 2019 11 of 11 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration unit garbage truck, in the amount of $240,468. City Council Meeting: 9/23/2019 Prepared: 9/15/2019 REVIEWERS: Department Reviewer Action Date Public Works Department Evens, p:,eA.n.na.Approved 9/11..7/7,019 ... 9:4 ..M Clerk Office i^',ve:�, t:,c�ru�� Approved 9/17/2019... 9:41 A.IM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to approve the purchase of a demonstration unit garbage truck, in the amount of $240,468. Submitted By: Randy Bennett, Public Works Manager Approve Resolution This is an excellent opportunity to purchase another make of truck to replace a Curbtender garbage truck that has been taken out of service. $240,468.00 Sanitation Fund - 525-15-5400-2117 Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 98 of 179 CITY OF WATERLOO Council Communication Resolution approving Acceptance of Improvements of the Ridgeway Development, 1850 W. Ridgeway Avenue, and Village West Subdivision, performed by BC S Properties, LLC, of Cedar Falls, Iowa, and receive and file two-year maintenance bond. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date 1Erog9nee ing Knu:uison, ,11 urnle Approved 9/17/2019 - 3:22 P M IC; Ilerki 0: Itice 1:,cAnnun Approved 9/i8/20l9-l001 A ATTACHMENTS: Description Type D R.inip$ wnayi ev. Vil. age Addufion 1'vi.nn:um ilrnnnsi Cover 1 ern SUBJECT: Resolution approving Acceptance of Improvements of the Ridgeway Development, 1850 W. Ridgeway Avenue, and Village West Subdivision, performed by BCS Properties, LLC, of Cedar Falls, lowa, and receive and file two-year maintenance bond. Submitted by: Submitted By: Dennis J. Gentz, PE, Assistant City Engineer Summary Statement: The improvements required as a condition precedent to the approval of Ridgeway Development and Village West Subdivision, Waterloo, Iowa, namely sanitary sewer serving Ridgeway Development, 1850 W. Ridgeway Avenue, and paving, sanitary sewer, and storm sewer serving Village West Subdivision, have been completed in substantial conformance with the construction plans, standards, and requirements of this office. Page 99 of 179 IMT INSURANCE e MAINTENANCE BOND Bond No, SY95327 KNOW ALL MEN BY THESE PRESENTS, That we, BCS Properties, L.L.C. as Principal, and IMT Insurance Company, a Corporation organized under the laws of the State of Iowa, with principal offices at West Des Moines, Iowa, as Surety, are held and firmly bound unto City of Waterloo (hereinafter called the Obligee), in the penal sum of Four Hundred Eighty-five Thousand Five Hundred Ninety-two and 90/100 ($485,592.90 ) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The said Principal has heretofore entered into a contract with the obligee above named for Provision Parkway- Storm Sewers, Sanitary Sewers, Paving, Storm Intakes, Subdrains, and Gurbs and Gutters WHEREAS, said contract provides that the Principal shall furnish a bond which shall remain in force for a period of Two (2) year(s) from the date of completion of the Project as established by the Engineer or Architect and which shall be conditioned to guarantee against all defects in workrnanship and materials which shall become apparent during said period. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if the Principal shall indemnify the Obligee for all loss that the obligee may sustain by reason of any defective materials or workmanship which shall become apparent during the period of Two (2) year(s) from the date of completion of the Project as established by the Engineer or Architect, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of the said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by certified mail at its home office, 4445 Corporate Drive, West Des Moines, Iowa 50266, promptly and in any event within thirty (30) days after the obligee or his representative shall learn of such default. Signed, sealed and dated this 21st day of January 2019 Countersigned By Resident Ag SY 03 08 (01/19) BCS Properties, L.L.C. IMT Insurance Company Jason Styve, Attorney -in -Fact Page 100 of 179 1MT INSURANCE 0 POWER OF ATTORNEY No. 95327 Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Jason Styve of Cedar Falls and State of Iowa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Four Hundred Eighty-five Thousand Five Hundred Ninety-two and 90/100 ($484,592.90) Dollars and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of IMT Insurance Company on December 18, 1998. ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 21th day of January ;2019 STATE OF IOWA COUNTY OF POLK ss: IMT Insurance Company e�'•: r. • Sean Kennedy, P \54� ; •••.% On this 21th day of January , 2019 , before me appeared Sean Kennedy, to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year first above written. •+ors SETH CARY COMMISSION N0. 783929 MY COMMON Emus Slal a?O Notary Public, Polk County, Iowa CERTIFICATE 1, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 21th day of January , 2019 ,,,," N1 r� \ditika. Dalene Holland, Secretary SY 06 06 (01119) =ay_ fi r'rYf1 Page 101 of 179 Engineer's Statement of Completion Project: Village West Subdivision Waterloo, Iowa Developer: BCS Properties 604 Clay Street Cedar Falls, Iowa To City of Waterloo, Iowa: I hereby state that the construction of the Provision Parkway public improvement portion of the project has been substantially completed in general compliance with the site construction plans. Date: Distribution: Engineer City of Waterloo CLAPSADDLE-GARBER ASSOCIATES, INC. Adam C Daters, P.E. Iowa License No. 19579 CGA PN 5509 2 Page 102 of 179 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $505,000, in conjunction with the Park Avenue and llth Street over Cedar River Bridge Replacements Feasibility Study, and authorizing the Mayor to execute said document. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date 1 ungpnnaee 'nrng Krnuison, 11 ii Appnnov..d 9/17/2019 :09 PM Clerk Office i^',vcna p:,cAnn Apppnoved 9/18/2019 ... 10.00 AM ATTACHMENTS: Description Type D PRnks:nirnd Snidy `pstQannley P' A. Cover Memo D Puukanuli pth worki..,lenient ;.._Staniey PASA. C'cver lemo Backup Material D PVoph ssnonani Services ApppeeriCnent SUBJECT: Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $505,000, in conjunction with the Park Avenue and llth Street over Cedar River Bridge Replacements Feasibility Study, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: GO Bonds Page 103 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services PARK AVE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS FEASIBILITY STUDY CITY OF WATERLOO, IOWA Draft August 26, 2019 The City of Waterloo (CLIENT) proposes replacing the existing Park Avenue and 11`h Street over Cedar River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life. This will be a multiphase contract with three separate phases of work: Feasibility Study, Preliminary and Final Engineering, and Construction Services. This Scope of Work is for preparing a feasibility study phase of the project. PART 1 - BASIC SERVICES CONSULTANT shall perform Basic Services consisting of those described belo 1.1 Project Management 1.1.1 Develop a project schedule and update as required. Proposed project schedule to be developed assuming the Competitive Highway Bridge Program (CHBP) grant schedule will be utilized. 1.1.2 Provide progress reports monthly identifying work completed during previous month, describing upcoming tasks, and documenting information requested from CLIENT. 1.1.3 Coordinate with Iowa Department of Transportation (lowa DOT) Local Systems Bureau as needed throughout project. 1.2 Public Involvement 1.2.1 Develop and maintain social media website for the project through coordination with the CITY. 1.2.1.1 The website will entail designing an online presence capable of handling unrestricted public content distribution with the potential for daily postings. In addition, the site will capture user comments, feedback, and questions. A dedicated social media presence will be included using the following: • Dedicated webhosting provided by a third party such as GoDaddy or BlueHost. • Include the one-time purchase of a dedicated URL (web address) and potential annual renewals. • Construct a database driven website to achieve two-way communication. A WordPress CMS will be installed. • Design the CMS to match any graphical or color needs of the CITY and review the final layout and design with the project team. • Assign a CONSULTANT project team member(s) with editorial access to the CMS to add new content. • Establish an editorial process for new content to meet CITY and CONSUTLANT guidelines. • Coordinate with graphic designer to create site and individual post graphics. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 1 of 9 Page 104 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.2.1.2 If the social media can be shared as a part of CONSULTANT's primary Linkedln, Facebook, and Twitter accounts, those accounts will be added to the CMS for auto posting. If the project requires a stand-alone social media presence, the web designer will create these accounts using handles approved by the project team. 1.2.1.3 Maintain site with continual support as new information is added and removed. 1.2.2 Introduce project at City Council Workshop. Discuss intent for project with CITY prior to beginning Feasibility Study effort. 1.2.3 Present results of Feasibility Report and Preferred Alternative at City Council Workshop. 1.2.4 Conduct early coordination with key stake holders. • For 11th Street bridge, stakeholders to include, but not limited to, Crystal Ice and Powers Manufacturing • For Park Ave bridge, stakeholders to include, bu and Waterloo Development Corporation (WDC). 1.2.5 Attend up to two (2) Public Information meetings to present Preferred Alternative. 1.2.5.1 Up to three (3) members from CONSULTANT to attend meetings. 1.2.5.2 Prepare up to three (3) display exhibits for Public Information Meeting such as the following: • Elevation View of Preferred Alternative showing possible aesthetics • Cross Sections of the proposed structures 1.3 Alternative Funding Sources 1.3.1 If the CITY is unsuccessful with receiving the CHBP grant, the CONSULTANT will identify funding opportunities and submit grant applications as identified. CONSULTANT will investigate local, state and federal funding source opportunities. 1.3.2 Develop a project phasing plan to accommodate funding received. limited to, Main Street Waterloo 1.4 Environmental Clearances. 1.4.1 Proceed with project development assuming a Programmatic Categorical Exclusion or a Categorical Exclusion with a signoff. 1.4.2 Conduct testing of existing materials on the bridge that are known to potentially contain asbestos. Identify if asbestos is present and provide summary report. 1.4.3 Conduct testing of paint system for presence of lead, chromium, or other hazardous substances. Develop a summary report of the contaminant levels. 1.4.4 Contact state and federal regulatory agencies to identify permits and agency approvals required for bridge replacement. 1.4.5 Coordinate with Iowa Department of Transportation (Iowa DOT) Location and Environment Bureau as needed throughout project. 1.5 Conduct Functional Alternative Analysis Workshop (FAAW) 1.5.1 Develop FAAW agenda assuming a two-day workshop with city staff and up to four (4) members from CONSULTANT. 1.5.2 CONSULTANT will lead the 2 -day workshop with a Certified Value Specialist (CVS). Workshop to be two (2) full days in an office setting. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 2 of 9 Page 105 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.5.3 Three (3) additional CONSULTANT team members will attend and participate in the Workshop. Team members will include project manager and subject matter experts in the fields of structures/bridge engineering and roadway geometrics/traffic engineering and project stakeholders as identified by the CITY. 1.5.4 CONSULTANT shall lead the 2 -day workshop following an agenda consistent with the value planning process. 1.5.4.1 City Participants in 2 -day workshop will include those with vested interest in the design scoping and development of this bridge rehabilitation project. City encouraged to provide 4 to 8 participants. 1.5.4.2 CONSULTANT shall lead systematic 5 -step process with workshop participants in accordance with established value methodology. Participants will identify project functions and brainstorm alternative means to achieve selected functions within the allocated budget and construction schedule. Group ranking, and evaluation of alternatives shall include impacts to project scope, cost, schedule, and other key factors. 1.5.4.3 CONSULTANT shall document discussions and track project costs during workshop. 1.5.5 The CONSULTANT will provide a brief Technical Memorandum summarizing the results of the FAAW. This memo will highlight FAAW activities performed and summarize the results of the following goals of the Workshop: • ldentify proposed roadway cross section on bridges. • Develop roadway profile considerations and summarize impacts of each profile option. • ldentify critical path items and develop an estimated construction schedule. • Establish project limits including length and width of roadway impacted by bridge and approach improvements. • ldentify any additional right-of-way needs. 1.5.6 DELIVERABLE Submit FAAW memorandum to CITY for review and concurrence. 1.6 Feasibility Study 1.6.1 Participate in a kickoff meeting with CLIENT to define and clarify requirements for the project and receive available data. Establish design criteria for project. Up to three (3) persons from CONSULTANT will participate in the meeting. 1.6.2 Review available data including: • Bridge inspection reports. • Iowa DOT roadway and bridge design manuals, standards and details. • GIS utility data provided by CITY. • Existing ground surface available through CITY LiDAR mapping. 1.6.3 Conduct surveys appropriate for Feasibility Study level of review: 1.6.3.1 Field Survey 1.6.3.1.1 The survey limits will be within the Park Avenue corridor (from approximately Jefferson Street to Lafayette Street) and within 1 i ' Street corridor (from approximately Commercial Street to Lafayette Street). Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 3 of 9 Page 106 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.3.1.2 Apparent Right -of -Way (ROW) and property lines will be plotted based on available assessors mapping and GIS information. No courthouse or deed research will be completed during Phase 1 of this project. 1.6.3.1.3 Limited survey of the existing bridges will be collected to document existing structure location at each abutment and location and elevation of top of each pier. 1.6.3.1.4 The Horizontal Datum used will be NAD83 Iowa North, State Plane Coordinates. The Vertical Datum used with be NAVD88 (Geoidl2A) 1.6.3.1.5 Primary survey control points and benchmarks will be established at each intersection and at each end of the bridges within the survey limits. 1.6.3.1.6 Limited traffic control will be included in the field survey by the survey field crew as required to conduct work. If long term lane closures or traffic control devices are required, this will be provided by a private traffic control company. A separate cost item is included as part of the fee for $2000 should this be required. 1.6.3.2 Utility Survey 1.6.3.2.1 All visible evidence of private utilities will be collected to include manhole/handhole structures, intakes, poles, risers, meters, and valves. 1.6.3.2.2 Locate old Waterloo Water Works main located near existing Park Ave. bridge. 1.6.3.2.3 Underground utilities will be collected as marked by Iowa One Call locate service. 1.6.3.2.4 Other utilities shown on provided utility mapping will be plotted in approximate locations. 1.6.3.3 Railroad Spur Area Survey 1.6.3.3.1 Top of rail will be collected in this area both on main and side tracks. 1.6.3.3.2 Estimated railroad access permit and railroad flagger costs are included in this scope and fee. 1.6.3.4 River Survey 1.6.3.4.1 Up to five (5) cross sections of the river bottom will be collected. Two (2) cross sections at Park Avenue and three (3) cross sections at 11th Street bridge location. 1.6.3.5 DELIVERABLES: 1.6.3.5.1 All survey data will be delivered in MicroStation/Open Roads format using Iowa DOT coding methods, linework and layers. 1.6.3.5.2 A control / benchmark report will be provided. 1.6.3.5.3 All other information collected during the survey will be provided, including structure photos, site photos, and utility mapping/ownership. 1.6.4 Preliminary Geotechnical Services 1.6.4.1 Perform desktop assessment of anticipated soil and bedrock conditions at each bridge location and will include a review of the following source: • NRCS soil survey, USGS geological survey, aerial photos, bedrock maps, other published data, available as -built flood protection system information, available as - built bridge information, and local project experience. • The desktop assessment will include one site visit to review existing conditions. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 4 of 9 Page 107 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.4.2 Evaluation of up to three (3) bridge foundation alternatives, including one (1) shallow and two (2) deep foundation options. Evaluate with respect to the following criteria: relative construction cost, constructability, construction duration, and risk of potential construction issues. 1.6.4.3 Develop the geotechnical engineering plan for the preferred alternative based on the results of the desktop assessment, evaluation of bridge foundation alternatives, and a conceptual design for the preferred alternative. The following will be developed for each bridge: • Proposed field exploration plan • Proposed laboratory testing plan • Proposed geotechnical engineering services 1.6.4.4 DELIVERABLE: Develop a report with the results of the desktop assessment and evaluation of foundation alternatives summarizing these results, including the proposed geotechnical engineering services for the preferred alternative. 1.6.5 Conduct Traffic Analysis 1.6.5.1 Data Collection 1.6.5.1.1 Obtain available traffic volume data from the City and/or INRCOG relevant to the two corridors (Highway 218 to Franklin Street along both corridors). 1.6.5.1.2 Obtain traffic signal timing plans for all signalized intersections along both corridors. 1.6.5.1.3 Document existing corridor features and operation including speed limits, through and turn lanes (number and dimensions), parking facilities, pedestrian and bicycle facilities, mass transit facilities, access points. 1.6.5.2 Perform Traffic Analysis 1.6.5.2.1 Coordinate initial discussion with City Traffic Engineer, City Engineer, INRCOG, City Complete Streets Advisory Committee to clarify objectives for traffic analysis. 1.6.5.2.2 Coordinate preliminary projections review for each corridor and submitted to the City for approval prior to future capacity analysis. 1.6.5.2.3 Perform capacity analysis on existing conditions using SYNCHRO analysis software. 1.6.5.2.4 Perform future traffic projections using recommendations from the City/INRCOG to calculate future traffic volumes. 1.6.5.2.5 Perform capacity analysis on future conditions. 1.6.5.3 Develop Traffic Recommendations 1.6.5.3.1 Investigate the necessary operation and lanes needed for efficient operation in the future. 1.6.5.3.1.1 Evaluate if one through lane in each direction is adequate for future conditions. 1.6.5.3.1.2 Identify need for turn lanes throughout including intersections. 1.6.5.3.1.3 Provide transition recommendations at both ends of both corridors, particularly if two/three lane operation is recommended. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 5 of 9 Page 108 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.5.3.2 Provide complete streets options to accommodate pedestrians, bicycles, buses, parking, etc. 1.6.5.3.2.1 Attend up to three (3) Complete Street Advisory Meetings to provide project updates. 1.6.5.3.2.2 Include consideration for adding bike signals and/or detection systems. 1.6.5.4 DELIVERABLES: 1.6.5.4.1 1.6.5.4.2 Develop draft traffic analysis report and submit to the CITY. Attend meeting to review with city staff and Complete Streets Advisory Committee. 1.6.5.4.3 Address comments received in the Feasibility Report with corridor layout and operational recommendations. 1.6.6 Investigate Roadway Design Concepts 1.6.6.1 Coordinate with stakeholders at the start of design (engineering, traffic) to clarify goals for concept development. 1.6.6.2 Complete initial alignment study to develop horizontal and vertical alignment options for both corridors. The horizontal alignment at each bridge will closely match the existing alignment. Two vertical profile options will be developed with the following objectives: • Match the existing hydraulic capacity by keeping low chord of proposed superstructure at or above existing structure low chord. • Raise the profile sufficiently to eliminate the need for closure gates allowing the bridge to remain open to traffic during a flood fight. Amount of profile raise to be evaluated. Additional consideration will include accommodating changes to the approach profiles on both ends of each bridge and the impact to access points on the approaches. Conflict with proposed improvements will be identified. 1.6.6.3 Investigate the adjacent riverfront trail system to address connection improvements at both ends of eachbridge. Existing connections to be maintained at a minimum, and improvements to connections will be evaluated. 1.6.6.4 At the east end of the l lth Street bridge, the existing railroad crossing will be evaluated to determine if there are feasible options to either raise or eliminate the crossing to accommodate raising the bridge/roadway profile. 1.6.6.5 Recommendations will include roadway cross section options. Up to three (3) cross section alternatives on the bridge with corresponding options on each approach. Include consideration for the corridor layout with transitions at both ends for ultimate improvement scenarios, which may extend beyond the project limits for future planning purposes. 1.6.6.6 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.7 Evaluate Bridge Alternatives 1.6.7.1 Investigate span arrangement options with consideration for hydraulics, structure depth, existing bridge foundations. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 6 of 9 Page 109 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.7.2 Evaluate up to three (3) replacement structure types. • IowaDOT standard Prestressed Beams • Rolled Steel or Welded Plate Girder • One additional structure type identified during study. 1.6.7.3 Coordinate potential structure types with alignment and vertical profile alternatives to establish roadway profiles meeting the project objective. 1.6.7.4 Include consideration of potential future white -water course at the Park Avenue bridge. 1.6.7.5 Include consideration for improved vertical clearance over bike trail at the Park Avenue bridge. 1.6.7.6 Investigate possible smart bridge component 1.6.7.7 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.8 Investigate Floodwall Improvement Options 1.6.8.1 Evaluate floodwall rehabilitation and replacement options ;under west end of Park Avenue bridge. 1.6.8.2 Develop options for reconfiguring floodwall a1i bridge. 1.6.9 Perform Hydraulic Analysis of alternatives to determine compliance with U.S. Army Corps. Engineers and Iowa DNR requirements for "No -Rise" certification. 1.6.9.1 Update existing HEC -RAS model to include surveyed river cross-sections and existing bridge geometry 1.6.9.2 Create HEC -RAS models of up to three (3) alternatives per bridge to analyze impacts of proposed design on 100 -year and top of levee flood event. 1.6.9.3 Advance coordinating of permitting process with USACE (408 permit) and Iowa DNR (floodplain permit). 1.6.9.4 DELIVERABLE:. Su ent at west end of 11th Street 1.6.10 Lighting 1.6.10.1 Develop potential decorative lighting options including cost estimates. 1.6.10.2 Investigate potential for lighting options of the dam including cost estimates. 1.6.10.3 DELIVERABLE: Include up to three (3) renderings showing lighting alternatives in the Feasibility Report. 1.6.11 Utility Investigation and Improvement Recommendations 1.6.11.1 Utilize results of field survey to conduct utility review to identify conflicts between existing utilities and proposed bridge and roadway improvements. Coordinate with the CITY for any recommended improvements. 1.6.11.2 Complete initial utility coordination, including one meeting/site visit with all existing utilities within or near the project limits. 1.6.11.3 Conduct early coordination with Waterloo Water Works regarding existing main located near existing Park Ave bridge. Identify recommendations for relocation. 1.6.11.4 DELIVERABLE: Summarize results in the Feasibility Report. Include concept layout plans for utility removals, relocations, and improvements. arize results in the Feasibility Report. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 7 of 9 Page 110 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.12 Archaeologic/Historic Evaluation 1.6.12.1 Perform Architectural/Historical Intensive Survey and Evaluation using recommendations from the initial reconnaissance survey for both bridges. Include evaluation along with any buildings over 45 years of age within the outlined corridor that have not been previously surveyed. Services to follow draft guidelines for architectural surveys proposed by the State Historical Society of Iowa. The report will identify any historic properties that are eligible for inclusion in the National Register of Historic Places (NRNP) and if any historic districts are within the current project area. 1.6.12.2 Conduct Archaeological Phase 1 Investigation based on the recommendations of the initial Phase lA Assessment. The fieldwork, evaluation, and summary report will adhere to the archaeological guidelines in Iowa as revised and approved in 2017 by the Association of Iowa Archaeologists. 1.6.12.3 DELIVERABLE: Include summary of evaluation in Feasibility Report. 1.6.13 Coordinate with Canadian Northern RR 1.6.13.1 Develop up to two (2) conceptual exhibits for modifications to the existing track crossing east of the 11`h Street bridge. 1.6.13.2 Attend one meeting with CN RR and/or customers of the spur track to coordinate potential changes to the track. 1.6.13.3 DELIVERABLE: Document any modifications in a Memorandum of Understanding and coordinate to get the concept approved by stakeholders. 1.7 Feasibility Report 1.7.1 Based on the results of the Feasibility Study, identify up to three alternatives to be advanced for detailed evaluation (advanced alternatives). 1.7.2 DELIVERABLE: Develop alternative summary memo to briefly describe the alternatives and submit to CLIENT for concurrence. 1.7.3 Evaluate the advanced alternatives after obtaining CLIENT concurrence. 1.7.3.1 The three alternatives identified, for further evaluation will be combinations of alignments, structure types, roadway cross sections (including bike path/sidewalk details) and other factors such as bridge lighting and bridge aesthetics. 1.7.3.2 Generate cost estimatesfor advanced alternatives. These estimates will include construction cost, potential' ROW acquisition, engineering design, construction administration and observation. Utilize available Iowa DOT unit bid prices for major items to develop budgetary level construction cost estimates. 1.7.3.3 Develop construction duration estimates for advanced alternatives. Include consideration for construction sequence and staging. 1.7.3.4 Review maintenance of traffic options for advanced alternatives. 1.7.3.5 Develop aesthetic details applicable to project, if selected. 1.7.3.6 Prepare figures for purpose of illustrating the advanced alternatives. Figures to provide detail sufficient to differentiate alternatives. Figures will include possible aesthetic details. Figures will depict project limits and possible right-of-way acquisition needs. 1.7.3.7 Report shall include sample photos, if needed, to describe details such as bridge types, aesthetic details, etc. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 8 of 9 Page 111 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.7.3.8 Prepare and submit a Draft Feasibility Study summarizing evaluation process and presenting the advanced alternatives. Recommended alternative will be defined. Single report for both bridge shall be approximately thirty (30) 11" x 17" pages. 1.7.3.9 Participate in one (1) conference call meeting with CLIENT and other key Stakeholders to review and discuss comments on the Draft Feasibility Report. Obtain concurrence regarding preferred alternative. 1.7.3.10 Respond to review comments and update Report as appropriate. 1.7.3.11 Verify preferred alternative is acceptable to Iowa DOT Local Systems Bureau. 1.7.3.12 Update and submit Final Feasibility Report. CONSULTANT's Basic Services will be considered complete on the date when the Final Feasibility Report has been submitted to the CLIENT and accepted. In addition, the City Council meetings and PIM meetings have been completed as directed by the CLIENT. SCHEDULE Kick-off Meeting = Within one month of receiving Notice to Proceed (NTP) Draft Feasibility Report = Within six (6) months of NTP Review Meeting of Draft = Within two (2) months of submitting Draft Feasibility Report Final Feasibility Study = Within one (1) month of Review Meeting Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 9 of 9 Page 112 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services PARK AVE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS FEASIBILITY STUDY CITY OF WATERLOO, IOWA Draft August 26, 2019 The City of Waterloo (CLIENT) proposes replacing the existing Park Avenue and 11`h Street over Cedar River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life. This will be a multiphase contract with three separate phases of work: Feasibility Study, Preliminary and Final Engineering, and Construction Services. This Scope of Work is for preparing a feasibility study phase of the project. PART 1 - BASIC SERVICES CONSULTANT shall perform Basic Services consisting of those described belo 1.1 Project Management 1.1.1 Develop a project schedule and update as required. Proposed project schedule to be developed assuming the Competitive Highway Bridge Program (CHBP) grant schedule will be utilized. 1.1.2 Provide progress reports monthly identifying work completed during previous month, describing upcoming tasks, and documenting information requested from CLIENT. 1.1.3 Coordinate with Iowa Department of Transportation (lowa DOT) Local Systems Bureau as needed throughout project. 1.2 Public Involvement 1.2.1 Develop and maintain social media website for the project through coordination with the CITY. 1.2.1.1 The website will entail designing an online presence capable of handling unrestricted public content distribution with the potential for daily postings. In addition, the site will capture user comments, feedback, and questions. A dedicated social media presence will be included using the following: • Dedicated webhosting provided by a third party such as GoDaddy or BlueHost. • Include the one-time purchase of a dedicated URL (web address) and potential annual renewals. • Construct a database driven website to achieve two-way communication. A WordPress CMS will be installed. • Design the CMS to match any graphical or color needs of the CITY and review the final layout and design with the project team. • Assign a CONSULTANT project team member(s) with editorial access to the CMS to add new content. • Establish an editorial process for new content to meet CITY and CONSUTLANT guidelines. • Coordinate with graphic designer to create site and individual post graphics. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 1 of 9 Page 113 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.2.1.2 If the social media can be shared as a part of CONSULTANT's primary Linkedln, Facebook, and Twitter accounts, those accounts will be added to the CMS for auto posting. If the project requires a stand-alone social media presence, the web designer will create these accounts using handles approved by the project team. 1.2.1.3 Maintain site with continual support as new information is added and removed. 1.2.2 Introduce project at City Council Workshop. Discuss intent for project with CITY prior to beginning Feasibility Study effort. 1.2.3 Present results of Feasibility Report and Preferred Alternative at City Council Workshop. 1.2.4 Conduct early coordination with key stake holders. • For 11th Street bridge, stakeholders to include, but not limited to, Crystal Ice and Powers Manufacturing • For Park Ave bridge, stakeholders to include, bu and Waterloo Development Corporation (WDC). 1.2.5 Attend up to two (2) Public Information meetings to present Preferred Alternative. 1.2.5.1 Up to three (3) members from CONSULTANT to attend meetings. 1.2.5.2 Prepare up to three (3) display exhibits for Public Information Meeting such as the following: • Elevation View of Preferred Alternative showing possible aesthetics • Cross Sections of the proposed structures 1.3 Alternative Funding Sources 1.3.1 If the CITY is unsuccessful with receiving the CHBP grant, the CONSULTANT will identify funding opportunities and submit grant applications as identified. CONSULTANT will investigate local, state and federal funding source opportunities. 1.3.2 Develop a project phasing plan to accommodate funding received. limited to, Main Street Waterloo 1.4 Environmental Clearances. 1.4.1 Proceed with project development assuming a Programmatic Categorical Exclusion or a Categorical Exclusion with a signoff. 1.4.2 Conduct testing of existing materials on the bridge that are known to potentially contain asbestos. Identify if asbestos is present and provide summary report. 1.4.3 Conduct testing of paint system for presence of lead, chromium, or other hazardous substances. Develop a summary report of the contaminant levels. 1.4.4 Contact state and federal regulatory agencies to identify permits and agency approvals required for bridge replacement. 1.4.5 Coordinate with Iowa Department of Transportation (Iowa DOT) Location and Environment Bureau as needed throughout project. 1.5 Conduct Functional Alternative Analysis Workshop (FAAW) 1.5.1 Develop FAAW agenda assuming a two-day workshop with city staff and up to four (4) members from CONSULTANT. 1.5.2 CONSULTANT will lead the 2 -day workshop with a Certified Value Specialist (CVS). Workshop to be two (2) full days in an office setting. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 2 of 9 Page 114 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.5.3 Three (3) additional CONSULTANT team members will attend and participate in the Workshop. Team members will include project manager and subject matter experts in the fields of structures/bridge engineering and roadway geometrics/traffic engineering and project stakeholders as identified by the CITY. 1.5.4 CONSULTANT shall lead the 2 -day workshop following an agenda consistent with the value planning process. 1.5.4.1 City Participants in 2 -day workshop will include those with vested interest in the design scoping and development of this bridge rehabilitation project. City encouraged to provide 4 to 8 participants. 1.5.4.2 CONSULTANT shall lead systematic 5 -step process with workshop participants in accordance with established value methodology. Participants will identify project functions and brainstorm alternative means to achieve selected functions within the allocated budget and construction schedule. Group ranking, and evaluation of alternatives shall include impacts to project scope, cost, schedule, and other key factors. 1.5.4.3 CONSULTANT shall document discussions and track project costs during workshop. 1.5.5 The CONSULTANT will provide a brief Technical Memorandum summarizing the results of the FAAW. This memo will highlight FAAW activities performed and summarize the results of the following goals of the Workshop: • ldentify proposed roadway cross section on bridges. • Develop roadway profile considerations and summarize impacts of each profile option. • ldentify critical path items and develop an estimated construction schedule. • Establish project limits including length and width of roadway impacted by bridge and approach improvements. • ldentify any additional right-of-way needs. 1.5.6 DELIVERABLE Submit FAAW memorandum to CITY for review and concurrence. 1.6 Feasibility Study 1.6.1 Participate in a kickoff meeting with CLIENT to define and clarify requirements for the project and receive available data. Establish design criteria for project. Up to three (3) persons from CONSULTANT will participate in the meeting. 1.6.2 Review available data including: • Bridge inspection reports. • Iowa DOT roadway and bridge design manuals, standards and details. • GIS utility data provided by CITY. • Existing ground surface available through CITY LiDAR mapping. 1.6.3 Conduct surveys appropriate for Feasibility Study level of review: 1.6.3.1 Field Survey 1.6.3.1.1 The survey limits will be within the Park Avenue corridor (from approximately Jefferson Street to Lafayette Street) and within 1 i ' Street corridor (from approximately Commercial Street to Lafayette Street). Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 3 of 9 Page 115 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.3.1.2 Apparent Right -of -Way (ROW) and property lines will be plotted based on available assessors mapping and GIS information. No courthouse or deed research will be completed during Phase 1 of this project. 1.6.3.1.3 Limited survey of the existing bridges will be collected to document existing structure location at each abutment and location and elevation of top of each pier. 1.6.3.1.4 The Horizontal Datum used will be NAD83 Iowa North, State Plane Coordinates. The Vertical Datum used with be NAVD88 (Geoidl2A) 1.6.3.1.5 Primary survey control points and benchmarks will be established at each intersection and at each end of the bridges within the survey limits. 1.6.3.1.6 Limited traffic control will be included in the field survey by the survey field crew as required to conduct work. If long term lane closures or traffic control devices are required, this will be provided by a private traffic control company. A separate cost item is included as part of the fee for $2000 should this be required. 1.6.3.2 Utility Survey 1.6.3.2.1 All visible evidence of private utilities will be collected to include manhole/handhole structures, intakes, poles, risers, meters, and valves. 1.6.3.2.2 Locate old Waterloo Water Works main located near existing Park Ave. bridge. 1.6.3.2.3 Underground utilities will be collected as marked by Iowa One Call locate service. 1.6.3.2.4 Other utilities shown on provided utility mapping will be plotted in approximate locations. 1.6.3.3 Railroad Spur Area Survey 1.6.3.3.1 Top of rail will be collected in this area both on main and side tracks. 1.6.3.3.2 Estimated railroad access permit and railroad flagger costs are included in this scope and fee. 1.6.3.4 River Survey 1.6.3.4.1 Up to five (5) cross sections of the river bottom will be collected. Two (2) cross sections at Park Avenue and three (3) cross sections at 11th Street bridge location. 1.6.3.5 DELIVERABLES: 1.6.3.5.1 All survey data will be delivered in MicroStation/Open Roads format using Iowa DOT coding methods, linework and layers. 1.6.3.5.2 A control / benchmark report will be provided. 1.6.3.5.3 All other information collected during the survey will be provided, including structure photos, site photos, and utility mapping/ownership. 1.6.4 Preliminary Geotechnical Services 1.6.4.1 Perform desktop assessment of anticipated soil and bedrock conditions at each bridge location and will include a review of the following source: • NRCS soil survey, USGS geological survey, aerial photos, bedrock maps, other published data, available as -built flood protection system information, available as - built bridge information, and local project experience. • The desktop assessment will include one site visit to review existing conditions. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 4 of 9 Page 116 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.4.2 Evaluation of up to three (3) bridge foundation alternatives, including one (1) shallow and two (2) deep foundation options. Evaluate with respect to the following criteria: relative construction cost, constructability, construction duration, and risk of potential construction issues. 1.6.4.3 Develop the geotechnical engineering plan for the preferred alternative based on the results of the desktop assessment, evaluation of bridge foundation alternatives, and a conceptual design for the preferred alternative. The following will be developed for each bridge: • Proposed field exploration plan • Proposed laboratory testing plan • Proposed geotechnical engineering services 1.6.4.4 DELIVERABLE: Develop a report with the results of the desktop assessment and evaluation of foundation alternatives summarizing these results, including the proposed geotechnical engineering services for the preferred alternative. 1.6.5 Conduct Traffic Analysis 1.6.5.1 Data Collection 1.6.5.1.1 Obtain available traffic volume data from the City and/or INRCOG relevant to the two corridors (Highway 218 to Franklin Street along both corridors). 1.6.5.1.2 Obtain traffic signal timing plans for all signalized intersections along both corridors. 1.6.5.1.3 Document existing corridor features and operation including speed limits, through and turn lanes (number and dimensions), parking facilities, pedestrian and bicycle facilities, mass transit facilities, access points. 1.6.5.2 Perform Traffic Analysis 1.6.5.2.1 Coordinate initial discussion with City Traffic Engineer, City Engineer, INRCOG, City Complete Streets Advisory Committee to clarify objectives for traffic analysis. 1.6.5.2.2 Coordinate preliminary projections review for each corridor and submitted to the City for approval prior to future capacity analysis. 1.6.5.2.3 Perform capacity analysis on existing conditions using SYNCHRO analysis software. 1.6.5.2.4 Perform future traffic projections using recommendations from the City/INRCOG to calculate future traffic volumes. 1.6.5.2.5 Perform capacity analysis on future conditions. 1.6.5.3 Develop Traffic Recommendations 1.6.5.3.1 Investigate the necessary operation and lanes needed for efficient operation in the future. 1.6.5.3.1.1 Evaluate if one through lane in each direction is adequate for future conditions. 1.6.5.3.1.2 Identify need for turn lanes throughout including intersections. 1.6.5.3.1.3 Provide transition recommendations at both ends of both corridors, particularly if two/three lane operation is recommended. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 5 of 9 Page 117 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.5.3.2 Provide complete streets options to accommodate pedestrians, bicycles, buses, parking, etc. 1.6.5.3.2.1 Attend up to three (3) Complete Street Advisory Meetings to provide project updates. 1.6.5.3.2.2 Include consideration for adding bike signals and/or detection systems. 1.6.5.4 DELIVERABLES: 1.6.5.4.1 1.6.5.4.2 Develop draft traffic analysis report and submit to the CITY. Attend meeting to review with city staff and Complete Streets Advisory Committee. 1.6.5.4.3 Address comments received in the Feasibility Report with corridor layout and operational recommendations. 1.6.6 Investigate Roadway Design Concepts 1.6.6.1 Coordinate with stakeholders at the start of design (engineering, traffic) to clarify goals for concept development. 1.6.6.2 Complete initial alignment study to develop horizontal and vertical alignment options for both corridors. The horizontal alignment at each bridge will closely match the existing alignment. Two vertical profile options will be developed with the following objectives: • Match the existing hydraulic capacity by keeping low chord of proposed superstructure at or above existing structure low chord. • Raise the profile sufficiently to eliminate the need for closure gates allowing the bridge to remain open to traffic during a flood fight. Amount of profile raise to be evaluated. Additional consideration will include accommodating changes to the approach profiles on both ends of each bridge and the impact to access points on the approaches. Conflict with proposed improvements will be identified. 1.6.6.3 Investigate the adjacent riverfront trail system to address connection improvements at both ends of eachbridge. Existing connections to be maintained at a minimum, and improvements to connections will be evaluated. 1.6.6.4 At the east end of the l lth Street bridge, the existing railroad crossing will be evaluated to determine if there are feasible options to either raise or eliminate the crossing to accommodate raising the bridge/roadway profile. 1.6.6.5 Recommendations will include roadway cross section options. Up to three (3) cross section alternatives on the bridge with corresponding options on each approach. Include consideration for the corridor layout with transitions at both ends for ultimate improvement scenarios, which may extend beyond the project limits for future planning purposes. 1.6.6.6 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.7 Evaluate Bridge Alternatives 1.6.7.1 Investigate span arrangement options with consideration for hydraulics, structure depth, existing bridge foundations. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 6 of 9 Page 118 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.7.2 Evaluate up to three (3) replacement structure types. • IowaDOT standard Prestressed Beams • Rolled Steel or Welded Plate Girder • One additional structure type identified during study. 1.6.7.3 Coordinate potential structure types with alignment and vertical profile alternatives to establish roadway profiles meeting the project objective. 1.6.7.4 Include consideration of potential future white -water course at the Park Avenue bridge. 1.6.7.5 Include consideration for improved vertical clearance over bike trail at the Park Avenue bridge. 1.6.7.6 Investigate possible smart bridge component 1.6.7.7 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.8 Investigate Floodwall Improvement Options 1.6.8.1 Evaluate floodwall rehabilitation and replacement options ;under west end of Park Avenue bridge. 1.6.8.2 Develop options for reconfiguring floodwall a1i bridge. 1.6.9 Perform Hydraulic Analysis of alternatives to determine compliance with U.S. Army Corps. Engineers and Iowa DNR requirements for "No -Rise" certification. 1.6.9.1 Update existing HEC -RAS model to include surveyed river cross-sections and existing bridge geometry 1.6.9.2 Create HEC -RAS models of up to three (3) alternatives per bridge to analyze impacts of proposed design on 100 -year and top of levee flood event. 1.6.9.3 Advance coordinating of permitting process with USACE (408 permit) and Iowa DNR (floodplain permit). 1.6.9.4 DELIVERABLE:. Su ent at west end of 11th Street 1.6.10 Lighting 1.6.10.1 Develop potential decorative lighting options including cost estimates. 1.6.10.2 Investigate potential for lighting options of the dam including cost estimates. 1.6.10.3 DELIVERABLE: Include up to three (3) renderings showing lighting alternatives in the Feasibility Report. 1.6.11 Utility Investigation and Improvement Recommendations 1.6.11.1 Utilize results of field survey to conduct utility review to identify conflicts between existing utilities and proposed bridge and roadway improvements. Coordinate with the CITY for any recommended improvements. 1.6.11.2 Complete initial utility coordination, including one meeting/site visit with all existing utilities within or near the project limits. 1.6.11.3 Conduct early coordination with Waterloo Water Works regarding existing main located near existing Park Ave bridge. Identify recommendations for relocation. 1.6.11.4 DELIVERABLE: Summarize results in the Feasibility Report. Include concept layout plans for utility removals, relocations, and improvements. arize results in the Feasibility Report. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 7 of 9 Page 119 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.12 Archaeologic/Historic Evaluation 1.6.12.1 Perform Architectural/Historical Intensive Survey and Evaluation using recommendations from the initial reconnaissance survey for both bridges. Include evaluation along with any buildings over 45 years of age within the outlined corridor that have not been previously surveyed. Services to follow draft guidelines for architectural surveys proposed by the State Historical Society of Iowa. The report will identify any historic properties that are eligible for inclusion in the National Register of Historic Places (NRNP) and if any historic districts are within the current project area. 1.6.12.2 Conduct Archaeological Phase 1 Investigation based on the recommendations of the initial Phase lA Assessment. The fieldwork, evaluation, and summary report will adhere to the archaeological guidelines in Iowa as revised and approved in 2017 by the Association of Iowa Archaeologists. 1.6.12.3 DELIVERABLE: Include summary of evaluation in Feasibility Report. 1.6.13 Coordinate with Canadian Northern RR 1.6.13.1 Develop up to two (2) conceptual exhibits for modifications to the existing track crossing east of the 11`h Street bridge. 1.6.13.2 Attend one meeting with CN RR and/or customers of the spur track to coordinate potential changes to the track. 1.6.13.3 DELIVERABLE: Document any modifications in a Memorandum of Understanding and coordinate to get the concept approved by stakeholders. 1.7 Feasibility Report 1.7.1 Based on the results of the Feasibility Study, identify up to three alternatives to be advanced for detailed evaluation (advanced alternatives). 1.7.2 DELIVERABLE: Develop alternative summary memo to briefly describe the alternatives and submit to CLIENT for concurrence. 1.7.3 Evaluate the advanced alternatives after obtaining CLIENT concurrence. 1.7.3.1 The three alternatives identified, for further evaluation will be combinations of alignments, structure types, roadway cross sections (including bike path/sidewalk details) and other factors such as bridge lighting and bridge aesthetics. 1.7.3.2 Generate cost estimatesfor advanced alternatives. These estimates will include construction cost, potential' ROW acquisition, engineering design, construction administration and observation. Utilize available Iowa DOT unit bid prices for major items to develop budgetary level construction cost estimates. 1.7.3.3 Develop construction duration estimates for advanced alternatives. Include consideration for construction sequence and staging. 1.7.3.4 Review maintenance of traffic options for advanced alternatives. 1.7.3.5 Develop aesthetic details applicable to project, if selected. 1.7.3.6 Prepare figures for purpose of illustrating the advanced alternatives. Figures to provide detail sufficient to differentiate alternatives. Figures will include possible aesthetic details. Figures will depict project limits and possible right-of-way acquisition needs. 1.7.3.7 Report shall include sample photos, if needed, to describe details such as bridge types, aesthetic details, etc. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 8 of 9 Page 120 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.7.3.8 Prepare and submit a Draft Feasibility Study summarizing evaluation process and presenting the advanced alternatives. Recommended alternative will be defined. Single report for both bridge shall be approximately thirty (30) 11" x 17" pages. 1.7.3.9 Participate in one (1) conference call meeting with CLIENT and other key Stakeholders to review and discuss comments on the Draft Feasibility Report. Obtain concurrence regarding preferred alternative. 1.7.3.10 Respond to review comments and update Report as appropriate. 1.7.3.11 Verify preferred alternative is acceptable to Iowa DOT Local Systems Bureau. 1.7.3.12 Update and submit Final Feasibility Report. CONSULTANT's Basic Services will be considered complete on the date when the Final Feasibility Report has been submitted to the CLIENT and accepted. In addition, the City Council meetings and PIM meetings have been completed as directed by the CLIENT. SCHEDULE Kick-off Meeting = Within one month of receiving Notice to Proceed (NTP) Draft Feasibility Report = Within six (6) months of NTP Review Meeting of Draft = Within two (2) months of submitting Draft Feasibility Report Final Feasibility Study = Within one (1) month of Review Meeting Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements - Feasibility Study Page 9 of 9 Page 121 of 179 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of September 23, 2019, between CITY OF WATERLOO (CLIENT) and STANLEY CONSULTANTS, INC. (CONSULTANT). CLIENT intends to prepare Feasibility Study for Replacement of Park Avenue and 11th Street Bridges over the Cedar River (hereinafter called "project"). CLIENT and CONSULTANT agree: 1. Scope of Services. CONSULTANT shall perform professional services as stated in Exhibit 1. 2. Compensation. CLIENT shall compensate CONSULTANT for CONSULTANT's services as stated in Exhibit 2. 3. Terms and Conditions. CONSULTANT shall provide professional services in accordance with the terms and conditions stated in Exhibit 3. If client issues a purchase order or other document to initiate the commencement of services hereunder, it is agreed that any terms and conditions appearing thereon shall have no application and only the provisions of this Agreement shall automatically apply. 4. CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 5. Following exhibits are attached to and made part of this Agreement: Exhibit 1 - Scope of Services Exhibit 2 - Compensation Exhibit 3 - Standard Terms and Conditions IN WITNESS WHEREOF, the parties below have executed this Agreement as of the day and year first above written. STANLEY CONSULTANTS, INC. Attest: Daniel R. Fullerton, PE Client Service Manage Wendy Diekema Address for giving notices: 100 COURT AVENUE SUITE 300 DES MOINES, IA 50309-2200 CITY OF WATERLOO By: Attest: Address for giving notices: 715 MULBERRY STREET WATERLOO, IOWA 50703 If CLIENT is a public body, attach evidence of authority to sign and resolution or other document authorizing execution of AGREEMENT. G B D\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAven ue& 11 thStreetB ridge \5_Fee_P roposal\PSA\PSA_W aterl ooB ri dgeRepl acem ents Feasi bil ityStu dy_35676.docx SC2272 1299 Page 122 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services PARK AVENUE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS FEASIBILITY STUDY CITY OF WATERLOO, IOWA The City of Waterloo (CLIENT) proposes replacing the existing Park Avenue and 11' Street over Cedar River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life. This will be a multiphase contract with three separate phases of work: Feasibility Study, Preliminary and Final Engineering, and Construction Services. This Scope of Work is for preparing a feasibility study phase of the project. PART 1 - BASIC SERVICES CONSULTANT shall perform Basic Services consisting of those described below. 1.1 Project Management 1.1.1 Develop a project schedule and update as required. Proposed project schedule to be developed assuming the Competitive Highway Bridge Program (CHBP) grant schedule will be utilized. 1.1.2 Provide progress reports monthly identifying work completed during previous month, describing upcoming tasks, and documenting information requested from CLIENT. 1.1.3 Coordinate with Iowa Department of Transportation (Iowa DOT) Local Systems Bureau as needed throughout project. 1.2 Public Involvement 1.2.1 Develop and maintain social media website for the project through coordination with the CITY. 1.2.1.1 The website will entail designing an online presence capable of handling unrestricted public content distribution with the potential for daily postings. In addition, the site will capture user comments, feedback, and questions. A dedicated social media presence will be included using the following: • Dedicated webhosting provided by a third party such as GoDaddy or BlueHost. • Include the one-time purchase of a dedicated URL (web address) and potential annual renewals. • Construct a database driven website to achieve two-way communication. A WordPress Content Management System (CMS) will be installed. • Design the CMS to match any graphical or color needs of the CITY and review the final layout and design with the project team. • Assign a CONSULTANT project team member(s) with editorial access to the CMS to add new content. • Establish an editorial process for new content to meet CITY and CONSUTLANT guidelines. • Coordinate with graphic designer to create site and individual post graphics. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&11thStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 1 of 9 Page 123 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.2.1.2 If the social media can be shared as a part of CONSULTANT's primary Linkedln, Facebook, and Twitter accounts, those accounts will be added to the CMS for auto posting. If the project requires a stand-alone social media presence, the web designer will create these accounts using handles approved by the project team. 1.2.1.3 Maintain site with continual support as new information is added and removed. 1.2.2 Introduce project at City Council Workshop. Discuss intent for project with CITY prior to beginning Feasibility Study effort. 1.2.3 Present results of Feasibility Report and Preferred Alternative at City Council Workshop. 1.2.4 Conduct early coordination with key stake holders. • For 11th Street bridge, stakeholders to include, but not limited to, Crystal Ice and Powers Manufacturing. • For Park Ave bridge, stakeholders to include, but not limited to, Main Street Waterloo and Waterloo Development Corporation (WDC). 1.2.5 Attend up to two (2) Public Information meetings to present Preferred Alternative. 1.2.5.1 Up to three (3) members from CONSULTANT to attend meetings. 1.2.5.2 Prepare up to three (3) display exhibits for Public Information Meeting such as the following: • Elevation View of Preferred Alternative showing possible aesthetics • Cross Sections of the proposed structures 1.3 Competitive Highway Bridge Program Grant Coordination 1.3.1 CONSULTANT shall participate in up to three (3) conference calls with the CITY and IowaDOT to coordinate this project for compliance with CHBP grant requirements. 1.4 Environmental Clearances 1.4.1 Proceed with project development assuming a Programmatic Categorical Exclusion or a Categorical Exclusion with a signoff. 1.4.2 Conduct testing of existing materials on the bridge that are known to potentially contain asbestos. Identify if asbestos is present and provide summary report. 1.4.3 Conduct testing of paint system for presence of lead, chromium, or other hazardous substances. Develop a summary report of the contaminant levels. 1.4.4 Perform a desktop threatened and endangered species investigation. 1.4.5 Perform a desktop wetlands review to verify if any wetlands could be impacted by construction. 1.4.6 Contact state and federal regulatory agencies to identify permits and agency approvals required for bridge replacement. 1.4.7 Coordinate with Iowa Department of Transportation (Iowa DOT) Location and Environment Bureau throughout project. 1.5 Conduct Functional Alternative Analysis Workshop (FAAW) 1.5.1 Develop FAAW agenda assuming a two-day workshop with city staff and up to four (4) members from CONSULTANT. 1.5.2 CONSULTANT will lead the 2 -day workshop with a Certified Value Specialist (CVS). Workshop to be two (2) full days in an office setting. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 2 of 9 Page 124 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.5.3 Three (3) additional CONSULTANT team members will attend and participate in the Workshop. Team members will include project manager and subject matter experts in the fields of structures/bridge engineering and roadway geometrics/traffic engineering and project stakeholders as identified by the CITY. 1.5.4 CONSULTANT shall lead the 2 -day workshop following an agenda consistent with the value planning process. • City Participants in 2 -day workshop will include those with vested interest in the design and development of this bridge rehabilitation project. City encouraged to provide 4 to 8 participants. • CONSULTANT shall lead systematic 5 -step process with workshop participants in accordance with established value methodology. Participants will identify project functions and brainstorm alternative means to achieve selected functions within the allocated budget and construction schedule. Group ranking, and evaluation of alternatives shall include impacts to project scope, cost, schedule, and other key factors. • CONSULTANT shall document discussions and track project costs during workshop. 1.5.5 The CONSULTANT will provide a Technical Memorandum summarizing the results of the FAAW. This memo will highlight FAAW activities performed and summarize the results of the following goals of the Workshop: • Identify proposed roadway cross section on bridges. • Develop roadway profile options and summarize impacts of each profile option. • Identify critical path items and develop an estimated construction schedule. • Establish project limits including length and width of roadway impacted by bridge and approach improvements. • Identify any additional right-of-way needs. 1.5.6 DELIVERABLE: Submit FAAW memorandum to CITY for review and concurrence. 1.6 Feasibility Study 1.6.1 Participate in a kickoff meeting with CLIENT to define and clarify requirements for the project and receive available data. Establish design criteria for project. Up to three (3) persons from CONSULTANT will participate in the meeting. 1.6.2 Review available data including: • Bridge inspection reports. • Iowa DOT roadway and bridge design manuals, standards and details. • GIS utility data provided by CITY. • Existing ground surface available through CITY LiDAR mapping. 1.6.3 Conduct surveys appropriate for Feasibility Study level of review: 1.6.3.1 Field Survey • The survey limits will be within the Park Avenue corridor (from approximately Jefferson Street to Lafayette Street) and within 11t1 Street corridor (from approximately Commercial Street to Lafayette Street). GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 3 of 9 Page 125 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services • Apparent Right -of -Way (ROW) and property lines will be plotted based on available assessors mapping and GIS information. No courthouse or deed research will be completed during Phase 1 of this project. • Limited survey of the existing bridges will be collected to document existing structure location at each abutment and location and elevation of top of each pier. • The Horizontal Datum used will be NAD83 Iowa North, State Plane Coordinates. The Vertical Datum used with be NAVD88 (Geoidl2A) • Primary survey control points and benchmarks will be established at each intersection and at each end of the bridges within the survey limits. • Limited traffic control will be included in the field survey by the survey field crew as required to conduct work. If long term lane closures or traffic control devices are required, this will be provided by a private traffic control company. A separate cost item is included as part of the fee for $2000 should this be required. 1.6.3.2 Utility Survey • All visible evidence of private utilities will be collected to include manhole/handhole structures, intakes, poles, risers, meters, and valves. • Locate old Waterloo Water Works main located near existing Park Ave. bridge. • Underground utilities will be collected as marked by Iowa One Call locate service. • Other utilities shown on provided utility mapping will be plotted in approximate locations. 1.6.3.3 Railroad Spur Area Survey • Top of rail will be collected in this area both on main and side tracks. • Estimated railroad access permit and railroad flagger costs are included in this scope and fee. 1.6.3.4 River Survey • Up to five (5) cross sections of the river bottom will be collected. Two (2) cross sections at Park Avenue and three (3) cross sections at 1 1th Street bridge location. 1.6.3.5 DELIVERABLES: • All survey data will be delivered in MicroStation/Open Roads format using Iowa DOT coding methods, linework and layers. • A control / benchmark report will be provided. • All other information collected during the survey will be provided, including structure photos, site photos, and utility mapping/ownership. 1.6.4 Preliminary Geotechnical Services 1.6.4.1 Perform desktop assessment of anticipated soil and bedrock conditions at each bridge location and will include a review of the following source: • NRCS soil survey, USGS geological survey, aerial photos, bedrock maps, other published data, available as -built flood protection system information, available as - built bridge information, and local project experience. • The desktop assessment will include one site visit to review existing conditions. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 4 of 9 Page 126 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.4.2 Evaluation of up to three (3) bridge foundation alternatives, including one (1) shallow and two (2) deep foundation options. Evaluate with respect to the following criteria: relative construction cost, constructability, construction duration, and risk of potential construction issues. 1.6.4.3 Develop the geotechnical engineering plan for the preferred alternative based on the results of the desktop assessment, evaluation of bridge foundation alternatives, and a conceptual design for the preferred alternative. The following will be developed for each bridge: • Proposed field exploration plan • Proposed laboratory testing plan • Proposed geotechnical engineering services 1.6.4.4 DELIVERABLE: Develop a report with the results of the desktop assessment and evaluation of foundation alternatives summarizing these results, including the proposed geotechnical engineering services for the preferred alternative. 1.6.5 Conduct Traffic Analysis 1.6.5.1 Data Collection • Obtain available traffic volume data from the City and/or INRCOG relevant to the two corridors (Highway 218 to Franklin Street along both corridors). • Obtain traffic signal timing plans for all signalized intersections along both corridors. • Document existing corridor features and operation including speed limits, through and turn lanes (number and dimensions), parking facilities, pedestrian and bicycle facilities, mass transit facilities, access points. 1.6.5.2 Perform Traffic Analysis • Coordinate initial discussion with City Traffic Engineer, City Engineer, INRCOG, City Complete Streets Advisory Committee to clarify objectives for traffic analysis. • Coordinate preliminary projections review for each corridor and submitted to the City for approval prior to future capacity analysis. • Perform capacity analysis on existing conditions using SYNCHRO analysis software. • Perform future traffic projections using recommendations from the City/TNRCOG to calculate future traffic volumes. • Perform capacity analysis on future conditions. 1.6.5.3 Develop Traffic Recommendations • Investigate the necessary operation and lanes needed for efficient operation in the future. • Evaluate if one through lane in each direction is adequate for future conditions. • Identify need for turn lanes throughout including intersections. • Provide transition recommendations at both ends of both corridors, particularly if two/three lane operation is recommended. • Provide complete streets options to accommodate pedestrians, bicycles, buses, parking, etc. • Attend up to three (3) Complete Street Advisory Meetings to provide project updates. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 5 of 9 Page 127 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services • Include consideration for adding bike signals and/or detection systems. 1.6.5.4 DELIVERABLES: • Develop draft traffic analysis report and submit to the CITY. • Attend meeting to review with city staff and Complete Streets Advisory Committee. • Address comments received in the Feasibility Report with corridor layout and operational recommendations. 1.6.6 Investigate Roadway Design Concepts 1.6.6.1 Coordinate with stakeholders at the start of project (engineering, traffic) to clarify goals for concept development. 1.6.6.2 Complete initial alignment study to develop horizontal and vertical alignment options for both corridors. The horizontal alignment at each bridge will closely match the existing alignment. Two vertical profile options will be developed with the following objectives: • Match the existing hydraulic capacity by keeping low chord of proposed superstructure at or above existing structure low chord. • Raise the profile sufficiently to eliminate the need for closure gates allowing the bridge to remain open to traffic during a flood fight. Amount of profile raise to be evaluated. Additional consideration will include accommodating changes to the approach profiles on both ends of each bridge and the impact to access points on the approaches. Conflict with proposed improvements will be identified. 1.6.6.3 Investigate the adjacent riverfront trail system to address connection improvements at both ends of each bridge. Existing connections to be maintained at a minimum, and improvements to connections will be evaluated. 1.6.6.4 At the east end of the 1 l th Street bridge, the existing railroad crossing will be evaluated to determine if there are feasible options to either raise or eliminate the crossing to accommodate raising the bridge/roadway profile. 1.6.6.5 Recommendations will include roadway cross section options. Up to three (3) cross section alternatives on the bridge with corresponding options on each approach. Include consideration for the corridor layout with transitions at both ends for ultimate improvement scenarios, which may extend beyond the project limits for future planning purposes. 1.6.6.6 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.7 Evaluate Bridge Alternatives 1.6.7.1 Investigate span arrangement options with consideration for hydraulics, structure depth, existing bridge foundations. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 6 of 9 Page 128 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.7.2 Evaluate up to three (3) replacement structure types. • IowaDOT standard Prestressed Beams • Rolled Steel or Welded Plate Girder • One additional structure type identified during study. 1.6.7.3 Coordinate potential structure types with alignment and vertical profile alternatives to establish roadway profiles meeting the project objective. 1.6.7.4 Include consideration of potential future white -water course at the Park Avenue bridge. 1.6.7.5 Include consideration for improved vertical clearance over bike trail at the Park Avenue bridge. 1.6.7.6 Investigate possible smart bridge components. 1.6.7.7 DELIVERABLE: Summarize results in the Alternative Summary Memo and Feasibility Report. 1.6.8 Investigate Floodwall Improvement Options 1.6.8.1 Evaluate floodwall rehabilitation and replacement options under west end of Park Avenue bridge. 1.6.8.2 Develop options for reconfiguring floodwall alignment at west end of 11th Street bridge. 1.6.9 Perform Hydraulic Analysis of alternatives to determine compliance with U.S. Army Corps. Engineers and Iowa DNR requirements for "No -Rise" certification. 1.6.9.1 Update existing HEC -RAS model to include surveyed river cross-sections and existing bridge geometry 1.6.9.2 Create HEC -RAS models of up to three (3) alternatives per bridge to analyze impacts of proposed design on 100 -year and top of levee flood event. 1.6.9.3 Advance coordinating of permitting process with USACE (408 permit) and Iowa DNR (floodplain permit). 1.6.9.4 DELIVERABLE: Summarize results in the Feasibility Report. 1.6.10 Lighting 1.6.10.1 Develop potential decorative lighting options including cost estimates. 1.6.10.2 Investigate potential for lighting options of the dam including cost estimates. 1.6.10.3 DELIVERABLE: Include up to three (3) renderings showing lighting alternatives in the Feasibility Report. 1.6.11 Utility Investigation and Improvement Recommendations 1.6.11.1 Utilize results of field survey to conduct utility review to identify conflicts between existing utilities and proposed bridge and roadway improvements. Coordinate with the CITY for any recommended improvements. 1.6.11.2 Complete initial utility coordination, including one meeting/site visit with all existing utilities within or near the project limits. 1.6.11.3 Conduct early coordination with Waterloo Water Works regarding existing main located near existing Park Ave bridge. Identify recommendations for relocation. 1.6.11.4 DELIVERABLE: Summarize results in the Feasibility Report. Include concept layout plans for utility removals, relocations, and improvements. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 7 of 9 Page 129 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.6.12 Archaeologic/Historic Evaluation 1.6.12.1 Perform Architectural/Historical Intensive Survey and Evaluation using recommendations from the initial reconnaissance survey for both bridges. Include evaluation along with any buildings over 45 years of age within the outlined corridor that have not been previously surveyed. Services to follow draft guidelines for architectural surveys proposed by the State Historical Society of Iowa. The report will identify any historic properties that are eligible for inclusion in the National Register of Historic Places (NRNP) and if any historic districts are within the current project area. 1.6.12.2 Conduct Archaeological Phase 1 Investigation based on the recommendations of the initial Phase 1 A Assessment. The fieldwork, evaluation, and summary report will adhere to the archaeological guidelines in Iowa as revised and approved in 2017 by the Association of Iowa Archaeologists. 1.6.12.3 DELIVERABLE: Include summary of evaluation in Feasibility Report. 1.6.13 Coordinate with Canadian Northern RR 1.6.13.1 Develop up to two (2) conceptual exhibits for modifications to the existing track crossing east of the 11' Street bridge. 1.6.13.2 Attend one meeting with CN RR and/or customers of the spur track to coordinate potential changes to the track. 1.6.13.3 DELIVERABLE: Document any modifications in a Memorandum of Understanding and coordinate to get the concept approved by stakeholders. 1.7 Feasibility Report 1.7.1 Based on the results of the Feasibility Study, identify up to three alternatives to be advanced for detailed evaluation (advanced alternatives). 1.7.2 DELIVERABLE: Develop alternative summary memo to briefly describe the alternatives and submit to CLIENT for concurrence. 1.7.3 Evaluate the advanced alternatives after obtaining CLIENT concurrence. 1.7.3.1 The three alternatives identified for further evaluation will be combinations of alignments, structure types, roadway cross sections (including bike path/sidewalk details) and other factors such as bridge lighting and bridge aesthetics. 1.7.3.2 Generate cost estimates for advanced alternatives. These estimates will include construction cost, potential ROW acquisition, engineering design, construction administration and observation. Utilize available Iowa DOT unit bid prices for major items to develop budgetary level construction cost estimates. 1.7.3.3 Develop construction duration estimates for advanced alternatives. Include consideration for construction sequence and staging. 1.7.3.4 Review maintenance of traffic options for advanced alternatives. 1.7.3.5 Develop aesthetic details applicable to project, if selected. 1.7.3.6 Prepare figures for purpose of illustrating the advanced alternatives. Figures to provide detail sufficient to differentiate alternatives. Figures will include possible aesthetic details. Figures will depict project limits and possible right-of-way acquisition needs. 1.7.3.7 Report shall include sample photos, if needed, to describe details such as bridge types, aesthetic details, etc. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 8 of 9 Page 130 of 179 Stanley Consultants INC. Exhibit 1 Scope of Services 1.7.3.8 Prepare and submit a Draft Feasibility Study summarizing evaluation process and presenting the advanced alternatives. Recommended alternative will be defined. Single report for both bridge shall be approximately thirty (30) 11" x 17" pages. 1.7.3.9 Participate in one (1) conference call meeting with CLIENT and other key Stakeholders to review and discuss comments on the Draft Feasibility Report. Obtain concurrence regarding preferred alternative. 1.7.3.10 Respond to review comments and update Report as appropriate. 1.7.3.11 Verify preferred alternative is acceptable to Iowa DOT Local Systems Bureau. 1.7.3.12 Update and submit Final Feasibility Report. CONSULTANT's Basic Services will be considered complete on the date when the Final Feasibility Report has been submitted to the CLIENT and accepted. In addition, the City Council meetings and PIM meetings have been completed as directed by the CLIENT. SCHEDULE Kick-off Meeting = Within one month of receiving Notice to Proceed (NTP) Draft Feasibility Report = Within six (6) months of NTP Review Meeting of Draft = Within two (2) weeks of submitting Draft Feasibility Report Final Feasibility Study = Within two (2) weeks of Review Meeting GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&1 lthStreetBridge\5_Fee_Proposal\PSA\Exhibit 1_Scope of Services Page 9 of 9 Page 131 of 179 EXHIBIT 2 COMPENSATION Stanley Consultants INC. PARK AVENUE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS FEASIBILITY STUDY CITY OF WATERLOO, IOWA COMPENSATION FOR BASIC SERVICES CLIENT shall compensate CONSULTANT for CONSULTANT'S BASIC SERVICES included in EXHIBIT 1 — SCOPE OF SERVICES on an Hourly Basis for Labor plus Reimbursable Expenses a Not - to -Exceed amount Five Hundred and Five Thousand dollars (505,000.00) in accordance with the current "Hourly Fees and Charges Fiscal Year 2019-2020" (Form BC_C 19-20) subject to revision on or after April 1 of each year unless other compensation is agreed upon prior to performance of the services. The following table shows a breakdown of compensation for completing each task for Basic Services described in Exhibit 1 - Scope of Services: Task Compensation 1. Engineering Services $339,000 2. Field Investigations, Surveys, Railroad Permit, and Testing Services $158,500 3. Project Expenses $7,500 TOTAL $505,000 COMPENSATION FOR ADDITIONAL SERVICES Compensation for ADDITIONAL SERVICES performed by CONSULTANT shall be performed on an Hourly Basis for Labor plus Reimbursable Expenses in accordance with the current "Hourly Fees and Charges Fiscal Year 2019-2020" (Form BC_C 19-20) subject to revision on or after April 1 of each year unless other compensation is agreed upon prior to performance of the services. GBD\Proposals\Transportation\Waterloo_Cityof_IA\35676_ParkAvenue&11 thStreetBridge\5_Fee_Proposal\PSA\Exhibit 2 Compensation Page 1 of 1 Page 132 of 179 1. CLIENT'S RESPONSIBILITIES 1.1 Name CLIENT's representative with authority to receive information and transmit instructions for CLIENT. 1.2 Provide CLIENT's requirements for project, including objectives and constraints, design and construction standards, bonding and insurance requirements, and contract forms. 1.3 Provide available information pertinent to project upon which CONSULTANT may rely. 1.4 Arrange for access by CONSULTANT upon public and private property, as required. 1.5 Examine documents presented by CONSULTANT, obtain legal and other advice as CLIENT deems appropriate, and render written decisions within reasonable time. 1.6 Obtain consents, approvals, licenses, and permits necessary for project. 1.7 Advertise for and open bids when scheduled. 1.8 Provide services necessary for project but not within scope of CONSULTANT's services. 1.9 Indemnify CONSULTANT, its employees, agents, and consultants against claims arising out of CONSULTANT's design, if there has been a deviation from the design beyond the CONSULTANT'S control or failure to follow CONSULTANT's recommendation and such deviation or failure caused the claims. 1.10 Promptly notify CONSULTANT when CLIENT learns of contractor error or any development that affects scope or timing of CONSULTANT's services. 1.11 Nothing in this agreement shall create a fiduciary duty between the parties. 2. PERIOD OF SERVICE 2.1 CONSULTANT is not responsible for delays due to factors beyond its control. 2.2 If CLIENT compensation for CONSULTANT's appropriately. requests changes in project, and time of performance of services shall be adjusted 3. CONSTRUCTION COST AND COST ESTIMATES 3.1 Construction Cost. Construction cost means total cost of entire project to CLIENT, except for CONSULTANT's compensation and expenses, cost of land, rights-of-way, legal and accounting services, insurance, financing charges, and other costs which SC 3810 IA R6 1/18 Standard Terms and Conditions Exhibit 3 are CLIENT's responsibility as provided in this Agreement. 3.2 Cost Estimates. Since CONSULTANT has no control over cost of labor, materials, equipment or services furnished by others, over contractors' methods of determining prices, or over competitive bidding or market conditions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the construction industry. CONSULTANT does not guarantee that proposals, bids, or actual construction cost will not vary from its estimates of project cost. 4. GENERAL 4.1 Termination. 4.1.1 Either party may terminate their obligation to provide further services upon twenty (20) days' written notice, after substantial default by other party through no fault of terminating party. 4.1.2 CLIENT may terminate CONSULTANT's obligation to provide further services upon twenty (20) days' written notice if project is abandoned. In such event, progress payments due to CONSULTANT for services rendered plus unpaid reimbursable to expenses, shall constitute total compensation due. 4.2 Reuse of Documents. 4.2.1 All tangible items prepared by CONSULTANT are instruments of service, and CONSULTANT retains all copyrights. CLIENT may retain copies for reference, but reuse on another project without CONSULTANT's written consent is prohibited. CLIENT will indemnify CONSULTANT, its employees, agents, and consultants against claims resulting from such prohibited reuse. Said items are not intended to be suitable for completion of this project by others. 4.2.2 Submittal or distribution of items in connection with project is not publication in derogation of CONSULTANT's rights. 4.2.3 Confidentiality. Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party ("Confidential Information"). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the agreement except as may be required by a court or governmental authority. CLIENT and CONSULTANT shall keep all information and communications related Page 133 of 179 to the project confidential in the same manner each party protects its own confidential information, to the extent that it is marked "proprietary" or "confidential or with a similar label or which by the nature of the information generally would be regarded as proprietary or confidential. This clause shall not apply to information that is previously known by either party, lawfully becomes public knowledge, or is required to be disclosed by law or a court order. 4.3 Payment. 4.3.1 CONSULTANT shall submit a monthly statement for services rendered and reimbursable expenses incurred. CLIENT shall make prompt monthly payments. 4.3.2 If CLIENT fails to make payment within thirty (30) days after receipt of statement, interest at maximum legal rate or at a rate of 18%, whichever is less, shall accrue; and, in addition, CONSULTANT may, after giving seven (7) days' written notice, suspend services until it has been paid in full all amounts due it. 4.3.3 CLIENT has provided or shall provide for payment from one or more lawful sources of all sums to be paid to CONSULTANT. 4.3.4 CONSULTANT's compensation shall not be reduced on account of any amounts withheld from payments to contractors. 4.3.5 If services performed by CONSULTANT are subject to state or local sales taxes, said taxes will be reflected in the invoices and remitted according to state law. If CLIENT claims a status that would make the transaction exempt, then CLIENT shall provide appropriate proof of exempt status to CONSULTANT. 4.4 Controlling Law. Agreement shall be governed by Iowa law, excluding its choice of law rules. 4.5 Successors and Assigns. 4.5.1 The parties bind themselves, their successors, and legal representatives to the other party and to successors and legal representatives of such other party, in respect to all covenants and obligations of this Agreement. 4.5.2 Neither party shall assign, sublet, or transfer any interest in this Agreement without written consent of the other, provided CONSULTANT may employ such independent consultants, associates, and subcontractors as it may deem appropriate. 4.5.3 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the parties. SC 3810 IA R6 1/18 Standard Terms and Conditions Exhibit 3 4.6 CONSULTANT's Accounting Records. Records of CONSULTANT's personnel time, reimbursable expenses, and accounts between parties shall be kept on a generally -recognized accounting basis. 4.7 Separate Provisions. If any provisions of this Agreement shall be held to be invalid or unenforceable, remaining provisions shall be valid and binding. 4.8 Waiver. No waiver shall constitute a waiver of any subsequent breach. 4.9 Warranty. 4.9.1 CONSULTANT shall use reasonable care to reflect requirements of all applicable laws, rules, or regulations of which CONSULTANT has knowledge or about which CLIENT specifically advises in writing, which are in effect on date of Agreement. CONSULTANT INTENDS TO RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS, BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. CLIENT's rights and remedies in this Agreement are exclusive. 4.9.2 CONSULTANT shall not be responsible for contractors' construction means, methods, techniques, sequences, or procedures, or for contractors' safety precautions and programs, or for contractors' failure to perform according to contract documents. 4.9.3 The CONSULTANT believes that any computer software provided under this Agreement is suitable for the intended purpose, however, it does not warrant the suitability, merchantability, or fitness for a particular purpose of this software. 4.9.4 Subject to the standard of care set forth in Paragraph 4.9.1, CONSULTANT and its Subconsultants may use or rely upon design elements, work, and information ordinarily or customarily furnished by others, including, but not limited to, CLIENT or his authorized representatives, public record, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4.9.5 If the Scope of Services include the review or recommendation of available technologies or recommendations of specific technologies or vendors or systems, the CONSULTANT will conduct an impartial review of such technologies, systems or vendors. The CONSULTNT is not responsible for the selection of same by the Client or for the usability, or results of such technology, vendor or system. 4.10 Period of Repose. Any applicable statute of limitations or repose shall commence to run and any alleged cause of action shall be deemed to have Page 134 of 179 accrued not later than completion of services to be performed by CONSULTANT. 4.11 Indemnification. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT, CLIENT's officers, directors, partners, employees, and agents from and against any and all third party claims for bodily injury and for damage to tangible property to the extent caused by the negligent acts or omissions of CONSULTANT or CONSULTANT's officers, directors, partners, employees, agents, and CONSULTANT's consultants in the performance and furnishing of CONSULTANT's services under this Agreement. Any indemnification shall be limited to the terms and amounts of coverage of the CONSULTANT's insurance policies and Section 4.12, Limitation of Liability. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT, CONSULTANT's officers, directors, partners, employees, and agents and CONSULTANT's consultants from and against any and all third party claims for bodily injury and for damage to tangible property to the extent caused by the negligent acts or omissions of CLIENT or CLIENT's officers, directors, partners, employees, agents, and CLI ENT's consultants with respect to this Agreement on the Project. In addition to the indemnity provided under this section, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT and its officers, directors, partners, employees, and agents and CONSULTANT's consultants from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of asbestos, PCBs, petroleum, hazardous waste, or radioactive material at, on, under, or from the Project site. 4.12 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE CONSULTANT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUBCONSULTANTS), TO CLIENT AND ANYONE CLAIMING BY, THROUGH OR UNDER CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, OR WARRANTEES EXPRESSED OR IMPLIED, OF CONSULTANT OR CONSULTANT'S CONSULTANTS, SHALL NOT EXCEED $300,000.00 SC 3810 IA R6 1/18 Standard Terms and Conditions Exhibit 3 OR THE TOTAL COMPENSATION RECEIVED BY CONSULTANT, WHICHEVER IS GREATER. THIS LIMITATION INCLUDES LIABILITY UNDER SECTION 4.11. IN NO EVENT SHALL CONSULTANT BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. CONSULTANT SHALL NOT BE LIABLE FOR ANY CONSENQUENTIAL OR INDIRECT DAMAGES THAT ARISE OUT OF ITS PERFORMANCE ON THIS PROJECT. 4.13 Extent of Agreement. This Agreement represents the entire agreement between the parties and may be amended only by written instrument signed by both parties. 4.14 INSURANCE. CONSULTANT shall purchase and maintain insurance for the coverages and for not less than the limits of liability set forth below: (a) Workers' Compensation: workers' compensation insurance as required by the laws of the states or countries with jurisdiction of the services to be performed, including employer's liability insurance, with a limit of $1,000,000 per accident. (b) Commercial General Liability: commercial general liability, including coverage for all premises, operations, operations of independent contractors, products and completed operations, and contractual liability. Coverage shall have limits of not less than $1,000,000 for each occurrence and aggregate. (c) Commercial Automobile Liability: commercial automobile liability covering the use of all owned, non - owned, and hired automobiles with minimum combined single limits of $1,000,000. (d) Professional Liability: professional liability insurance for claims arising out of performance of professional services caused by any negligent error, omission, or act for which the insured is legally liable, with a minimum limit of $1,000,000, to be kept in force for two (2) years after completion of project. CONSULTANT shall provide certificates or other evidence from insurance carriers of the required insurance coverages, if requested by CLIENT in writing within 30 days of start of performance. All insurance except workers' compensation and professional liability shall designate CLIENT as additional insured. (e) Cyber Liability: Data Breach and Privacy/Cyber Liability Insurance in a limit of not less than $1,000,000 per occurrence. 4.15 Subrogation Waiver. The parties waive all rights against each other, and against contractors, consultants, agents, and employees of the other for damages covered by any property insurance during construction, and each shall require similar waivers from their contractors, consultants, and agents. 4.16 Force Majeure. Parties will not be liable for delays in delivery or for failure to perform obligations, Page 135 of 179 other than payment, due to causes beyond their reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, or war. CONSULTANT's time for delivery or performance will be automatically extended by the period of such delay or CONSULTANT may, at its option, cancel any services, in whole or in part, without liability by giving notice to CLIENT. 4.17 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. When applicable, the CONSULTANT and SUBCONSULTANT shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a), 60-741.5(a) and Appendix A of Subpart A of 29 CFR 471. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime CONSULTANTS and SUBCONSULTANTS take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. SC 3810 IA R6 1/18 Standard Terms and Conditions Exhibit 3 Page 136 of 179 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $109,500, for design services to delineate wetlands along Martin Luther King Jr. Drive, and authorizing the Mayor to execute said document. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date 1 ung inee...'nrng Knutson, jai Approved 9/18/2019 . 9: n2 AM Clerk Office i^',vcna i:,LAnn..Approved 9/18/2019 -9:/ / AM ATTACHMENTS: Description D MILK Weth:nrn i r:rig SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure R equired: Source of Funds: AEC(:) \4: PSA A. Type Cover Menlo Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $109,500, for design services to delineate wetlands along Martin Luther King Jr. Drive, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer This is for design work to delineate wetlands along Martin Luther King Jr. Drive in order to continue developing the area. $109,500 TIFF Page 137 of 179 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO MARTIN LUTHER KING JR. DRIVE/NORTHEAST INDUSTRIAL PARK WETLAND MITIGATION PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLI ENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 138 of 179 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 139 of 179 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of One Hundred Nine Thousand Five Hundred Dollars ($109,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 140 of 179 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 141 of 179 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. Page 142 of 179 AECOM (b) This Agreement shall be governed by the laws of the State of Iowa. Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: September 17, 2019 Page 143 of 179 CITY OF WATERLOO, IOWA MARTIN LUTHER KING JR. DRIVE/NORTHEAST INDUSTRIAL PARK WETLAND MITIGATION EXHIBIT A A. PROJECT DESCRIPTION The project consists of preparing mitigation concept, plans, specifications and contract documents for preliminary and final design for the wetland mitigation at the site identified by the US Army Corps of Engineers as Wetlands 2, 4, 8 and A in the City of Waterloo. The approximate sizes of the wetlands are as follows: Wetland 2 - 2.87 acres, Wetland 4 - 2.73 acres of fen and 2.99 acres of upland buffer, Wetland 8 - 0.84 acre, and Wetland A - 5.14 acres. ATS will provide engineering assistance to the CLIENT for preparation of applicable permits and coordination with both the US Army Corps of Engineers and Iowa Department of Natural Resources (Iowa DNR). B. SCOPE OF SERVICES The Scope of Services for Phase 1 Design Services to be performed shall be completed in accordance with generally accepted standards of practice. ATS will utilize the Statewide Urban Design and Specifications (SUDAS) and engineer -provided technical specifications for this project. The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide wetland mitigation, subsurface exploration and final design and bidding services for the project defined above. The Scope of Services is further defined as follows: Wetland Mitigation Site Tasks 1 - 3. Wetland Mitigation Services. These tasks will be provided by Stantec Consulting Services, Inc., and relate to the additional wetland services that are needed for a submittal to the Corps of Engineers as part of a Section 404 Permit application. The Scope of Services provided by Stantec is further defined by the following tasks: Task 1 - Wetland Mitigation Concept. The project wetland scientist will review available US Army Corps of Engineers information sent to the CLIENT, aerial photographs, ground level survey, hydrologic data, soil survey information and previous wetland delineations and use the information in these sources to assist in development of a concept to mitigate for losses to the four identified wetlands. The final product will be a wetland mitigation concept suitable for submission to the US Army Corps of Engineers as part of a Section 404 Permit application. The concept will include the types, location and acreage of wetlands to be created or restored, a general layout of the site and a preliminary vegetation planting list. Task 2 - Wetland Boundary Delineation. This task includes a wetland boundary delineation for the area at the southwest corner of Martin Luther King Jr. Drive and Bishop Avenue and the proposed yard waste site. The project wetland scientist will conduct an on-site determination of wetland boundaries. This work will include a field assessment of surface hydrology, observations of soil features and a plant community characterization. Wetland boundaries identified in the field will be mapped using a Global Positioning System (GPS). The GPS data will be transferred to aerial photography. The presence of any other Water of the U.S. located within the project corridor will also be determined. Page 144 of 179 Task 3 - Wetland Delineation Report. A report of the wetland findings will be prepared and will be suitable for submittal to the Corps of Engineers as part of a Section 404 Permit application. Soil Borings and Geotechnical Engineering Tasks 4 - 5. Soil Borings and Subsurface Exploration Report. These tasks will be completed by Terracon Consultants and relate to the soil determination needed for reconstruction of the wetlands. The following tasks are included in this scope: Task 4 - Soil Borings. Soil borings will be obtained to determine the subsurface condition of the identified wetland. The number and depth of borings, as well as the number and type of samples obtained, will be sufficient to complete the geotechnical engineering and recommendations for the project. It is anticipated that one soil boring will be obtained per acre of wetland for Wetlands 2, 4, 8 and A. Borings will be completed as follows: Wetland 2 will have three borings, Wetland 4 will have six borings, Wetland 8 will have one boring, and Wetland A will have five borings. Task 5 - Subsurface Exploration Report. The subsurface exploration will include the necessary laboratory testing, classifications and geotechnical analysis required to classify soil samples in general accordance with the Unified Soil Classification System. The purpose of this task is to obtain data regarding the subsurface conditions relating to soil analysis, earthwork and subsurface drainage. In addition to the soil borings and laboratory testing, the geotechnical engineering and CADD services under this task will include: • Computer -Generated Boring Logs • One Report Summarizing the Information Reviewed and Conditions Encountered If safety allows, the boreholes will be left open for approximately 1 to 2 days after completion of drilling so delayed water levels can be observed. The Client should understand that some settlement of the borehole backfill might occur. No future maintenance or filling of the holes are included in this scope. This scope is also based on the field exploration being performed without the need for personal protective equipment beyond Level D (hard hat, steel -toe boots, and safety glasses). If personal protective equipment or special borehole sealing procedures become necessary, these tasks will be added by supplemental agreement. Excluded from this estimate are geotechnical engineering recommendations, borrow site selection and borrow design. Deliverables will consist of a boring layout plan, boring logs and Subsurface Exploration Report. The final report will be sealed by an Iowa licensed Professional Engineer. Phase 1— Design and Bidding Phase Services Task 6 - Topographical Survey. This task includes field surveys, property surveys and utility calls to complete the design of the project. Task 7 - Base Mapping. This task includes development of a base map file in MicroStation format for use in the development of the project. Page 145 of 179 Task 8 - Existing Utility Review. The review of existing utilities in the area will include above -ground utility lines and underground utilities based on field locates and maps supplied by the utility companies in the corridor. Locations of potential conflicts within the wetland will be noted. Task 9 - Review Hydraulic Model. ATS will review the storm water and FEMA flood maps for the site. Floodway and floodplain boundaries will be reviewed for the proposed project. Task 10 — Prepare Preliminary Plans. The preliminary plans for the wetland mitigation sites will be depicted on the base strip maps to indicate existing site features, known utilities, removals, and existing and proposed ground contours. This project will need to be coordinated with the CLIENT, adjacent property owners, Iowa DNR and US Army Corps of Engineers. Task 11 - Preliminary Cost Estimates. Preliminary cost estimates will be developed for the preliminary design of each proposed wetland mitigation site. Task 12- Plan and Profile Sheets. Preliminary plan and profile sheets will be prepared for the proposed wetland construction, in addition to grading plan sheets. Task 13 - Storm Water Pollution Prevention Plan. Preparation of a Storm Water Pollution Prevention Plan (SWPPP) (EC Sheets) will be included in the final plans. Task 14 - Final Plans and Specifications for Wetland Mitigation Sites. Final plans and specifications will be developed incorporating comments received by CLIENT and US Army Corps of Engineers. Plans will include general notes, plan and profile sheets, grading sheets, quantities, estimate reference notes and details as necessary. Specifications will include contract documents incorporating requirements from CLIENT and US Army Corps of Engineers. SUDAS specifications will be referenced, along with engineer -provided technical specifications. Task 15 - Engineer's Opinion of Probable Cost. An Engineer's Opinion of Probable Cost will be developed for the project. Task 16 - Agency Coordination. This task includes ongoing coordination with Iowa DNR, US Army Corps of Engineers and other regulatory agencies. ATS will prepare necessary floodplain permit, construction permit schedules and General Permit No. 2 to be submitted to Iowa DNR. Task 17 - Project Management Team (PMT) Meetings. This task includes preparation for and attendance at monthly PMT Meetings throughout the duration of the project. A total of six PMT meetings are included in this scope. Task 18 - Project Administration. This task includes in-house project management and administrative tasks, including intra -office meetings, subconsultant coordination, filing and other in-house administrative tasks. Task 19 - Preparation and Distribution of Contract Documents. Prepare contract documents for distribution to plan rooms and potential bidders for the wetland mitigation project. Task 20 - Respond to Bidders Questions. Respond to questions that bidders may have regarding the project. Prepare addenda as needed for project. Page 146 of 179 Task 21 - Bidding Assistance. Attend bid opening, secure contracts, bonds and certificates of insurance, review bids, prepare bid tabulation and make recommendation to CLIENT for the wetland mitigation project. Phase 1l - Construction -Related Services and Wetland Monitoring The scope of construction -related services and wetland monitoring will be determined at the time the services are needed and defined under a future amendment to this agreement. Construction -related services include construction staking, on-site field review, materials testing and contract administration during construction. Wetland monitoring includes annual monitoring reports required by the US Army Corps of Engineers. O:\Administration\AGREE\PROF\WAT MLK Wetland Mitigation.doc Page 147 of 179 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with Mersiha and Asim Mustedanagic, for the construction of a single family home with a minimum value of $200,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Reviewer Action Date Plainning & Zoning Schroeder, Alio Approved 9/18/2019 ... 9:53 AIM G:'perk Office t^',vena p:,eAnn .Approved d 9/18/2019. 10:17 AM ATTACHMENTS: Description Type A.greernent Backup \/i : airu;:ap Ma -r) 01 k.rt Bac. up .Material SUBJECT: Submitted by: Resolution approving a Development Agreement with Mersiha and Asim Mustedanagic, for the construction of a single family home with a minimum value of $200,000, and approving a development grant of $5,000, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve the resolution The City of Waterloo is looking to approve a Development Agreement with Mersiha & Asim Mustedanagic, to construct a new home on a lot located at 3545 Muirfield Drive. The developer has acquired the property and plans to Summary Statement: build a single family home on the lot with a minimum value of $200,000. This agreement would also allow for the developer to receive a $5,000 grant from the city once the homes receive their certificate of occupancy after construction. This area was platted in 1990 and the area homes were constructed in the early 1990's. Expenditure Required: $5,000 Source of Funds: Bonds Policy Issue: Infill Housing Alternative: Not approve. Pinnacle Place First Addition Lot 10 Legal Descriptions: Page 148 of 179 Preparer information: Adrienne Miller 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between Mersiha & Asim Mustedanagic ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS 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. Developer is willing and able to finance and construct one single-family dwelling and related improvements on property located at 3545 Muirfield Drive in Waterloo, generally described as parcel 8813-05-201-073, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Developer. Developer will construct on the Property one single-family dwelling, valued at over $200,000. The dwelling shall be completed to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All 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. Page 149 of 179 DEVELOPMENT AGREEMENT Page 2 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to enter into this agreement with Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twenty fourth (24) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option this agreement will be voided, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the agreement shall be voided after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped andlor delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the agreement shall be voided. 3. Incentives. A. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. B. Development Grant. Upon completion of the new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy. 4. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of Page 150 of 179 DEVELOPMENT AGREEMENT Page 3 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-collateralize the Property to support the construction of improvements on any other real estate. 6. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 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 Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer 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 Developer. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its Page 151 of 179 DEVELOPMENT AGREEMENT Page 4 consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 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, to City of Waterloo, 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 Developer, to Mersiha & Asim Mustedanagic, 3545 Muirfield Drive Waterloo, Iowa 50701. Delivery of notice shall be deemed to occur (1) 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 Developer 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 Page 152 of 179 DEVELOPMENT AGREEMENT Page 5 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 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, together with the exhibits attached hereto, 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. Page 153 of 179 DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: DEVELOPER Mersiha Muted Kelley Felchle, City Clerk A im Mustedanagic Page 154 of 179 EXHIBIT "A" Legal Description of Property Pinnacle Place First Addition Lot 10 Page 155 of 179 IIIIIIIII'IIIIItI ivli,\ ' uuiuuupuil� 1IIIIIIIIIIIIIIIIII g YIY PPil ul, �,I IIIIIIImV1 �Jlludq'Illl� IL. �,;�,pllll��ulo' 111111111 111111 i luuuuuum 'W"' ''iiiiiillll1111ll, lllllll, u „w, .uuuuumiil01m1 1111111111111111111111111111111111111111 www 11111111"1111111111101.... II :111111111111ononu V11111111V® 1111111111111111111111111 111111111111 1111111111111111,01100011100111111,111 YI I,iiiiuill�l M Ills liioo til ,,,,Iljl;l' Nate Base map data source is Black Ha.vk County This map does not represent a surrey no !ebbty Isred for the accuracy of the data delineated herein, eitheexpressed or Implied by Black Hare County the Black Hawk Count, Assessor, or their employees The City of W ateaoo makes no warranty, express or implied, as to the accuracy of the Information shown on this map and express!; d claims liability for the accuracy thereof usurp should refer to°Heal plats surreys recorded deeds etc located at the Black Hawk County Asse..sor s Office for Complete and accurate mformaoon Citta of Waterloo, Iowa W+E o o 100 ®Feet Page 156 of 179 CITY OF WATERLOO Council Communication Resolution approving and accepting acquisition contracts and approving deeds to sell real property to the City of Waterloo, for the partial acquisition of property and temporary easement from Richard C. and Helen J. Anderson, in the amount of $189,435, with recording fees not to exceed $100, located east of 300 Ralston Road, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department nning & Zoning lc( ATTACHMENTS: Description A.cquuisitor. Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric i1ven LcAn:r Action A pp roved Appproved. Type Cover, Memo Cover Memo Date 9/18/2019 ... 9/p8/2,0p9 :04 AM :08 A.M. Resolution approving and accepting acquisition contracts and approving deeds to sell real property to the City of Waterloo, for the partial acquisition of property and temporary easement from Richard C. and Helen J. Anderson, in the amount of $189,435, with recording fees not to exceed $100, located east of 300 Ralston Road, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by the City of Waterloo to accept certain acquisition contracts and approving deeds to sell real property to the City of Waterloo, for the partial acquisition of property and temporary easement from Richard C. and Helen J. Anderson, in the amount of $189,435.00 ($180,150.00 fee title acquisition; $9,285.00 temporary easement), located east of 300 Ralston Road, plus recording costs. The purpose of these acquisitions is to construct a new drainage channel along East 4th Street and Ralston Road to capture runoff from new development. North Crossing, which includes UnityPoint Waterloo's outpatient campus is developing and there are more future medical buildings and commercial uses planned. The new drainage channel will take in the runoff from this surrounding area, along with other areas as other vacant land is developed and channel it eastward to Virden Creek. As new development occurs, city ordinance requires that storm water detention mechanisms are put in place to slow the flow of runoff and empty it into the channel at a controlled rate. Page 157 of 179 Expenditure Required: $189,435.00, and up to $100.00 to Black Hawk County Recorder for recording purposes. Source of Funds: GO Bonds Policy Issue: Infrastructure and drainage. Legal Descriptions: See attached easement plats. Page 158 of 179 ACQUISITION CONTRACT Parcel Nos. Richard C. and Helen J. Anderson PROJECT Virden Creek Drainage Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of , 2019 by and between Richard C. and Helen J. Anderson ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See plats and legal descriptions attached as Exhibit "A", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not lirnited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days' notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 189,435.00 , based on a fee title value of $15,000 per acre, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $1 18,800, up to a maxirnum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names arid addresses of lienholders are: ja) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees ori warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Properly to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Page 159 of 179 Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. 13. Buyer shall remove and dispose of all trees within the designated wetland area, however, the wetland will still remain. 14. Seller is permitted to discharge drain tile outlets into the drainage way after submitting plans to the City on the type, size and location of proposed outlets, which said plans need to be approved by the City in advance. Seller or its contractors shall obtain an excavation permit through the City of Waterloo Engineering Department before commencing work on City -owned property. 15. A 40 -foot wide crossing shall be provided by the City as part of the project to the north of the intersection of Ralston Road and East 4th Street. Seller shall be responsible for maintaining the gate, and any repairs are the responsibility of the Seller. 16. After transfer of title, Seller may continue to use the subject property for farming and cultivation purposes in a manner that is consistent with the usage prior to the transfer of title. Seller may continue such usage until Seller receives a written notice from the City, prior to planting, that activities on the development project will be proceeding to the extent that some or all future farming and cultivation should cease. If any crop has already been planted before Seller receives a notice to cease farming, Seller shall have an opportunity to remove the crop, if harvestable, or will be paid crop damages by City of Waterloo. Crop damages s after a July 1 notice date will be the sum of (a) Seller's documented input costs and (b) the product of $100 multiplied by the number of tillable acres affected. Crop damages on or before a July 1 notice date will be to reimburse Seller for its documented input costs. Crop damages will be paid within 30 days after reasonable proof of Seller's input costs is provided to the City. 17. The only rental obligation of Seller for authorized use of the Property will be payment, before delinquency, of any real estate taxes which become assessed and payable against the subject property. 18. Buyer or hired contractor shall be responsible for "deep ripping" area disturbed by construction. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. Richard C. Anderson Helen J. Anderson -riws-reE j. r -1V-u-ST SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: SSN or EIN SSN or EIN Acknowledged before me on)&,t 17, , [as 7'L/17M.. of Seller]. TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2021 .------N. , / APPROyAL NDED,(8Y: I /( / / ,..m.._ ei>c I/ City Planning Staff APPROVED BY: DATE APPROVED: (Mayor) 2 and (Date) ATTEST: (City Clerk.) Page 160 of 179 BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, ss: Acknowledged before me on respectively, of the City of Waterloo, iowa. by Quentin Hart and Kelley Felchle as Mayor and City Clerk, Notary Public Page 161 of 179 Price per acre (fee interest) $15,000.00 Fee acquisition Temporary easement(s) TOTAL EXHIBIT "B" Acres Price 12.01 6.19 $180,150.00 $9,285.00 $189,435.00 Page 162 of 179 Exhibit "A" 1 of 3 AC Q lJ ISI JL ON PLAT VIRDEN CREEK DRAINAGEWAY CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: RICHARD C. AND HELEN 2. ANDERSON COUNTY PARCEL No. 8913-12-176-002 AND 8913-12-326-002 NANCY WERNER 5/8"•RBR. #12088 Ip2 I- I - I 13y LEGAL DESCRIPTION OF PARCEL '401 RICHARD & HELEN ANDERSON A PART OF THE SE 1/4 NW 1/4 AND NE 1/4 SW 1/4 SECTION 12, T -89—N, R -13—W OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW COR_ SE 1/4 NW 1/4 OF SAID SECTION 12; THENCE N00'48'37"W, ALONG THE WEST LINE 5E 1/4 NW 1/4 OF SAID SECTION, 1147.69 FEET; THENCE N89"44'21 "E, 233.01 FEET; THENCE 500'48'37"E, 1699.87 FEET; THENCE N89'56'S0"W, 198.88 FEET; THENCE NC0'55'45"W, 550.97 FEET TO THE NORTH LINE NE 1/4 SW 1/4 OF SAID SECTION; THENCE 589.57'56"W, ALONG SAID NORTH LINE, 33.00 FEET, TO THE POINT CF BEGINNING. SAID PARCEL CONTAINS 8.66 ACRES, 377,429 SQUARE FEET, MORE OR LESS. 'E co RONNIE THOM PSON & 9 RANDEE RTSSLER r r7 5/8" RBR. 12088 CITY OF WATERLOO P.O.B. FOUND 10 PINCH PIPE SW COR. SE 1/4 NW 1/4 S. LINE SW 1/4 NW 1/4 N. LINE NW 1/4 SW 1/4 289'57'56"W 33.00' OWNER: RICHARD C. & HELEN J. ANDERSON LD 545457 SURVEYOR: ANENT, INC. 5825 DRY CREEK LN NE CEDAR RAPIDS, IA 52402 (319) 378-1401 N 0 100 200 v 0 N89'56'50"W 3 FOUND 1/2" REBAR SW COR. NE 1/4 SW 1/4 400 AC0UIS103 PLAT' PARCEL #4 'ARDEN CREEK TRIBUTARY NOTES: 1. DISTANCES IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF ACQUISITION — 8.661 AC. (377,429± SQ. FT.) 3. BEARINGS SHOWN ARE BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE (NAD 83), A5 MONUMENTED BY BLACK HAWK COUNT( GPS NETWORK AND CONTROL. • S. LINE SE 1/4 NW_1/4 N. UNE NE^1/44 SW 1/4 RICHARD &IS/LEN ANDERSON LEGEND A. FOUND SECTION CORNIER MONUMENT Q SET 1/2" REBAR WITH YELLOW PLASTIC CAP EMBOSSED WITH "PLS14809" ;u FOUND MONUMENT AS NOTED 8.0.6. POINT OF BEGINNING SURVEY BOUNDARY I HERESY 01011FY TART ]96 VNO SWF/M+ING DOCUMENT WAS PREPARED �AND 1H :EIA SURVEY WORK WAS PERFORMED 0TDRUME UNDER TGHE LATWS OF THE LY CENSE NUMBER: 1x009 LICENSE RENEWAL OATS IS DECEMBER 31, 2010 EnRSEAL UN ES LS210300 00200.covERED BI IRS 09 DAT AMENT, INC. ENGINffiNWC, ARCNRECNRE, SCRVEYMG DRAWN 9Y: CML APPROVED 9Y: GES ISSUE DATE: 7/27/07 N0. RMSION DATE Page 163 of 179 TEMPORARY EASEMENT EXHIBIT Exhibit "A" cont. 2 of 3 RICHARD & HELEN ANDERSON 100.00' 7/7 /N59'44'21E NANCY WERNER 5/8" 868. #12088 4. RONNIE THOMPSON & RANDEE RISSIER 5/8" RSR. #12083 z CITY OF WATERLOO P.O.B. FOUND 1" PINCH PIPE 241 COR. SE 1/4 NW 1/4 S. LINE SW 1/4 NW 1/4 N. LINE NW 1/4 SW 1/4 N A. IPT1 A PART OF THE SE 1/4 NW 1/4 AND NE 1/4 SW 1/4 SECTION 12, T -89-N, R -13-W OF THE FIFTH PRINCIPAL MERIDLAN, BLACK HAWK COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A ONE .HUNDRED FOOT WIDE STRIP OF LAND PARRALLEL AND ABUTTING 70 THE NORTH AND EAST OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SW COR. SE 1/4 NW 1/4 CORNER OF SAID SECTION 12; THENCE NO0145'37"W, ALONG THE WEST LINE SE 1/4 NW 1/4 OF SAID SECTION, 1147.69 FEET; THENCE 5594421E, 233,01 FEET; THENCE S00 -48'37"E, 1699.87 FEET; THENCE N89'56'50'W, 198.88 FEET; THENCE N00'55'45"W, 550,97 FEET TO THE NORTH LINE NE 1/4 SW 1/4 OF SAID SECTION; THENCE S8957.56"W, ALONG SAID NORTH LINE 33.00 FEET, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 4.67 ACRES, 203,315 SQUARE FEET, MORE OR LESS. S. LINE SE 1/4 NW 1/4 UNE NE 174Sir1/4 589157'56"W 33.00' 0 700 200 400 OWNER: RICHARD & HELEN ANDERSON LD 545457 4, z FOUND 1/2" REBAR SW COR. NE 1/4 SW 1/4 SURVEYOR: AMENT, INC. 5525 DRY CREEK LN NE CEDAR RAPIDS, IA 52402 (319) 378-1401 NOTES: 1, DISTANCES IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF TEMPORARY CONSTRUCTION EASEMENT - 4.67± AC, (203,316± SQ. FT.) 3. TEMPORARY CONSTRUCTION EASEMENT TO EXPIRE UPON ACCEPTANCE OF CONSTRUCTION BY THE CITY OF WATERLOO, IOWA, N 4. BEARINGS SHOWN ARE BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH TEMPORARY' ZONE (NAD 83), AS MONUMENTED CONSTRUCTION BY BLACK HAWK COUNTY GPS EASEMENT LINE NETWORK AND CONTROL • LEGEND A FOUND SECTION CORNER MONUMENT 0 SET 1/2" REDAR WITH YELLOW PLASTIC CAP EMBOSSED WITH "PL314809" FOUND MONUMENT AS NOTED 8,0.8. POINT OF BEGINNING SURVEY BOUNDARY MPOEASEMENT EXHIBIT PARCEL 44 VIRDEN CREEK 1618114464 ANEtNT, INC. Earthrdi;iarfk-a—,Sla 011*11114 8?; CML APPRDVCD BY: GES {01148 DAM 7/27/07 4478 Page 164 of 179 L0/0/9 0)/0 nsi S30 .41 CICIAGUdi. IWO VG RAKNO MON,4113.10y1 yyrnaf "tlfttiVeNt,0140,14V. wearON otrmItin_rom,:129.3.7.„Foausz IN311A9V sztawriam NIVS513 aNYCKIEE ANY -NZ& >13380 N3CINIA TAoveci ir Nowstmay OrttZSS M.OS,SS.00N 9/t MS lit 3N 3Nn 0 0 PR w z 0 0 P N t/1 P N 0 0 0 0 0 0 0 P cti 0 00 z 0 0 cI < Z 6 z o uJ 0 3 w w x to 0000 J01)01. L7' 3N M.S1,,SS.00N 3Nri ri o 0 z 13361S 1-1.1.1, • t MS +/t 3N 40 301 00 0 Z 0 0 0 E '1UOD w.. iiaiuxq CITY OF WATERLOO Council Communication An Ordinance Amending the City of Waterloo Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed Limits in Certain Areas. City Council Meeting: 9/23/2019 Prepared: 9/17/2019 REVIEWERS: Department Traffic Operation Clerk Office Reviewer Action Date Greco, niche.Approved 9/i8/2019...9:58.AM i^',vena p:,LAnn. Approved 9/18/)019 10.20 AM ATTACHMENTS: Description Type D Ordinance ➢Irnkup .111 ,.enol. SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Motion to receive, file, consider and pass for the first time an an ordinance amending the City of Waterloo Traffic Code by repealing Subsection (74) - University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed Limits in Certain Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance Consultants for the University Avenue Project have recommended the speed limit be lowered to 35 MPH between Access "B" and Midway Drive (corporate City limits). With lanes being reduced to four (4) and no frontage roads (with driveways off of University Ave.) reducing the speed is a safety factor. This will continue the 35 MPH speed limit along University Avenue from Waterloo into Cedar Falls. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 166 of 179 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (74)—UNIVERSITY AVENUE, OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS, IN ITS ENTIRETY, AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (74) UNIVERSITY AVENUE, TO SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (74) University Avenue, of Section 541, Increasing Speed Limits in Certain Areas shall be deleted in its entirety, and in lieu thereof, insert a new subsection (74) University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, as follows: (74) University Avenue— From the northwesterly side of W. Mullan Avenue to a point 400 feet west of Belmont Avenue From a point 400 feet west of Belmont Avenue to Access "B" From Access "B" to the west corporate limits (Midway Drive) 35 mph 45 mph 35 mph PASSED AND ADOPTED by the City Council this day of September, 2019, and approved by the Mayor this day of September, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 167 of 179 CITY OF WATERLOO Council Communication Board of Adjustment Meeting minutes of July 30, 2019. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date Piarming 7a rrbiii b Schroeder, Aric Approved 9/18/2,019 ... :26 AM k 0like p1ahy, Nailney Approved 9/18/2019... :34 A M ATTACHMENTS: Description Type D ti'VVinutcs Cover Memo SUBJECT: Board of Adjustment Meeting minutes of July 30, 2019. Submitted by: Submitted By: Page 168 of 179 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JULY 30, 2019 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Brad Condon, John Beckman, John Chiles and April Leadley. Board members absent were Jeri Thornsberry. Staff in attendance was: Aric Schroeder, John Dornoff and Chris Western. I. Approval of the July 30, 2019 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, June 25, 2019. It was moved by Leadley, seconded by Chiles to approve the minutes of the June 25, 2019 Regular Meeting with corrections. Motion carried unanimously. III. Decision Items 1. Request by Lost Island Real Estate LC for a special permit for an outdoor recreational facility (theme park) located east of 2546 East Shaulis Road. Dornoff gave the staff report that recommended approval of the request. Dornoff stated that the request would appear compatible with existing development in the area with the existing Lost Island Water Park, Isle Casino, and Bamboo Ridge Campground located on the north and northwest sides of Shaulis Road from the proposed rezone. Also, that while the project has some residential in the nearby vicinity, staff believes proper design and buffering can help to mitigate any negative impacts and would note that there are other existing commercial uses in the area including Lost Island Water Park, the Casino, and Campground within close proximity and that the this project will have a positive impact on the entire community in terms of tourism, marketing, and other factors of quality of life. Staff also required that the necessary actions are taken in regards to the findings of the traffic study and that the southeast corner of the facility is buffered from the Summerland neighborhood. Condon asked why the staff report lists the condition that the southeast corner of the facility is buffered from the Summerland neighborhood if buffering is already a requirement listed in the zoning ordinance. Noel Anderson Community Planning and Development Director explained that staff received emails expressing concerns from the Summerland neighborhood in regards to buffering between them and the proposed development. Therefore, staff added the condition to the staff report to show that staff is aware of the concerns. Condon expressed concern about using buffer as an ambiguous term and suggested that the buffering condition should be removed from the staff report as a condition and rely on the buffering requirements as it is listed in the zoning ordinance. Schroeder stated that removing the condition is an option or reword it to say "buffered in accordance to the zoning ordinance" as the ordinance does have a section detailing the buffering and screening requirements. Condon reiterated that he thought the buffering condition should be removed. Beckman asked if there is a buffering plan available for viewing. Schroder stated that applicant has not gotten to that level of detail as of yet as they wanted to be granted the Special Permit approval as a part of the first phase and assuming the Special Permit is approved, actual construction plans will be presented during the building permit of the project which will include a screening and buffering plan. Beckman stated his impression that the applicant is working well Page 169 of 179 BOARD OF ADJUSTMENT July 30, 2019 Minutes with residences in that area and trusts that something that everyone agrees on will be constructed. Beckman asked about the level of confidence in the proposed flooding mitigation for the sight. Bill Claassen of Claassen Engineering stated that his firm is designing the mitigation plan and that there is a 30 acre lake that will act as a storm water retention area and is much larger than is required by city ordinance and that the city ordinance requires that you retain the difference between the 5 year existing runoff versus a 100 year fully developed site and that the proposed lake would have enough capacity above minimum to far exceed that requirement. Beckman asked Claassen that based on what you've explained that your confidence level in being able to control the flooding in the area is fairly high. Claassen stated that the park itself will be above the 100 year flood elevation and the park is designed to meet the City's storm water retention requirements. Schroeder stated that as it was mentioned in the staff report, Shaulis Road is being studied for both traffic and drainage improvements as there are times when flooding will overtop Shaulis Road and that the city will be looking to address both traffic and flooding issues. Beckman stated that he anticipates that improvements to Shaulis Road will a part of the overall project. Schroeder stated they would be. Lisa Skubal on behalf of Grow Cedar Valley spoke in favor of the request as they did they did at the Planning and Zoning meeting and encouraged the Board to approve the Special Permit to allow the project to continue moving forward. The applicant Gary Bertch addressed the board asking that the request be approved to allow the project to move forward. Condon thanked Mr. Bertch for the proposed project. Beckman asked for clarification as to whether the condition that the southeast corner of the facility be buffered from the Summerland neighborhood be removed or included in the motion. Condon recommended not including the condition in the motion. Chiles stated that he would like to add the condition to the motion as he had read the emails submitted by concerned residents and feels adding the condition to the motion will reinforce the buffering requirement. Schroeder recommended adding the wording "in accordance with the zoning ordinance" so that the condition is directly tied to the zoning ordinance buffering requirements. Chiles agreed with the recommendation and felt that it would alleviate any potential issues with residents that were not able to attend the meeting. It was moved by Chiles, seconded by Beckman to approve the request by Lost Island Real Estate LC for a special permit for an outdoor recreational facility located east of 2546 East Shaulis Road subject to that the necessary actions are taken in regards to the findings of the traffic and drainage study and that the southeast corner of the facility (theme park) is buffered from the Summerland neighborhood in accordance with the City of Waterloo's Zoning Ordinance screening and buffering requirements. Motion Carried unanimously. III. Discussion There were 110 discussion items. IV. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 4:23 p.m. Motion carried unanimously. Sincerely, ii'/c vd0/ 6/, Aetet,a Christopher W. Western Planner II/Brownfield Coordinator Page 170 of 179 CITY OF WATERLOO Council Communication Planning & Zoning Special Meeting minutes of July 23, 2019. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date h iannnng 7a rrbiii7.b Schroeder, Arica Approved 9/18/2,019 ... 26 AM k. Office p1ahy, Na,ii.n.cy Approved 9/1.8/2019 ... 10.33 AM ATTACHMENTS: Description Type D ti'nVinutcs Cover r 1M mo SUBJECT: Planning & Zoning Special Meeting minutes of July 23, 2019. Submitted by: Submitted By: Page 171 of 179 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION SPECIAL MEETING - 4:00 P.M. July 23, 2019 The special meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:01 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Donat, Wilber, Serfling, Buttgen, Mohammad and Trost. Members absent were: Hall, Holdiman, and Flynn. Others present: Noel Anderson, Aric Schroeder, Adrienne Miller, Tim Andera, Chris Western, John Dornoff and Seth Hyberger — Planning Department, Jamie Knutson — City Engineer, Tim Jamison — Waterloo Courier, and 32 citizens. I.Approval of the Agenda It was moved by Serfling, seconded by Buttgen to approve the agenda combining items A-1 and B-1. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on July 2, 2019. It was moved by Donat, seconded by Buttgen to approve the minutes. Motion carried unanimously. III. Financial Report: June 2019 Anderson gave the financial report for June 2019 indicating that this covered the department through the 2019 fiscal year and department is between 87% and 113% on expenses and between 74% and 124% in revenue for the year. IV.Oral Presentations No Oral Presentations V.New Business A. Hearings — Rezones 1. Request for Lost Island Real Estate LC to rezone approximately 159 Acres from "A-1" Agricultural District to "C -P" Planned Commercial District for an outdoor recreational facility located east of 2546 East Shaulis Road. It was moved by Donat and seconded by Trost to receive and place on file the statement of verification at 4:07p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff gave the staff report recommending approval of the rezone with the conditions that 1) necessary actions are taken in regards to the findings of the traffic study and related drainage way improvements to Shaulis Road and 2) that the southeast corner of the facility is buffered from the Summerland neighborhood. Donat asked how the applicant was going to deal with a large flooding event to which Dornoff responded that the engineer for the applicant is here and can answer that question. Serfling asked what was included in the buffering to protect the residents from such things as the rides, noise, and lighting to which Anderson responded that there are specific screening requirements in the Ordinance and the commission could add specific requirements if the commission sees fit. Page 172 of 179 Planning and Zoning Commission July 23, 2019 Bill Claassen, Wayne Claassen Engineering, 2705 University Avenue, the project engineer stated that there will be a 30 acres lake and another 2 acres lake that will capture runoff from the site. All the rides and other features of the park will be above the 100 year and 500 year flood plain. The lakes will also function as a storm water detention and retention basin. Claassen also noted that all lighting will be directed inward toward the park. Claassen also noted that there is a large hill between the site and the residences at Summerland and part of that hill will remain, and that the nearest home to a ride will be nearly 2000 feet both from Winston Place and Summerland. The facility was sited so that it would be served by existing infrastructure including utilities and transportation. Gary Bertch, 4935 Young Road, showed a map stating that the nearest ride would be 1920 feet from Winston Place and 1635 feet from Summerland and even farther to the first owner occupied house in that area so the decibel levels should not be that high and that the rides will be between 70 and 130 feet tall with a tower that would be 180 feet tall. Buttgen asked about lighting the parking lots to which Bertch responded that the lighting will be directed down and away from the residences. Bertch does not anticipate a lot of lighting on the rides themselves except low LED lighting. Trost asked what the hours of the park will be compared to the water park to which Bertch responded that the waterpark runs from 10:30AM to 6:30PM 7 days a week during its season while the theme park it will be similar except that the theme park will be open till 9PM or 10PM on Fridays and Saturdays although the schedule is not set in stone. Donat noted that during the 2008 floods that Lost Island Water Park had some extensive water damage and how will this park deal with that to which Claassen responded that this park will be built above the flood plain, and a lake built to handle the flood flows. Serfling noted that this park will create a lot more light than people are used to, and asked what seasons the park will be open to which Bertch responded that it would probably be open during the summer months plus weekends in May and September. Lisa Skubal, Grow Cedar Valley, 350 Westfield Avenue, spoke in favor of the project as it will have a major impact on economic development and tourism in the area. The jobs alone will add $614,000 in wages to the area. Rich Kurtenbach, President of Waterloo Building Trades Council AFL-CIO, 1695 Burton Avenue, stated that their organization is in full support of this project and looks forward to this going up. David Devault, Factory Manager for John Deere, 3500 East Donald Street spoke in favor of the project. The community is a great place to live and this will increase that livability even more. He was in awe of the project and thanked the Bertch's for proposing it. John Humpal, 5222 Dysart Road stated that his mother-in-law owns the property adjacent to the proposed theme park. Thinks that the Bertch family is wonderful and is not opposed to the project, just wants to make sure the project is done right when it comes to water issues and water run-off from the parking lots to their property since water flows to the north and east in that area. Also noted that Shaulis Road is closed several times a year due to flooding and would like the trees along the southeast part of the property stay. Claassen responded that there will be a ditch along the east side of the parking lot that will take water to the lakes and reduce water in the area and that the trees should not be touched. Laurel Rudd, 5528 Summerland Drive, stated that when they built their house they did not envision an amusement park next to them. She stated they have concerns about the screaming, exhaust, noise and other problems that will come with the development. Wilber asked if the site plan would come back to the Commission to which Anderson responded that the site plan in the packet is the submitted site plan. -2 Page 173 of 179 Planning and Zoning Commission July 23, 2019 It was moved by Trost, seconded by Serfling to close the public hearing. Motion passed unanimously. The hearing was closed at 4:40 p.m. It was moved by Buttgen, seconded by Donat to recommend approval of the rezone with the conditions that 1) necessary actions are taken in regards to the findings of the traffic study and related drainage way improvements to Shaulis Road and 2) that the southeast corner of the facility is buffered from the Summerland neighborhood. Motion passed unanimously B. Special Permits 1. Request by Lost Island Real Estate LC for a special permit for an outdoor recreational facility located east of 2546 East Shaulis Road. Item was discussed with item A-1 above. It was moved by Buttgen, seconded by Trost to recommend approval of the special permit for with the conditions that 1) necessary actions are taken in regards to the findings of the traffic study and related drainage way improvements to Shaulis Road and 2) that the southeast corner of the facility is buffered from the Summerland neighborhood. Motion passed unanimously. C. Encroachment Agreements 1. Request by Farmers State Bank for an encroachment agreement to modify an existing sign in the right of way of Nicki Street located at 131 Tower Park Drive. Hyberger read the staff report recommending approval of the encroachment agreement with the condition that a signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove sign in the event the area is needed for street or utility purposes. Buttgen noted that the staff reports says that there is no utilities but the sign was lit to which Schroeder responded that the no utilities indicates there is no public utilities but there is a private line to the sign. Donat asked if there was an issue with meeting the Ordinance when it comes to height to which Hyberger said that it meets all the provisions of the sign regulations. Brian Buss, Nagle Signs confirmed it does have electronic messaging capabilities then describes the features of the new sign. Buttgen asked if the Waterfall Car Wash sign will be affected by this new sign to which Buss said that you will still be able to see the sign on San Marnan. Donat asked if the Waterfall Car Wash sign is attached to their building to which Buttgen said that it is a separate sign. It was moved by Trost, seconded by Donat to approve of the encroachment agreement with the condition that a signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove sign in the event the area is needed for street or utility purposes. Motion carried unanimously. D. Vacates 1. Request by PWS Holdings 19 TA, LLC to vacate 0.38 acres of right -of way located adjacent to 3110 University. Hyberger gave the staff report recommending approval of the vacate with the condition that Retention of easement for utilities would need to be retained over the 0.38 acre portion of City Right -of -Way being vacated. -3 Page 174 of 179 Planning and Zoning Commission July 23, 2019 Trost asked if setbacks would be the same to which Hyberger answered that they would be the same and gave the setbacks. Tanner Brandt, PWS Holdings, stated that they would like to acquire this piece of right-of-way to have more flexibility in redeveloping the site. It was moved by Mohammad, seconded by Buttgen to approve the vacate with the condition that an easement for utilities would be retained over the 0.38 acre portion of City Right -of -Way being vacated. Motion carried unanimously. VI. Discussion The next meeting will be on September 10th, 2019. VII. Adjournment It was moved by Mohammad, seconded by Donat, to adjourn the meeting at 5:02 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -4 Page 175 of 179 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes August 2019. City Council Meeting: 9/23/2019 Prepared: 9/18/2019 REVIEWERS: Department Reviewer Action Date Community Q:)a vn °nt lltgby, Nancy AiTrov. 9/18/?...,00.39 ACM ATTACHMENTS: Description D August 2019 .Board Type ('ovel N1�na�o SUBJECT: Community Development Board Meeting minutes August 2019. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: Approval Page 176 of 179 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING August 20, 2019 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, August 20, 2019. Members present: John Chiles Cody Leistikow, Cam Campbell and Don Share Members absent: Precious Clark -Muhammad and Angela Weekley Also present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator A. APPROVAL OF THE AMENDED AGENDA FOR AUGUST 20, 2019 Chairperson John Chiles asked for a motion to approve the amended agenda. It was moved by Leistikow, and seconded by Campbell to approve the Agenda. Motion carried. B. APPROVAL OF THF MINUTES FOR THE REGULAR MEETING ON JULY 16, 2019. Chairperson John Chiles asked for a motion to approve the minutes for the July meeting. It was moved by Share, and seconded by Leistikow to approve the minutes for the July 16, 2019 meeting. Motion carried. C. OLD BUSINESS 1. Staff Updates and Training Interviews were scheduled and the hopes are that a person will be hired and trained for the position in September. There was a lack of qualified applicants for the rehab position so that position has been re -advertised. 2. Lead Grant Update Staff is working diligently to move the numbers up for the lead grant. The list continues to grow and the budget is being tweaked so we have funding for our benchmark goals. D. NEW BUSINESS 1. Guest Speaker -Felicia Carter was unable to come 2. Endorse Rehabilitation Contracts for July 2019 Chairperson John Chiles asked for a motion to approve the contracts for July 2019. It was moved by Leistikow, and seconded by Share to approve the July contracts. Motion carried. 3. Neighborhood Services Report - Felicia reported on the success of National Night Out and the North End Festival that were both held in the beginning of August. Smith -Nails will be setting up Neighborhood Association meetings in the future to begin the assessment phase for each neighborhood. After the assessments, her hopes are to have a work session with city council. 4. Set Date for Public Hearing to review FY2019 Consolidated Annual Performance and Evaluation Report It was moved by Share, and seconded by Leistikow to set the date for the CAPER public bearing on September 17, 2019. Motion carried. 5. Don Share Resignation - Share informed the Board that today would be his last meeting; he is resigning due to health and business concerns. Share will submit a resignation letter this corning week. 5. Elizabeth Kehret- 1307 Bertch Avenue Board was presented with a letter from Elizabeth Kehret- 1307 Bertch Avenue in regards to her desire to move out of the home because the current home is not big enough for her growing family. Their plan is to keep the home. A forgivable loan is in place until March 2020 and her hopes are to move out in December of 2019 without paying back the prorated amount of $4,996.80. A motion was made by Share to forgive the amount with the stipulation that if they sold the home prior to that date we would receive our prorated portion. Leistikow seconded that motion. All ayes. Motion passed. E. DISCUSSION ITEMS ADJOURN MEETING With no further business it was moved by Share, and seconded by Campbell to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, Board Secretary Page 177 of 179 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of conclusion of employment for Kyle Flickinger, 1st Year Paramedic, effective September 9, 2019 with recommendation of approval of payout of $3,378.94 for unused benefits. City Council Meeting: 9/23/2019 Prepared: REVIEWERS: Department Reviewer Action Date :manResoFrees ,Lance Approved 9/p6/2019... i1:56A.M Clerk Office ipnby NR.mucy Approved 9/17/2019 - :15 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Fire Rescue Department on the notice of conclusion of employment for Kyle Flickinger, 1st Year Paramedic, effective September 9, 2019 with recommendation of approval of payout of $3,378.94 for unused benefits. Submitted by: Submitted By: Page 178 of 179 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: -912912449 fl 11, t.c),0 Effective Date: 9/9/2019 Employment Date: 5/16/2016 Job Title/Classification 1st Year Paramedic This is to report that the employment of Kyle Flickinger with the City of Waterloo has been severed by reason of: n Retired Disability Related E8 No 0 Yes 91 Resigned O Termination O Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Tota! Hours (x) Hourly Rate Total Payout Vacation -Accrued 48 25.60 1,228.80 Vacation -Current 82.85 25.60 2,120.96 Usable Sick Leave Sick Leave Payout 0 - $- Personal Hours 9.14 25.60 233.98 Comp Time Pay _ Holiday -8 25.60 $ (204.80) Total Payment 3,378.94 Approved y Human Resour Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals 0 Status 01-9 ICI /Date Date cu \'i Page 179 of 179